HC Deb 05 June 2000 vol 351 c127

Lords amendment: No. 589, in page 219, line 8, leave out sub-paragraph (4) and insert— ("(4) in a case where the investigator—

  1. (a) has reported that a complaint is well-founded, or
  2. (b) has criticised the Authority in his report,
the investigator may include in his report a recommendation to the Authority that it takes steps to remedy the matter complained of including, if appropriate, by making an ex-gratia payment.")

Motion made, and Question proposed, That this House agrees with the Lords in the said amendment.—[Miss Melanie Johnson.]

Mr. Deputy Speaker

With this it will be convenient to discuss the amendment thereto and Lords amendments Nos. 590 and 591.

Mr. Flight

The issue raised by Lords amendment No. 589 and our amendment to it is one of the most important outstanding issues. Given the virtual legal immunity enjoyed by the FSA, it is essential that there should be a full, clear and open complaints scheme. The Government accepted Lords amendment No. 589 in the other place; our amendment to that amendment was, I believe, supported in the Lords, but was not actually tabled.

To put it simply, our amendment proposes that the investigator should be able, if he sees fit, to investigate complaints, whether or not the FSA has recommended him so to do. It also proposes that the complaints scheme should confer on the investigator the power to recommend to the authority, as he sees fit, appropriate compensatory payments or any other remedies. Together with Lords amendment No. 589, it would give an independent complaints investigator the power to look into complaints and recommend appropriate redress, fairly and without being leant on by the FSA.

Miss Melanie Johnson

I can be brief. I am grateful to Opposition Members for seeking to restore the safeguard that seemed to have been unwittingly removed during debate in the other place on amendment No. 589. We are happy to support the amendment to the amendment, which, as the hon. Gentleman says, restores one of the safeguards of the investigator's independence.

Lords amendment and amendment thereto agreed to.

Lords amendments Nos. 590 and 591 agreed to.

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