DSE 1/13

Chcular 55/67

Diplomatic Service Administration Office,

London, S. W. 1.

3 May, 1967

PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION

The Parliamentary Commissioner Act 1967 came into force on 1 April, 1967. From that time the Parliamentary Commissioner for Administration (PCA) is empowered to investigate complaints of maladministration referred to him by Members of the House of Commons. I attach a copy of some notes prepared in the Commissioner's office explaining the way in which the PCA conducts his business.

2. As you will see from paragraph 2 of List B in the enclosure, actions taken by members of the Service abroad representing or acting under the authority of HM Government in the United Kingdom are excluded by the Act from investigation by the PCA. Any complaint about the instructions from home on which officers abroad act will therefore have to be referred to the Foreign Office, Commonwealth Office or Diplomatic Service Administration Office and dealt with here. We shall of course consult posts as necessary about cases concerning them. Actions taken at home by members of the Service are not excluded from investigation, and appropriate procedures have been arranged, similar to those for the Home Civil Service as a whole. We are in touch with the Staff Side. In the case of an officer who takes action at home which forms the subject of a complaint under the Act, and who has moved overseas before the Commissioner has started his investigations, the PCA will take the matter up with the Department in the first instance.

3.. The PCA may receive correspondence from persons abroad. If such correspondence is sent direct and not through a Member of Parliament the PCA will reply to it in the normal way, either by arranging for a reply to be sent by the Embassy, High Commission, etc. on lines indicated by the PCA's office (I have already sent a few posts some correspondence for disposal in this manner), or by the transmission of a letter signed by the PCA's office but sent to the Embassy, High Commission, etc. unsealed for delivery. Where, however, complaints by persons overseas are duly referred to the PCA by an MP and communication with the complainant is required, the PCA will normally corres- pond direct through the normal postal channel. If in any particular case security of delivery or other reason demands it, we have agreed that the PCA may send a letter sealed through the bag for onward transmission. Posts may record in their files the receipt and onward transmission of such letters, but the PCA attaches importance to the principle that they should not be sent on with a covering letter from the Embassy, High Commission, etc. nor should any stamp be impressed upon them signifying that they have come through the Embassy, High Commission, etc. Normally such letters will be sent first to the DSAO and will be sent on under separate cover to the Embassy, High Commission, etc. with a note asking for them to be delivered by suitable means in the country concerned. This provision forms an exception to Diplomatic Service Procedure Volume 9, Chapter II, 13(d)(iv).

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