Armed Forces (Service Complaints and Financial Assistance) Bill [Lords] — House of Commons, 2015-03-09
Topic: Government Operations
Anna Mary Soubry (Conservative, Centre-right): If somebody says that there has been undue delay, but the commissioner finds that there has not, she can certainly say so, though at that stage, of course, she would not be looking at the merits of the case. If somebody makes a complaint and goes through the system, and there is no finding in their favour, and then says, "I will now go to the ombudsman on the question of the merits of the case", it is absolutely the ombudsman’s role to look at whether there is any merit to the case. If she thinks that there is no merit to it, she will not flinch from saying so. I hope that satisfies my hon. Friend It is now possible to apply to the ombudsman alleging undue delay when a complaint in the internal system has not been concluded, or indeed when a complaint has not even been made, so it is important that the Bill sets out for the avoidance of doubt what is meant by the internal process having been completed. That is effected by putting the phrase "finally determined" in proposed new section 340H(1); an explanation of the term is provided in proposed new subsection (5). Several hon. Members raised that issue with me before the debate in private—I mean nothing untoward by that. I want to make it clear for the Hansard record that the phrase "finally determined" does not in any way preclude the ombudsman’s looking into the merits or maladministration of a complaint. It is simply there to make it clear that she can do that only once consideration of the complaint by the services through the internal system has been completed, and only when the applicant has asked the ombudsman to investigate in accordance with the requirements of the Bill. The phrase brings clarity It remains important for the ombudsman to have a reasonably clear idea of what the applicant wants them to look into, and for investigations to remain focused and proportionate. One of the amendments would insert a new subsection (4)(b) in section 340H, requiring the applicant to specify which type or types of investigation the complainant wants the ombudsman to carry out. This is not an onerous obligation, and it will help to focus the efforts of the ombudsman on what is most important to the applicant. That is connected with the amendment that would insert new subsection (1)(b) in new section 340I, giving the ombudsman the discretion to decide whether to investigate the whole service complaint or allegation, or just part of it New section 340H also reflects the change to the ombudsman’s ability to report on any maladministration identified during an investigation of a complainant’s allegation of maladministration. We want the ombudsman to be free to report on any other aspect of mishandling that she may come across, and have amended the Bill accordingly to make this clear throughout the relevant provisions. Our changes provide an essential clarification to the amendments agreed in Committee; those amendments would have required the ombudsman to look for any maladministration in every investigation, whether or not it had been alleged by the complainant. The amendment that we propose to new section 340H(6) clarifies the scope of this new aspect of the ombudsman’s investigative power It is equally important for everyone that it is clear what the ombudsman can do on completing an investigation. Her ability to produce a report with findings and recommendations is fundamental to the view that many will rightly have about whether this new role really does have teeth. The Government amendments will also fill a gap that was left when amendments were made in Committee. We would amend new section 340L to make it clear that the ombudsman must, after carrying out an investigation, prepare a report setting out her findings and recommendations. After an investigation of a service complaint, the ombudsman will need to issue findings stating whether the complaint was well founded, and will need to make any recommendations to ensure appropriate redress. The Defence Council retains responsibility for responding to those findings and recommendations, in accordance with new section 340M. The Government amendments also clarify that the ombudsman must set out any recommendations as a result of a finding of maladministration or undue delay This group of amendments is a relatively large one, but it is necessary to ensure that the provisions of the Bill are clear. The amendments also ensure that the drafting is coherent and complete, while giving full effect to the amendments agreed to in Committee, which had cross-party support. In a couple of important respects, which I have outlined, they also improve the amendments which were agreed to in Committee We could have been, shall I say, a little bit naughty. When we saw what had been voted for, we could have left it there, knowing that it did not do the job that we knew the Committee wanted it to do. We accordingly went to our draftsmen and draftswomen and we have made sure that the spirit of the Committee is now being put into law.