asked Her Majesty's Government:
Whether their proposals to amend the existing statutory public sector ombudsmen arrangements through the Criminal Justice and Immigration Bill by making provision for the establishment of HM Commissioner for Offender Management and Prisons will satisfy the Council of Europe's criteria for the essential attributes of an ombudsman institution, namely, (a) full statutory independence; (b) complete operational discretion as to which complaints should be taken for investigation; (c) a guarantee of sufficient resources; and (d) complete autonomy over issues relating to budget and staff. [HL1081]
The current proposals satisfy criteria (a), (b), and (c) but not (d).
Under the Bill the independence of the Prisons and Probation Ombudsman will be significantly strengthened. The office will for the first time be underpinned by statute, giving the commissioner formal powers of investigation. Moreover, it will be possible to remove the commissioner from office only following an address in both Houses of Parliament.
The commissioner will have a large degree of discretion in what complaints will be taken for investigation. For example, the commissioner will be able to waive the requirements relating to the time elapsed between events occurring and the making of a complaint and the requirement that an authority has had an opportunity to deal with the complaint. In addition, the commissioner will be able to determine the procedures for making complaints.
The commissioner will continue to be provided with adequate funding, as now, to allow performance of the duties of the office. Placing this office on a statutory basis demonstrates our commitment to preserving its existing functions intact for the foreseeable future. Where significant new pressures have emerged previously, we have always sought to provide additional funding.
The commissioner will have some limitations on issues relating to budget and staffing as they will be provided by (or in pursuance of arrangements made by) the Secretary of State.
We consider that the proposed arrangement for funding and staffing the commissioner's office will minimise the administrative burden. However, we are re-examining those arrangements to ensure that they offer the required level of independence.
asked Her Majesty's Government:
Whether their proposals to amend the existing statutory public sector ombudsmen arrangements through the Criminal Justice and Immigration Bill by making provision for the establishment of HM Commissioner for Offender Management and Prisons will ensure that those who might want to use the service of the new commissioner, including both family members and third parties, will be provided with arrangements which are clear, accessible and user-friendly. [HL1082]
The current provisions in the Criminal Justice and Immigration Bill for the establishment of HM Commissioner for Offender Management and Prisons provide arrangements for easy access to the commissioner's service. For example, complaints can be made orally and commissioner reports can be issued orally; the commissioner has discretion to waive the conditions that determine the eligibility of a complaint; and the commissioner has discretion over the detailed arrangements for dealing with a complaint. In addition, we expect that the commissioner will produce and publish detailed guidance about his procedures for dealing with complaints, for use by his staff, complainants and the bodies against whom complaints can be made.
There are currently no proposals in the provision for the establishment of HM Commissioner for Offender Management and Prisons in the Criminal Justice and Immigration Bill to extend the commissioner's remit to complaints from family members and third parties. The purpose of the Prisons and Probation Ombudsman has always been to deal with grievances about the custodial or offender management experience by those subject to it, not complaints against the Prison and Probation Services generally. The current provisions preserve that focus.
However, we are considering carefully whether to extend the commissioner's remit to complaints from family members and third parties, and we will base our decision on the outcome of any consultation on the proposal. There is provision in the Bill to extend the remit by order. We may conclude that we want to preserve the Prison and Probation Ombudsman's existing remit and that complaints by members of the public are best dealt with under current arrangements; that is to say, either by the service concerned or by the Parliamentary Commissioner for Administration. Should we decide to extend the commissioner's remit to such complaints we will certainly ensure that the arrangements for accessing the commissioner's service will be equally clear, accessible and user-friendly to those complainants.