Parliament and the Ombudsman: Further Report With the Government Response to the Committee's Fourth Report of Session 2009-10 - Public Administration Committee Contents


Appendix—Government Response


The Government is grateful to the Committee for its short report on Parliament and the Ombudsman, Fourth Report of Session 2009-10, HC 107, published on 9 December 2009. This letter forms the Government's response to the Committee's recommendations set out in the report.

The MP 'filter'

The report highlights the issues around the operation of the MP 'filter' mechanism in the Parliamentary Commissioner Act 1967 which requires complainants to approach a Member of Parliament about a complaint to the Parliamentary Ombudsman. The Government is aware that the Committee and the Parliamentary Ombudsman are strong advocates for reform of the current arrangement.

The Government believes that the 'filter' mechanism is recognition of the constitutional nature of the Ombudsman's role as a 'servant' of Parliament. Members of Parliament hold a range of views on this issue, and some Members feel very strongly that the current arrangement is an important element of their relationship with their constituents. The Government believes that this is an issue of constitutional significance that needs to be carefully considered in the context of the Ombudsman's wider relationship with, and responsibilities to, Parliament. Therefore, at this stage of the Parliamentary cycle, the Government does not believe that there is scope to take this issue forward by means of an amendment to the Constitutional Reform and Governance Bill.

The Committee will be aware that, as part of its response to the Law Commission's Consultation Paper on Administrative Redress, published in July last year, the Government agreed that there may be some merit in the Law Commission exploring further the statutory frameworks governing the public sector Ombudsmen. The MP 'filter' system would form part of that consideration.

Parliamentary debate

The Committee's report recommends that the Government should commit to providing a three-hour debate, in government time and on a substantive motion, on any future report by the Ombudsman concluding that injustice has gone unremedied and laid under section 10(3) of the Parliamentary Commissioner Act 1967. As the Committee notes, section 10(3) reports are extremely rare, and therefore generate considerable interest both within and outside Parliament. As the Committee notes, it is already open to both the Government and Opposition to table a substantive Motion to enable the House to reach a decision on any report from the Ombudsman. There are also opportunities for back-bench Members to initiate a debate in the House or in Westminster Hall.





 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2010
Prepared 25 March 2010