Agenda item

To receive a report from the Deputy Monitoring Officer (copy enclosed) which provided a copy of the draft PSOW Bill and sought comments from the Committee in order for a response to be compiled.

   

A copy of a report by the Deputy Monitoring Officer (DMO), which provided a copy of the draft Public Services Ombudsman Wales Bill, and sought comments from the Committee in order for a response to be compiled, had been circulated previously.

 

It was explained that the report would enable Members to consider the proposals and contribute to the formal consultation process. 

 

At a recent Standards Committee meeting a business item had been presented on the Annual PSOW Report 2014/15, when reference had been drawn to the potential for extension of powers to the Ombudsman in Wales. 

 

The reminder presented by the new PSOW had been incorporated in the report, with the Bill having been included as Appendix 1 and consultation letter as Appendix 2.  The Welsh Local Government Association contribution earlier in the process had been attached as Appendix 3.

 

On the 21st October 2015, the Finance Committee of the National Assembly for Wales (NAW) had published a consultation seeking views of individuals and organisations on the proposals in the draft Public Services Ombudsman (Wales) Bill, intended to strengthen the powers of the PSOW.  Following on from recommendations provided in a report in May, 2015, the Finance Committee's proposals in the draft Bill include giving the PSOW powers to:

 

·                     Initiate his own investigations and accept oral complaints.

·                     Handle complaints across public services.

·                     Extend the Ombudsman's jurisdiction to include private healthcare providers (in certain circumstances).

The MO confirmed that the consultation would close on the 18^th January, 2016.

The effect of the proposals on Standards Committees could result in there being even greater reliance on MO’s and Standards Committees to enforce the Code of Conduct and less reliance on the PSOW Office given the lack of or insufficient express reference to the Members Code of Conduct and the PSOW role, in the Bill.   Members were invited to comment on Appendix 3, and the comments therein on the Members Code of Conduct. 

 

Members of the Committee made observations and expressed the following views with regard to the draft Public Services Ombudsman Wales Bill:-

 

-               The Chair referred to Agenda Page 28, Section 12 (1) “The Ombudsman may not investigate a matter under this Part if the person aggrieved, if any, has or had:- (c) a remedy by way of proceedings in a court of law”.  He highlighted the need for clarity and explained that in cases where there had been allegations of slander such matters could be dealt with by a subsequent action for defamation.  However, he made reference to other matters which could be raised which would not be directly covered by subsequent actions.

 

The MO explained that this was the draft Bill and outlined the PSOW powers in terms of the jurisdiction of the Standards Committee with regard to the Code of Conduct, as pertained in the Local Government Act 2000.  He informed Members that the current PSOW Act 2005, which the Public Services Ombudsman Wales Bill would replace, dealt with the jurisdiction in respect of complaints about service or maladministration, and provided a distinction between the two roles of the PSOW.  Members were informed that the report outlined the work of the PSOW, and highlighted the possible subsequent consequences of the Bill.  The MO referred to the findings of the enquiry, undertaken by the Finance Committee of the National Assembly, on the work of the PSOW.

 

The concerns raised by the WLGA in Appendix 3 to the report were outlined by the MO, particular reference being made to the possible consequences resulting from a lack of additional finance and resources, the effect on Code of Conduct issues and a possible retreat from the ethical agenda.  The MO also expressed concern in respect of any unintended consequences arising from the legislation.

 

The opinion was expressed by the Chair that an increase in powers, with a static budget and staff resources, could have a detrimental impact with decisions having to be made on which complaints to investigate and the need for prioritisation.  The Chair felt that under such restraints consideration might be afforded to increasing  powers to Standards Committees     

 

Chair referred to Page 46,  Section 44, (1) The persons entitled to make a complaint to the Ombudsman are:-  (a) a member of the public who claims or claimed to have sustained injustice or hardship”.  He felt that clarification was required with the provision of a definition in respect of “injustice and hardship”.  He made particular reference to the lack of precision and uncertainty pertaining to the persons entitled to complain.

 

Independent Member J. Hughes (JH) highlighted the following issues:-

 

-                     There should be, within the framework, a commitment to provide electronic or hard copy responses.

-                     Support was expressed for the PSOW having powers to recover costs incurred in investigating private health services, which would help to assist in following investigations through the entire process.

-                     Reference was made to Page 91, WLGA Evidence.  The importance of the process was highlighted and the need to ensure effective consultation and engagement.  It was stressed that the process should not be rushed to coincide with the Welsh Assembly Government Elections, which could result in unintended consequences.  It was felt that all alternative options should be examined in full, including any potential problematic areas.

-                     Concerns were raised with regard to the final paragraph on Page 96.  Reference was made to the possible changes in role of the PSOW and the subsequent effects arising from the merging of Authorities.  Members of the Committee supported the view that reform of the PSOW’s role, and subsequent weakening of the Code, could be a retrograde step at a time when so much controversial reform was proposed within Local Government.  The view was expressed that the proposed increased in the powers to the PSOW could have a detrimental effect on the public perception in respect of complaints against Councillors.

 

Independent Member A. Mellor felt that bolstering the role of the PSOW could provide confidence to complainants who might appreciate the involvement of an independent body, particularly with regard to complaints relating to the NHS.  However, she also acknowledged a possible detrimental effect on the Code of Conduct.  

 

In reply to a request from the Chair that consideration be afforded to the concerns raised by the Committee, the MO explained that the issues raised would be conveyed to the officer compiling the Council’s response, to enable the Committee’s views to be incorporate into the Council’s wider response.

 

Paula White Independent Member expressed her appreciation for the work undertaken by the Deputy Monitoring Officer.   

 

Following further discussion, it was:-

           

RESOLVED –that the Standards Committee agrees that the issues raised by Members be conveyed to the officer compiling the Council’s response, to enable the Committee’s views to be incorporate into the wider Council response.

    (GW to Action)