HL Deb 18 May 1994 vol 555 cc318-20

8.3 p.m.

Lord Lucas

My Lords, I beg to move that this Bill be now read a second time.

This Bill extends the jurisdiction of the Parliamentary Commissioner for Administration, the parliamentary ombudsman, to cover five tribunals in the Department of Social Security's independent tribunals service. It also makes provision for future extensions of jurisdiction to be made by order. My honourable friend Gerry Malone was able, with great perseverance, to take this welcome measure through another place. I and, I am sure, the whole of this House congratulate him on his success.

The parliamentary ombudsman investigates com-plaints of maladministration against the Government, and against other bodies which have been placed under his jurisdiction. The office has been in existence for 27 years, and has proved to be a valuable and effective addition to the rights of the citizen. I am delighted that another place has agreed to this extension of his remit, and has agreed to fund its implementation, at a time when certain other effective ombudsmen appear to be under threat from the industries that they serve.

Section 110 of the Courts and Legal Services Act 1990, which came into effect on 1st January 1991, brought the tribunals administered by the Lord Chancellor's Department within the jurisdiction of the parliamentary ombudsman, but left outside it those tribunals whose members happen to be appointed by someone else. This Bill seeks to bring within the parliamentary ombudsman's jurisdiction the administra-tive actions of five such tribunals; those concerned with vaccine damage payments; Child Support Act appeals and social security, disability and medical appeals. These are all matters of considerable public interest and concern.

Primary legislation has proved to be necessary to make these small, uncontroversial and worth-while additions to the parliamentary ombudsman's remit. Clause 1 of this Bill therefore makes provision for tribunals to be added to or removed from his jurisdiction by an order subject to the negative resolution procedure, so that amendments may be made quickly and easily in future.

Clause 1 also contains provisions to clarify the extent of the parliamentary ombudsman's jurisdiction over tribunals. It does this by placing the staff of the tribunals, rather than the tribunals themselves, within his scope, and by then excluding actions by such staff which result from the express or implied direction of a member of the tribunal; that is, those actions which form part of a tribunal's decision.

I would like to emphasise that nothing in this Bill affects the essential nature of the parliamentary ombudsman. It does not enable him, for instance, to deal with matters that are properly the concern of the courts or of tribunals. Nor does the Bill address the concerns expressed in the report of a Select Committee of another place on the work of the parliamentary ombudsman; we shall doubtless have the Government's response to that document in due course.

The Bill has commanded the support of all sides in another place; I am confident that it will here too. I beg to move.

Moved, That the Bill be now read a second time. —(Lord Lucas.)

8.7 p.m.

Lord Archer of Sand well

My Lords, I am grateful for this opportunity to add a word of congratulations to the noble Lord, Lord Lucas, and to Mr. Malone on introducing the Bill. Noble Lords may recollect that for some years the Government resisted bringing legal administration within the jurisdiction of the Parliamentary Commissioner since they declined to distinguish, as the noble Lord has just distinguished, between judicial decisions and legal administration. A number of us for some time pressed the Government on the matter and we were rewarded when Section 110 was included in the Courts and Legal Services Act 1990.

I should like to echo what the noble Lord has just said by way of a tribute to the work of the Parliamentary Commissioner, William Reid, and his office in establishing great respect for the system as it applied to the judicial administration and for the work of his office in other areas.

By what I believe was an oversight, administration of tribunals other than those administered by the Lord Chancellor were, as the noble Lord, Lord Lucas, said, omitted from Section 110 of the Act. I believe that there was a suggestion that the matter should be rectified by subordinate legislation, but there then arose a doubt as to whether the power existed. The Select Committee in another place considered the Parliamentary Commissioner's report in 1993 and recommended the removal of the anomaly. This Bill is designed to do just that. I hope I speak for all those concerned with the work of tribunals in wishing the Bill well.

8.9 p.m.

Lord Graham of Edmonton

My Lords, there may be surprise that we have two Front-Bench spokesmen on a modest measure. The explanation is that I was deputed to say a few words of welcome, which I was happy to do. Then along came the Chairman of the Council of Tribunals in the shape of my noble and learned friend Lord Archer. No one could be better qualified to add a few words. That is all that is needed. The Second Reading proposal was made very fairly and fully. I would describe this Bill as a benign piece of legislation. There cannot be anyone who will be disadvantaged by it. I have no statistics, but there may be a number of people who could in the past have been advantaged by it but whose counterparts in a like situation will be benefited in the future.

The concept of the ombudsman and the philosophy behind the appointment have been very successful. Sometimes we complain about the absence of "teeth", or the inability or unwillingness of people who are chastised by the ombudsman. But the office is a valuable mechanism which benefits the little man, who may not have resources and who may be petrified or frightened. The House knows that the noble Baroness, Lady Serota, was for many years an ombudsman for local government; and there will be other Members of this House who have great experience to bring. From the Labour Front Benches, we give the Bill a very warm welcome. I congratulate the noble Lord on introducing it so cogently, and I wish it well.

8.11 p.m.

The Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food (Earl Howe)

My Lords, I, too, express my gratitude to the noble Lord, Lord Lucas, for moving the Second Reading of this very useful Bill. I, too, hope that it will receive support from all noble Lords.

The Parliamentary Commissioner for Administration, William Reid, drew the Government's attention in his recent annual reports to the gap in his jurisdiction. The Select Committee on the Parliamentary Commissioner for Administration has also pressed for the removal of the anomaly in respect of tribunals. I welcome the opportunity that this Bill affords to rectify the position.

As the noble Lord, Lord Graham, rightly emphasised, the parliamentary commissioner plays an important role in assisting Parliament to protect the individual citizen against the effects of maladministration. It seems appropriate that his jurisdiction should be extended to the administrative actions of staff in the tribunals listed in the Bill, whose impact on individuals can be significant. I therefore welcome this extension of the parliamentary commissioner's jurisdiction. I wish the Bill a speedy passage into law. In doing so, I express what I believe is the sense of the House that Parliament has been well served by those who have been appointed to the office of the parliamentary commissioner and those who have served on his staff.

8.12 p.m.

Lord Lucas

My Lords, I would like to thank the noble and learned Lord, Lord Archer of Sandwell, the noble Lord, Lord Graham of Edmonton, and my noble friend the Minister for the support that they have given to this Bill. I am grateful for it, and I am sure that my honourable friend is equally grateful and looks forward to receiving the Bill back in another place. I commend this Bill to the House and ask that it be given a Second Reading.

On Question, Bill read a second time, and committed to a Committee of the Whole House.