TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 232

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of evidence might prejudice security, defence, international relations,

the investigation of crime or might disclose the proceedings of Executive

Council. If he does so certify, the Commissioner shall not be given

evidence on these matters. Apart from this, the usual rule of law which

allows privilege to be claimed for evidence or documents will not apply

to any investigation.

By

!

Clause 20 subjects the Commissioner and his staff to the Official

Secrets Acts, save in so far as the Commissioner may decide that disclosure

in a report is necessary to show the reasons for his conclusions.

Clause 21, the Commissioner may, after investigation, act under section 22,

if he considers that the decision complained of was wrong, contrary to law,

unreasonable, unjust or mistaken in law as fact, or that a discretionary

power was improperly exercised. Under clause 21, he may also refer any

apparent breach of duty or misconduct to the Colonial Secretary.

Under clause 22 the Commissioner reports his opinion to the

Governor, with his recommendations, if he considers that the decision should

be further considered, rectified, cancelled or varied, that any law or

practice should be altered or reconsidered or that reasons should have been

given or some other steps taken. A copy of the report is sent to the

appropriate head of department. The Colonial Secretary must, within a

reasonable time, report to the Legislative Council on what action has been

taken on the report. By clause 23, the complainant must be told of the

result of any investigation and of the Commissioner's recommendations.

Governor and the head of department concerned are also to be informed,

unless they have already been told, by virtue of a roport submitted under

clause 22.

The

Part VI deals with supplementary matters. Clause 24 prevents

proceedings before the Commissioner being challenged in a court, save on

the ground of want of jurisdiction. Clause 25 protects the Commissioner

and his staff against proceedings for anything done in the course of their

duties. By clause 26, reports by the Commissioner are absolutely

privileged for the purposes of defamation actions. Clause 27 makes it

clear that an investigation does not relievo a department of its normal