My Lords, I ought to declare a string of interests. I am an ex-MP; my wife is a district councillor; I was chairman of the Administrative Justice and Tribunals Council, which had a close relationship with the British and Irish Ombudsman Association; and I know Mike Biles, the Housing Ombudsman, quite well. I should also apologise to the noble Baroness for not having added my name to her amendment, as she encouraged me to. I would happily have done so, and should have done.
I will make clear to my noble friend that I agreed with every word that she said, and every word that the noble Lord, Lord Tope, said. The starting point is that if this is administrative justice—and most people would say that it is—what right have the Government to say that somebody is to intervene in somebody else's right to seek administrative justice? It could not conceivably be argued that somebody should need an MP’s or a councillor’s permission before going to a tribunal, a court or anything comparable in the administrative justice field. Why should we have it here? All this comes at a time when the Parliamentary Ombudsman has a consultation document out, which I know she feels quite strongly about, for the removal of the MP filter in respect of the ombudsman. This was supported by unduly sensitive MPs 50 years ago when the ombudsman—a foreign creation—was introduced. However, as far as anybody can judge, now it is not supported by most MPs, who also think it should go.
Why should people be subject to the vagaries of what their councillor, tenant panel or even—dare I say it?— MP thinks about whether it is a case for the ombudsman? That is a matter for the ombudsman to judge. If there are procedures that the tenant should go through beforehand, such as those described by the noble Baroness, Lady Hollis, the ombudsman can make the point: ““We are not looking at this until you have had it looked at along the other lines””. It would be perfectly reasonable for him to do that, but there is no serious case for what the Government are proposing in the Bill. I very much doubt whether it was part of the coalition agreement or has been seriously endorsed by the Prime Minister or the Deputy Prime Minister, because it is just not the kind of proposal they would support. Individuals ought to have this right, and we in this House ought to be defending it.
I have one last question to which I would like an answer. We have lots of ombudsmen in this country. We have the Parliamentary Ombudsman with an MP filter; we have the Health Service Ombudsman, who is also the Parliamentary Ombudsman, in practice, with no MP filter; we have the Scottish Public Services Ombudsman, with no filter at all, for Scots; we have the Public Services Ombudsman for Wales with no filter at all in respect of matters that he or she can consider so, in a way, this is yet another form of discrimination against the English, and I am fed up with it. It is wrong in principle, it is daft and the Minister should take it away and get rid of it.
Localism Bill
Proceeding contribution from
Lord Newton of Braintree
(Conservative)
in the House of Lords on Wednesday, 7 September 2011.
It occurred during Debate on bills on Localism Bill.
Type
Proceeding contribution
Reference
730 c305 
Session
2010-12
Chamber / Committee
House of Lords chamber
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