TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 99

OMBUDSMAN REPORT

19

Opinion on Jurisdiction

If the Ombudsman's jurisdiction is questioned by anybody he should have the power to refer the matter to the Supreme Court for a declaration.

Exclusions

The only exclusions that we recommend for persons subject to the general jurisdiction of the Ombudsman should be the Governor, judges, and the Commander of British Forces.

Powers of an Ombudsman

We recommend that the Ombudsman be given powers as follows: (1) Where, upon investigation, the Ombudsman adjudges that a grievance exists or may exist, because a Government Department or Official:

(a) has unreasonably, unjustly, oppressively, or in a discriminatory manner, or pursuant to a rule of law, enactment, or practice that so results; or

(b) under mistake of law or of fact, in whole or in part; or (c) wrongly; or

(d) contrary to law; or

(e) by using a discretionary power for an improper purpose,

or on irrelevant grounds, or by taking irrelevant considera- tions into account, or by failing to give reasons for use of a discretionary power when reasons should have been given; and

if the Ombudsman is of the opinion that:-

(a) the grievance should be referred to the authority or officer

concerned for further consideration; or

(b) an omission should be rectified; or

(c) a decision should be cancelled or rectified; or

(d) a practice by reason of which the grievance arose or may

arise should be altered; or