XN000022-1987-04-08 — Page 19

WEDNESDAY, APRIL 8, 1987

17

+THE RESPONSE, COMBINED WITH THE VIEWS EXPRESSED IN TODAY'S ADJOURNMENT DEBATE, INDICATED THAT THERE IS SCOPE FOR FURTHER DEVELOPMENT AND IMPROVEMENT, HE SAID.

+HOWEVER, AS MEMBERS HAVE POINTED OUT, THERE ARE A NUMBER OF ISSUES, WHICH NEED TO BE RESOLVED BEFORE A DECISION TO ESTABLISH A COMMISSIONER FOR ADMINISTRATION CAN BE TAKEN,+ HE ADDED.

MR FORD SAID ONE SUCH CONCERN WAS THE RELATION OF THE COMMISSIONER FOR ADMINISTRATION WITH THE LEGISLATIVE COUNCIL AND WITH THE GOVERNOR,

+ IT WAS SUGGESTED IN THE CONSULTATIVE DOCUMENT THAT THE COMMISSIONER FOR ADMINISTRATION SHOULD BE APPOINTED BY, AND REPORT TO, THE GOVERNOR. THIS POSITION HAS BEEN SUPPORTED BY SOME, WHEREAS OTHERS HAVE ARGUED THAT HE SHOULD BE APPOINTED BY, AND REPORT TO, THIS COUNCIL, HE SAID.

THE CHIEF SECRETARY WENT ON TO SAY THAT A COMMISSIONER APPOINTED BY THE COUNCIL COULD BE SEEN AS A LOGICAL EXTENSION OF THE EXISTING COMPLAINT SYSTEM OPERATED BY OMELCO, AND WAS CONSISTENT WITH LEGCO'S ROLE AS THE MONITOR OF THE WORK OF THE ADMINISTRATION.

+ON THE OTHER HAND, IT COULD BE ARGUED THAT SUCH AN ARRANGEMENT WOULD ALTER MATERIALLY THE ROLE OF MEMBERS OF THIS COUNCIL AND ITS RELATIONSHIP WITH THE ADMINISTRATION. THIS MATTER CLEARLY NEEDS TO BE GIVEN VERY CAREFUL CONSIDERATION, HE CONTINUED.

THERE HAD ALSO BEEN COMMENTS THAT THE COMMISSIONER SHOULD HAVE WIDER POWERS THAN THOSE SUGGESTED IN THE CONSULTATIVE DOCUMENT.

ON THIS POINT, MR FORD SAID IT WOULD OBVIOUSLY BE NECESSARY FOR THE COMMISSIONER, IF ONE WAS TO BE ESTABLISHED, TO HAVE SUFFICIENT POWERS TO DISCHARGE HIS FUNCTIONS EFFECTIVELY.

+ BUT THERE ALSO HAVE TO BE LIMITS SO THAT FOR INSTANCE, THE INDEPENDENCE OF THE JUDICIAL AUTHORITIES IS NOT INTERFERED WITH,+ HE NOTED.

MR FORD SAID THAT IT WOULD NOT BE APPROPRIATE OR REALISTIC TO EXPECT A COMMISSIONER FOR ADMINISTRATION TO HEAD AN ALL POWERFUL INSTITUTION ABLE TO RESOLVE EVERY KIND OF PROBLEM AND REVIEW ALL DECISIONS INCLUDING THOSE OF A POLICY OR JUDICIAL NATURE.

HE ALSO POINTED OUT THAT DIFFERENT VIEWS HAD BEEN EXPRESSED CONCERNING WHETHER THE PUBLIC SHOULD HAVE DIRECT ACCESS TO THE COMMISSIONER OR WHETHER ACCESS SHOULD BE THROUGH MEMBERS OF OMELCO, AND THERE WERE CONCERNS EXPRESSED IN LEGCO TODAY TO ENSURE THAT THERE SHOULD BE NO OVERLAPPING OF FUNCTIONS BETWEEN THE COMMISSIONER AND OTHER CHANNELS FOR THE REDRESS OF GRIEVANCES.

MR FORD REITERATED THAT THERE WERE COMPLEX AREAS TO WHICH MUCH THOUGHT MUST BE GIVEN AND THE ADMINISTRATION WOULD CONTINUE TO STUDY THE MATTER AND BRING FORWARD DEFINITE PROPOSALS FOR FURTHER DISCUSSIONS.

18