10
WEDNESDAY, JULY 20, 1988
'OMBUDSMAN' BILL DEFICIENT IN BASIC APPROACH
THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988 IS DEFICIENT IN ITS BASIC APPROACH AND WILL NOT EFFECTIVELY ACHIEVE THE AIMS WHICH IT HAS SET OUT TO PRODUCE.
SPEAKING AGAINST THE BILL DURING THE RESUMED DEBATE ON IT IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), DR THE HON HELMUT SOHMEN SAID THAT IN PASSING THE BILL IN ITS PRESENT FORM, COUNCILLORS FACED THE RISK OF BEING JUDGED TO HAVE BEEN NEITHER WISE NOR PRACTICAL.
"WE SHOULD NOT MAKE LAWS THAT ARE SIMPLY PALLIATIVES, BAND-AIDS, OR FIG LEAVES. WE SHOULD ALSO NOT MAKE LAWS THAT ARE BASED ON MUDDLED POLICIES, UNCERTAIN AMBITIONS, OR ILL-FITTING MODELS BORROWED FROM OTHER PLACES", DR SOHMEN SAID.
"IF WE PROMISE A RELIEF VALUE BUT IT DOES NOT WORK, DISSATISFACTION WILL BE GREATER THAN IF WE HAD NOT DONE ANYTHING AT ALL, HE ADDED.
DR SOHMEN GAVE FOUR REASONS FOR OBJECTING TO THE BILL.
FIRST, HE DESCRIBED THE REQUIREMENT FOR COMPLAINTS ΤΟ THE COMMISSIONER TO BE FILTERED THROUGH OMELCO MEMBERS AS "UNNECESSARY" AND "UNDULY COMPLICATING".
"TO USE SUCH A REFERRAL PROCEDURE DOES DAMAGE THE IMAGE OF THE COMMISSIONER IN THE PUBLIC MIND WHICH EXPECTS EASY ACCESSIBILITY, INDEPENDENCE FROM OTHER GOVERNMENTAL ORGANS TO ENSURE NEUTRALITY AND SPEEDY PROCESSING OF COMPLAINTS," HE SAID.
SECONDLY, DR SOHMEN BELIEVED THAT THE SETTING UP OF THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS OFFICE IN ADDITION TO THE EXISTING CHANNELS OF COMPLAINTS WOULD GIVE RISE ΤΟ DUPLICATION, IF NOT TRIPLICATION, OF WORK.
HIS ORIGINAL SUGGESTION IN THE DEBATE ON THE 'CONSULTATIVE DOCUMENT: REDRESS OF GRIEVANCES" ON APRIL 8 LAST YEAR WAS THAT THE COMMISSIONER'S OFFICE SHOULD REPLACE, NOT BE ESTABLISHED IN ADDITION TO, THE EXISTING STRUCTURES.
HE QUESTIONED THE NEED FOR AN "OMBUDSMAN" IF THE EXISTING CHANNELS AND SYSTEM WERE WELL-DEVELOPED AND COMPREHENSIVE.
"ON THE OTHER HAND, IF THERE ARE GENUINE DOUBTS ABOUT THE EFFICACY OF EXISTING PROCEDURES, WHY NOT ABOLISH THE PRESENT STRUCTURES AND REPLACE THEM WITH SOMETHING BETTER?
"WHY GO FOR A MISH-MASH OF INSTITUTIONS THAT MAY END UP COMPETING WITH EACH OTHER, WILL DEFINITELY COST THE TAXPAYERS MORE AND MAY ULTIMATELY NOT ACHIEVE MORE SATISFACTORY RESULTS?" HE ASKED.
/THIRDLY, DR