TNAG-0008-FCO40-44-Proposal-to-appoint-Ombudsman-1967 — Page 27

Ministry of Pensions and National Insurance Ministry of Power

Ministry of Public Building and Works

Public Record Office

Public Trustee

Department of Registers of Scotland

Registry of Friendly Societies

Royal Mint

Scottish Office :

Department of Agriculture and Fisheries for Scotland

Scottish Development Department

Scottish Education Department

Scottish Home and Health Department

Scottish Record Office

H.M. Stationery Office

Ministry of Technology Board of Trade

Ministry of Transport

Treasury

Treasury Solicitor's Department

Office of the Minister without Portfolio

Welsh Office.

It has been agreed that the Crown Estate Office shall be included too. So also will the Post Office as regards its functions relating to national savings and to the control of broadcasting and wireless telegraphy or as the agent of any body which is itself subject to the Commissioner. The list will need to be amended from time to time as the structure of the government machinery itself is changed, and we shall seek power to do this by subordinate instrument.

Exclusions

8. The exclusions which we propose to make from the Commissioner's field of investigation are those where there are dominant considerations of national or public interest-namely, the exercise of powers to preserve the safety of the State; matters which Ministers certify as affecting relations with other countries; matters relating to the administration of colonial territories; and the exercise of powers in relation to investigating crime or determining whether a matter shall go to the courts. The Commissioner will not normally pursue matters which are within the competence of the courts; he will have discretion to act if he thinks that the remedy open in the courts is not one which the complainant could reasonably be expected to use, but this will not affect anyone's right of access to the courts. He will not pursue issues already covered by tribunals or other quasi-judicial bodies, or by the Council on Tribunals and its Scottish Committee-of both of which he himself will be an ex officio member. Nor will he look into the exercise of the Prerogative of Mercy or into the exercise of the personal authority of the Sovereign in conferring honours and privileges, or into appointments by the Crown or by Ministers. He will be excluded from investigating actions of Departments in personnel matters, including orders and discipline in the Armed Forces. Finally, purely com- mercial relationships of Departments with customers or suppliers will not come within his purview.

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