§ Mr. WillisI beg to move amendment No. 45, in page 25, line 41, at end insert—
§ '(aa) make reasonable effort to ensure that the complainant is informed that his complaint is being considered,'.
Mr. Deputy SpeakerWith this, it will be convenient to discuss the following amendments: No. 46, in page 25, line 42, at end insert
'and—(c) make reasonable effort to ensure that the complainant is kept informed of developments in the consideration of his complaint, including any resolution or action resulting therefrom'.Government amendments Nos. 26, 27 and 58.
§ Mr. WillisAmendments Nos. 45 and 46 are very plain. One of the great frustrations in taking a complaint to the ombudsman—even in England, whether it be the parliamentary ombudsman, one in local government or another—is keeping abreast of what is happening. The amendments are intended to put in the Bill, or otherwise establish, the principles that a complaint should be constantly monitored, and that the complainant should receive feedback. If the ombudsman takes any action, it should be reported to the complainant.
§ Mr. WorthingtonI think that I can satisfy the hon. Gentleman that there is no difference between us, although I do not believe that what he wants should be written into the Bill. The amendments contain definitional problems, such as the meaning of development, but the hon. Gentleman's point that the complainant should be kept informed ought to be taken care of in the regulations and guidance that will accompany the Bill.
Amendments Nos. 26, 27 and 58 all affect clause 64. I shall try to make the hon. Member for Newry and Armagh (Mr. Mallon) happy again by saying that the amendments follow the provisions of the Police (Northern Ireland) Order 1987 on informing complainants who request a record. We believe that a person should automatically receive a record of the outcome of his case. The hon. Gentleman will recall that, in Committee, I agreed to introduce an amendment on Report, and he withdrew his amendment. The amendment that we have tabled meets the point that was made in Committee, and I recommend it to the House.
Amendment No. 27 makes an enabling provision in clause 64 for regulations authorising or requiring the ombudsman to provide "the appropriate disciplinary authority" with information relevant to the exercise of any power of suspension.
In Committee, the hon. Member for Newry and Armagh tabled an amendment that brought to our attention the fact that, with the ombudsman controlling the case, the Chief Constable would not automatically know what was happening and that the suspension of an officer during that case might not occur. Again, we agreed that an amendment along those lines made sense and undertook to introduce one on Report.
923 At present, during investigations by the RUC into complaints against the police, the evidence is constantly reviewed and the Chief Constable can order suspension if he sees fit. The amendment enables the ombudsman to provide the information to the Chief Constable or Police Authority so that they can consider whether suspension is appropriate. I commend the amendment to the House.
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Finally, I shall deal with amendment No. 58. We said that we wanted to consider powers for the ombudsman to make recommendations to the Chief Constable for the payment of ex gratia sums. Dr. Hayes expected that the sums would be modest.
In Committee, the hon. Member for Newry and Armagh tabled a new clause to require the ombudsman to consider compensation and to direct a payment where "circumstances warrant it". That proposal went further than Dr Hayes's recommendations, but I said in Committee that we were sympathetic to the introduction of a wider compensation provision for substantiated cases, if there could be a simple procedure. Having considered the matter, we have concluded that the balance of argument is in favour of what the hon. Gentleman suggested. That is why we have tabled amendment No. 58. It provides a power—I want to be absolutely clear about this—allowing the Government to make regulations that would enable the ombudsman to make recommendations to the Chief Constable to pay a modest level of compensation.
The hon. Gentleman may well ask what is meant by a modest level of compensation. We have in our mind up to about £3,000—the level in the small claims court in England and Wales—to a complainant, where a complaint has been substantiated. Of course, that does not take away the right of a complainant to go to the civil court. If the complainant went to the civil court, we would expect the amount that had been paid to be taken into account.
I wish to make it clear to the hon. Member for Newry and Armagh that we are making the amendment because we can see the sense of tackling the issue of compensation now so that we do not have to introduce further primary legislation. We intend that the regulations will be implemented only after careful consideration. We shall consider the experience of the early days of the ombudsman's office and consult the ombudsman who is in position before we introduce any scheme, to ensure that he or she is content with it, and we shall also consult the police and the Police Authority on the detail.
§ Mr. MaginnisWill the Minister clarify the point that he made about an amount of £3,000? I take it that he means an amount up to and including £3,000, and that it is not a stipulated amount.
§ Mr. WorthingtonI am grateful to the hon. Gentleman for raising that point and giving me the opportunity to clear away any doubt. I knew that, if I referred to a compensation amount, people would want to know how much, and I have tried to provide that information. What is in our mind is an amount of up to £3,000. It could not be a fixed tariff. We are simply taking powers. The provision was not in the Bill and we shall need to consult 924 the police, the Police Authority and any other bodies about how it was introduced. We need to have the experience of the ombudsman. I hope that the hon. Member for Newry and Armagh realises that we have taken serious account of the points that he has raised. I hope that the amendments tabled by the Government will be accepted.
§ Mr. MallonI assure the Minister that I welcome the Government amendments. I am pleased with them. They have gone a long way to meet the aims of the three proposals that I made in Committee. I shall not detain the House further. I welcome the Government amendments. They are an advance on the situation.
§ Mr. WillisI am grateful to the Minister for his response to amendments Nos. 45 and 46. I beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.