POLITICAL
VOLUME 4 PART 1
RESTRICTED
9.79.11
9.7
9.8
9.9
9.10
9.11
9.11.1
9.11.2
PETITIONS SENT DIRECT TO THE PRIME MINISTER
If the Prime Minister's Private Secretary indicates that a reply is to be sent from the Prime Minister, a submission should be made in the manner laid down in Admin DSP Volume 5 Part 2 either providing an immediate reply, or proposing that the Prime Minister should inform the petitioner that his petition has been sent for advice to the OAG of the DT. The subsequent procedure is as in para 9.4. If no such requirement is indicated by the Prime Minister's Private Secretary, the petition should be treated as if it had been sent direct to the Secretary of State (see para 9.8).
PETITIONS SENT DIRECT TO THE SECRETARY OF STATE
The procedure is governed by Colonial Regulations 169 and 170. Such a petition should be sent to the OAG with a request that the petitioner be informed of the correct method of transmitting his petition. It may be appropriate also to ask the OAG for a report. A reply should not be sent direct to the petitioner. When the OAG has reported, the petition should be dealt with as in para 9.4.
PETITIONS FROM LUNATICS
When the OAG reports that a petitioner is insane, no further action is necessary. The OAG should be informed that no action will be taken and that no reply need be given to the petitioner.
PETITIONS TO THE UNITED NATIONS
Such petitions are not governed in any way by the procedures laid down for dealing with petitions from persons in a DT. They are petitions referred by the Secretary-General of the United Nations to the British Government who decide whether or not any action should be taken on such a petition. Any reply is sent to the Secretary-General of the United Nations and not direct to the petitioner. There must be close consultation between the DT geographical department involved and UN Department on the handling of such petitions. The DTS Section of West Indian and Atlantic Department and the DTS Adviser, who sits in West Indian and Atlantic Department, should be kept informed.
PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION
The Parliamentary Commissioner for Administration (PCA) may not investigate action taken in connection with the administration of the Government of any country or territory outside the United Kingdom which forms part of Her Majesty's dominions. Thus it is probable that the occasions on which a resident of a DT might have a complaint which the PCA could properly investigate will be extremely rare. However, a situation might arise where a resident of a DT could allege that he had suffered an injustice while in the United Kingdom or at the hand of a UK official.
The PCA is empowered to investigate complaints of maladministration only if they are referred to him by a member of the House of Commons. If such correspondence is sent direct and not through a Member of Commons, the PCA replies to it by arranging for a reply to be sent through the OAG. Where the complaint is duly referred to the PCA by a member of the House of Commons and communication with the complainant is necessary, the PCA will normally correspond through the normal postal channels. If security of delivery demands it, the PCA may send a letter sealed through the bag for onward transmission.
MARCH 1990
9.5
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