Parliamentary Commissioner Act 1967
Encyclopedia
The Parliamentary Commissioner Act 1967 is an Act
of the Parliament of the United Kingdom
.
It established the office of the Parliamentary Commissioner for Administration (Parliamentary Ombudsman). The Ombudsman is responsible for investigating the administrative actions of central government departments and public authorities. The office is independent of the Government and the civil service.
The Ombudsman may investigate if a written complaint has been made to a Member of Parliament
, the member of public claims to have sustained injustice in consequence of maladministration in connection with administrative action and the complaint has been referred to the Ombudsman with the consent of the complainant.
' is not defined in the Act. During the debate over the Bill, the Leader of the House of Commons
Richard Crossman
made it clear that it did not extend to policy, which was a matter for Parliament or discretionary decisions. He speculated on what might constitute maladministration in what became called the 'Crossman catalogue':
A positive definition of maladministration is far more difficult to achieve. We might have made an attempt in this Clause to define, by catalogue, all of the qualities which make up maladministration, which might count for maladministration by a civil servant. It would be a wonderful exercise - bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrariness and so on. It would be a long and interesting list.
The list is an open-ended one. Crossman also explained that the meaning of 'maladministration' should be filled out by the experience of case work.
In his 1993 Annual Report as Ombudsman, Sir William Reid
sought to expand upon the Crossman catalogue to emphasise that 'maladministration' should not be interpreted restrictively. Reid specifically added an unwillingness to treat the complainant as a person with rights; refusal to answer reasonable questions; knowingly giving advice which is misleading or inadequate; offering no redress or manifestly disproportionate redress; and partiality to the possible examples of maladministration.
The Ombudsman can forego this requirement if satisfied that it was not reasonable to expect the person aggrieved to have resort to a legal remedy.
Under s7(2), investigations must be conducted in private. Apart from provisions in the Act, the Ombudsman may also adopt the procedures he considers fit for the investigation and obtain information from such persons in such manner and make inquiries as he sees fit.
in respect of the attendance and examination of witnesses and in respect of the production of documents.
However, there is no obligation to maintain secrecy applied to the disclosure of information for the purposes of an investigation; and the Crown is not entitled in relation to any such investigation to priveleges in respect of the production of documents or the giving of evidence as is allowed in legal proceedings.
Under s9, the Ombudsman may certify an offence of contempt of court
to the High Court, which can proceed as if the offence had been committed in relation to the High Court.
Section 10(4) allows the Ombudsman to lay before Parliament other reports as to his functions from time to time.
Annual reports are required to be laid before Parliament.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
It established the office of the Parliamentary Commissioner for Administration (Parliamentary Ombudsman). The Ombudsman is responsible for investigating the administrative actions of central government departments and public authorities. The office is independent of the Government and the civil service.
Section 5
Under s5(1) the Ombudsman may, on a reference being made to him, investigate actions (including a failure to act) taken on or behalf of a specified public authority which are in the exercise of administrative functions.The Ombudsman may investigate if a written complaint has been made to a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
, the member of public claims to have sustained injustice in consequence of maladministration in connection with administrative action and the complaint has been referred to the Ombudsman with the consent of the complainant.
Maladministration
The term 'maladministrationMaladministration
Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice.The law in the United Kingdom says Ombudsman must investigate ‘maladministration’...
' is not defined in the Act. During the debate over the Bill, the Leader of the House of Commons
Leader of the House of Commons
The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons...
Richard Crossman
Richard Crossman
Richard Howard Stafford Crossman OBE was a British author and Labour Party politician who was a Cabinet Minister under Harold Wilson, and was the editor of the New Statesman. A prominent socialist intellectual, he became one of the Labour Party's leading Zionists and anti-communists...
made it clear that it did not extend to policy, which was a matter for Parliament or discretionary decisions. He speculated on what might constitute maladministration in what became called the 'Crossman catalogue':
A positive definition of maladministration is far more difficult to achieve. We might have made an attempt in this Clause to define, by catalogue, all of the qualities which make up maladministration, which might count for maladministration by a civil servant. It would be a wonderful exercise - bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrariness and so on. It would be a long and interesting list.
The list is an open-ended one. Crossman also explained that the meaning of 'maladministration' should be filled out by the experience of case work.
In his 1993 Annual Report as Ombudsman, Sir William Reid
William Reid (civil servant)
Sir William Kennedy Reid KCB is a retired civil servant who was Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales between 1990 and 1996....
sought to expand upon the Crossman catalogue to emphasise that 'maladministration' should not be interpreted restrictively. Reid specifically added an unwillingness to treat the complainant as a person with rights; refusal to answer reasonable questions; knowingly giving advice which is misleading or inadequate; offering no redress or manifestly disproportionate redress; and partiality to the possible examples of maladministration.
Injustice
Like 'maladministration', 'injustice' was left undefined in the Act. Crossman did not want to give the word a legalistic overtone that could exclude the sense of outrage aroused by unfair or incompetent administration, even where the complainant has suffered no actual loss.Jurisdiction
Under s5(2) the Ombudsman must not investigate where the person aggrieved has or has had a right of appeal, reference or review to a tribunal or a remedy by way of legal proceedings.The Ombudsman can forego this requirement if satisfied that it was not reasonable to expect the person aggrieved to have resort to a legal remedy.
Discretion
Under s5(5) the Ombudsman has discretion to determine whether to initiate or discontinue an investigation and any question of whether a complaint is duly made under the Act.Section 6
The complainant must make the complaint himself unless he has died or is unable to act himself under s6(2). Local authorities and certain public authorities cannot make a complaint under s6(1).Time bar
Under s6(3), a complaint must be made to a Member of Parliament not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint. The Ombudsman has the discretion to investigate complaints outside the time limit if he considers that there are special circumstances which make it proper to do so.Section 7
The Ombudsman must afford the principal officer of the department or authority concerned and any other person alleged to have taken action complained of an opportunity to comment on the allegations under s7(1).Under s7(2), investigations must be conducted in private. Apart from provisions in the Act, the Ombudsman may also adopt the procedures he considers fit for the investigation and obtain information from such persons in such manner and make inquiries as he sees fit.
Sections 8 and 9
Under s8, the Ombudsman may require any Minister or member of the department or authority concerned to furnish or produce any such document. It is made clear that the Ombudsman possesses the same powers as the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in respect of the attendance and examination of witnesses and in respect of the production of documents.
However, there is no obligation to maintain secrecy applied to the disclosure of information for the purposes of an investigation; and the Crown is not entitled in relation to any such investigation to priveleges in respect of the production of documents or the giving of evidence as is allowed in legal proceedings.
Under s9, the Ombudsman may certify an offence of contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
to the High Court, which can proceed as if the offence had been committed in relation to the High Court.
Section 10
Under s10(1), the Ombudsman must give reasons for not investigating. Under s10(2), where an investigation is conducted, the Ombudsman must send a report to the Member of Parliament, the principal officer of the department or authority and any other person alleged to have taken or authorised the action complained of.Special reports
Section 10(3) allows the Ombudsman, if he thinks fit, to lay a special report before Parliament if injustice has been caused to the person aggrieved in consequence of maladministration and the injustice has not been, or will not be, remedied.Section 10(4) allows the Ombudsman to lay before Parliament other reports as to his functions from time to time.
Annual reports are required to be laid before Parliament.