§ LORD SILKINMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they have now considered the Whyatt REPORT on the Citizen and the Administration and whether they will make a statement.]
§ THE LORD CHANCELLOR (LORD DILHORNE)My Lords, the organisation known as Justice made two proposals: first, that the Council on Tribunals should survey the area in which there is at present no right of appeal against a discretionary decision made by or on behalf of a Minister, with a view to providing a right of appeal in such cases to an independent tribunal; and secondly, that a Parliamentary Commissioner should be appointed to investigate cases of alleged maladministration. The Government consider that there are serious objections in principle to both proposals and that it would not be possible to reconcile them with the principle of Ministerial responsibility to Parliament. They believe that any substantial extension of the system of reference to tribunals would lead to inflexibility and delay in administration, and that the appointment of a Parliamentary Commissioner would seriously interfere with the prompt and efficient dispatch of public business. In the Government's view there is already adequate provision under our constitutional and Parliamentary practice for the redress of any genuine complaint of maladministration, in particular by means of the citizen's right of access to Members of Parliament.
In their examination of the REPORT the Government have themselves undertaken detailed review of the extent to which persons aggrieved can appeal against discretionary decisions. This 385 review has disclosed a few instances in which provision for appeal might with advantage be introduced as an additional safeguard to the person affected by the decision, and these are being examined in greater detail.
§ LORD SILKINMy Lords, could the noble and learned Lord tell us when we may expect to get the result of these deliberations? Evidently it is accepted that there is some need for some improvement in procedure. Before I personally carry the matter further I should be glad to know what the Government are actually doing, and when.
§ THE LORD CHANCELLORMy Lords, I think when the noble Lord studies my Answer he will see that the question of providing a further appeal in certain instances is now under examination, and no doubt when the result of that examination is known a decision will have to be arrived at as to what legislation should be introduced to remedy the matter.
§ LORD SILKINMy Lords, if I may respectfully say so, I followed that reply and have no need to study it. My question was: when may we expect to get the result of these inquiries?
§ THE LORD CHANCELLORMy Lords, I am afraid I cannot at the moment give the noble Lord any information upon that point.
§ LORD SHACKLETONMy Lords, does not the noble and learned Lord recognise that there is a serious objection in principle to allowing injustices to continue to be committed, particularly in that field which concerns the Government where the Minister disclaims the power to intervene? Is the noble and learned Lord not aware that there are cases, sometimes attaching to nationalised industry, where it has been quite impossible to get redress?
§ THE LORD CHANCELLORMy Lords, I am glad to give consideration to any cases which the noble Lord brings to my notice. But the whole subject has been reviewed, and the result of the review is the Answer that I have given.