HL Deb 24 July 2000 vol 616 cc80-1

(" .—(1) If, at any stage in the course of conducting an investigation under section 55, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.

(2) If, at any stage in the course of conducting an investigation under Part III of that Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 55 of this Act, he may consult the Standards Board for England about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section 54.

(3) Consultation under subsection (1) or (2) may relate to any matter concerned with the investigation, including—

  1. (a) the conduct of the investigation, and
  2. (b) the form, content and publication of any report relating to the investigation.

(4) Nothing in section 32(2) of the Local Government Act 1974 or section 59(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.

(5) In this section "Local Commissioner" has the same meaning as in Part III of the Local Government Act 1974.")

Lord Whitty

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 248. In moving the amendment I speak to the amendments grouped with it.

These provisions will enable ethical standards officers (ESOs) to form a close working relationship with the ombudsman where appropriate. We have had discussions with the ombudsman and with the Audit Commission since the last passage of the Bill through this House. We have defined what we believe to be the best and most appropriate relationship with these bodies. Bearing in mind the ombudsman's obligation towards the protection of the anonymity of the complainant and the sensitivity of much of the information the ombudsman collects it was considered that a power to consult was the best way to define the relationship between the ombudsman and the ESO. I hope that that meets general approval.

Moved, that the House do agree with the Commons in their Amendment No. 248.—(Lord Whitty.) On Question, Motion agreed to.