TNAG-0008-FCO40-44-Proposal-to-appoint-Ombudsman-1967 — Page 25

THE PARLIAMENTARY COMMISSIONER

FOR ADMINISTRATION

1. The Government have decided to introduce legislation for the appoint- ment of a Parliamentary Commissioner for Administration. This White Paper explains the reasons for this decision and the role which they envisage for the Commissioner.

2. The interests of the citizen who is affected by a decision of central Government are already safeguarded in a number of ways. He may have an opportunity of putting his case at an inquiry held before administrative action is taken. He may have a right of appeal to a tribunal against a decision. He may have a remedy before the courts.

3. But these arrangements cannot cover every instance where a private person feels that he is suffering injustice as a result of faulty administration on the part of a Government Department.

The Citizen and Parliament

4. We have examined the arrangements made for the scrutiny of such individual grievances in Sweden, Finland, Denmark, Norway and New Zealand. The broad objective in each country has been the same, but in each case the detailed arrangements have been made to suit the particular circumstances of the particular country. In Britain, Parliament is the place for ventilating the grievances of the citizen-by history, tradition and past and present practice. It is one of the functions of the elected Member of Parliament to try to secure that his constituents do not suffer injustice at the hand of the Government. The procedures of Parliamentary Questions, Adjournment Debates and Debates on Supply have developed for this purpose under the British pattern of Parlia- mentary government; and Members are continually taking up constituents' complaints in correspondence with Ministers, and bringing citizens' grievances, great or small, to Parliament, where Ministers individually and Her Majesty's Government collectively are accountable. We do not want to create any new institution which would erode the functions of Members of Parliament in this respect, nor to replace remedies which the British Constitution already provides. Our proposal is to develop those remedies still further. We shall give Members of Parliament a better instrument which they can use to protect the citizen, namely, the services of a Parliamentary Commissioner for Administration.

5. Under our proposals, the Parliamentary Commissioner will be an independent officer, whose status and powers will be conferred by statute. He will be appointed by the Crown; his salary and pension will be a charge on the Consolidated Fund; and he will be secure from dismissal, except by parlia- mentary motion. He will report to Parliament each year, and otherwise as occasion requires.

Functions of the Parliamentary Commissioner

6. The Commissioner will act only at the instance of a Member of the House of Commons, as the elected representative body in Parliament, and on a com- plaint of personal injustice suffered by the complainant. It will be for the Member to decide whether the complaint appears to be one appropriate for reference to the Commission. A complainant will not be restricted to approach- ing the Member for his own constituency; Members will doubtless establish

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