SOC(3)SC-E002 - Public Services Ombudsman for Wales

Response of the Public Services Ombudsman for Wales to the National Assembly for Wales’s Consultation on the Establishing a Statutory Role of Commissioner for Standards

I welcome the opportunity to respond to this consultation.  The Public Services Ombudsman for Wales is established in statute to provide access for citizens to an independent avenue for complaint, and to investigate allegations of Code of Conduct breaches within local government.  This provides a perspective based on an arrangement which is in many ways analogous to the proposals for establishing a statutory role for the National Assembly Commissioner of Standards.  I hope that these comments will assist in the development of these proposals.

In addition, my office has investigative and administrative capabilities which could potentially play a part in the development of the Commissioner’s role in the future, and I have commented further below on this aspect.

Turning to the specific questions in the consultation, my response is as follows:

Questions 1 to 3

I am of the view that it is right that this role should be dealt with as a matter of legislation and that the approach being proposed is the correct one.  I support the suggestion that the post should be established in law and be, insofar as is feasible, independent of the National Assembly for Wales.  I agree that the appointment should be made in line with arrangements currently in place for the Auditor General for Wales and the Public Services Ombudsman for Wales, with the appointment being made by Her Majesty the Queen upon the recommendation of the National Assembly for Wales.

Question 4

I have given detailed consideration to this matter and taken the views of the British and Irish Ombudsman Association into account.  I have concluded that in order to achieve the desired levels of objectivity and independence, the appointment should be for a term of five years or more.  

Question 5

I agree that this activity should be funded from the Welsh Consolidated Fund.  The experience of the Public Services Ombudsman for Wales to date suggests that this arrangement works well.

Question 6

The office of the Public Services Ombudsman for Wales has in place a suitable infrastructure and skilled and experienced staff who would be well placed to undertake this role.

Question 7

There should be provision within this role to promote a framework for high standards in public life.    

Question 8

There should be provision in relation to this role for issuing general advice on standards of conduct and the powers to issue statutory guidance. The Commissioner would have an overarching perspective on standards of conduct by Assembly Members that would make her/him well placed to undertake this function.

Question 9

Advice to Assembly Members on individual standard of conduct matters should form a part of the duties of the Assembly Commission.  This would fit in with the Commission’s aims of protecting the reputation of the Assembly and supporting Assembly Members in their work as elected representatives.  It would also avoid conflict within the role of the Commissioner.

Question 10

There should be independent discretion to decide whether or not a complaint merits investigation and to initiate an investigation.  From the experience of the office of the Public Services Ombudsman for Wales, some complaints are insufficiently serious to warrant an investigation and to do so would not be an appropriate use of public money.

Question 11

There should be powers to summon persons, and require papers and records to be provided.  This would reflect the powers of the Ombudsman which have proven an indispensable aspect of the role.  Without such powers, it would be difficult if not impossible to properly investigate allegations.

Question 12

Yes, for the sake of transparency and public accountability, findings and conclusions should be made public as indeed should full investigation reports.

Question 13

The role should be accountable to the National Assembly as far as the use of public funds is concerned.  For administrative and practical purposes, however, I am of the view that investigation reports should be submitted directly to the Standards of Conduct Committee.

Question 14

These arrangements should apply in same way for Ministers when they are acting in their capacity as Assembly Members; however, there are other mechanisms already in place with regard to Ministers’ conduct in respect of their executive/administrative functions.

Question 15

The investigation of allegations of breaches of standards will require an infrastructure including skilled investigative staff and appropriate case management systems.  Such resources already exist at the Public Services Ombudsman for Wales, and although a level of enhancement might be needed to deal with increased volumes, it would avoid the expense of a new free-standing administration, especially given the likely episodic nature of the workload.  It would also enhance the actual and perceived independence of the role.  

Public Services Ombudsman for Wales
30 June 2008