TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 242

PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION

The Parliamentary Commissioner Act, 1967, comes into operation on 1st April, 1967. The following notes have been prepared for the purpose of answering enquiries about the functions and scope of the

rliamentary Commissioner for Administration (P.C.A.) and the way in which his Office will operate.

Functions and Scope

The function of the P.C.A. is to investigate complaints referred to him by Members of the House of Commons from members of the public who claim to have sustained injustice in consecuence of maladministration in connection with actions taken by or on behalf of Government Departments. Actions taken by other public bodies (such as local authorities and nationalised industries) are outside the P.C.A's scope. but certain types of action by Departments are excluded. Examples of important exclusions are: Police: Government contracts: Hospitals: personnel questions in the Armed Forces and the Civil Service.

Nearly all Government Departments are included:

The full lists are attached of (A) the Government Departments included, and (B) the types of action excluded, as set out respectively in Schedule 2 and Schedule 3 of the Act.

Normally the P.C.A. will not investigate a case where the person aggrieved has or had a remedy by way of appeal to a tribunal or by way of proceedings in a court of law. He has discretion,

however, to act in an exceptional case where he is satisfied that there are special circumstances which have prevented the person aggrieved from seeking such a remedy.

Parliament has given the P.C.A. full powers of investigation into matters that are within his scope. He may obtain information

from such persons and make such ennuiries as he thinks fit. He has full access to Government Departments. Section 8(1) of the Act gives him power to "require any Minister, officer or member of a Department or any other person who in his opinion can furnish relevant information or documents to furnish any such information or produce

any, such document".

The end product of the P.C.A's case work is to report the

results of an investigation to the Member by whom the request for investigation was made, The P.C.A. will also make an annual report, and if he thinks fit interim reports, to Parliament on the

performance of his functions, and he may make special reports to Parliament upon cases of maladministration where it appears to him

that the injustice has not been or will not be remedied.

For purposes of the law of defamation, anything the P.C.A. says in his reports to Parliament or to individual Members 18 absolutely privileged.

1.