Ombudsman and Commissioner for Complaints (Amendment) Bill: Accelerated Passage

Committee Business – in the Northern Ireland Assembly at 4:30 pm on 11 May 2015.

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Photo of Roy Beggs Roy Beggs UUP 4:30, 11 May 2015

In accordance with Standing Order 42(4), the motion will require cross-community support.

Photo of Mike Nesbitt Mike Nesbitt UUP

I beg to move

That the Ombudsman and Commissioner for Complaints (Amendment) Bill proceed under the accelerated passage procedure.

At the outset, I highlight to the House that, for a motion for accelerated passage of a Bill, Standing Order 42(3) requires me to explain to the appropriate Committee the reason or reasons for accelerated passage; the consequences of accelerated passage not being granted; and, if appropriate, any steps I may have taken to minimise the future use of the accelerated passage procedure. Had OFMDFM been the sponsor of the Bill, the explanation required by Standing Order 42(3) would, naturally, have been provided to the OFMDFM Committee. However, this is a Committee Bill dealing with statutory offices for which OFMDFM has responsibility. In those circumstances, there did not appear to be an appropriate Committee. I wrote to the Speaker seeking his advice on that point and explaining why the Committee was seeking accelerated passage. The Speaker agreed that, in the specific circumstances pertaining to this Bill, there is no appropriate Committee. The Speaker advised the Business Committee and provided it with a copy of our rationale for seeking accelerated passage. The Business Committee was content for the motion to be included on today's Order Paper and for me to provide the explanation that the Assembly requires under Standing Order 42(4).

We have just had the Second Stage debate on the Public Services Ombudsperson (NIPSO) Bill. The Ombudsman and Commissioner for Complaints (Amendment) Bill will provide the time needed for the Assembly to consider and progress the NIPSO Bill. As Members heard, the NIPSO Bill will abolish the offices of Assembly Ombudsman and Commissioner for Complaints and create the new office of Northern Ireland Public Services Ombudsperson or NIPSO. However, commencement of the substantive provisions of the NIPSO Bill will not occur until 1 April next year.

The current Northern Ireland Ombudsman and Commissioner for Complaints holds office in an acting capacity with effect from 31 August last. The Ombudsman (Northern Ireland) Order 1996 and the Commissioner for Complaints (Northern Ireland) Order 1996 — the 1996 Orders — provide for the offices to be filled by an acting office holder for up to 12 months. The current acting appointments, which were made by Her Majesty at the request of OFMDFM, will come to an end on 31 August 2015, at which point there will be a vacancy in the offices that will frustrate the purposes of the 1996 Orders. The Committee seeks accelerated passage of the Bill to manage that risk and to ensure that it passes through the Assembly well before the summer recess and secures Royal Assent in good time for the appointment, extension or renewal of acting office holders under the 1996 Orders before 31 August. That is the primary reason for seeking accelerated passage.

The secondary reason for seeking accelerated passage is that this is a very short, single-purpose Bill, and the debate on this motion and the debate at Second Stage and at the amending stages should provide adequate time for scrutiny by the Assembly proportionate to the complexity of the Bill. The Bill has just three clauses. Clause 1 provides that, in the acting ombudsman provisions of the 1996 Orders, the references to "12 months" are to be substituted with references to "24 months". Clause 2 provides for retrospective effect to avoid any argument or difficulty arising regarding the ability to renew, extend, reappoint or make a new appointment and to give freedom regarding the choice of mechanism. Clause 3 states that the Bill will come into operation on the day after it receives Royal Assent and provides the short title.

I also wish to explain the consequences of accelerated passage not being granted. Should accelerated passage not be granted by the Assembly, there is a greater risk that the Bill will not secure Royal Assent in time to avoid a vacancy in the current offices. As a precaution against such a risk, OFMDFM has made preparations for a recruitment exercise to make a permanent appointment under the 1996 Orders. In order to attract suitable applicants, it is likely that such an appointment would have to be offered for at least a three-year term. As the NIPSO Bill will abolish the current offices, the commencement of the NIPSO Bill would have to be postponed or the Bill amended to provide that OFMDFM's appointee under the 1996 Orders became the first ombudsperson.

It is a key aspect of the Committee’s policy that the NIPSO is accountable to the Assembly rather than the Executive and that this is reflected by the Assembly Commission undertaking the recruitment exercise for the NIPSO. The Committee’s strong preference is for a continuation of the acting appointment and for the first ombudsperson recruitment to be undertaken by the Assembly Commission. OFMDFM has indicated that it is content that the Bill, if accelerated passage is granted, adequately manages the risk of a vacancy in the offices of ombudsman and commissioner. However, OFMDFM will keep the progress of the legislation under review and may revert to its plans for recruitment under the existing legislation.

In terms of any steps that the Committee has taken to minimise the future use of the accelerated passage procedure, I can assure Members that, should the Committee bring forward more legislation, it will of course be mindful of the constraints within which the Assembly operates, including time constraints, and will strive to avoid any future use of the accelerated passage procedure. I commend the motion to the House.

Photo of David McIlveen David McIlveen DUP

As with the last debate, I will keep my remarks extremely brief. I concur entirely with what the Chairman of the Committee has said. I do not think that the public would find it acceptable for one moment if the temporary appointment came to an end at the beginning of August and we were left with a severe gap in between. That would be very difficult to deal with. It is bad enough trying to deal with a recruitment process under existing legislation, but, if we were in parallel processes trying to manage a vacancy along with trying to get new legislation through, that could prove very convoluted. It is something that we really must avoid at all costs.

While I would certainly not want to discourage a thorough scrutiny of the legislation, it is, as the Chairperson said, only three clauses at the moment. The challenge is now there to us as Committee members and indeed the whole House to bring the matter to as swift a conclusion as we can.

Certainly, I understand that the Department is very confident that, if accelerated passage goes through, there is no good reason why it should not be in a position to be recruiting and have a new person in place, or at least ready to be in place, by the end of July. Therefore, the onus is back on the House to make the right decision. I support this entirely.

Photo of Bronwyn McGahan Bronwyn McGahan Sinn Féin

Go raibh maith agat, a LeasCheann Comhairle. My remarks will be short and sweet, like those of the Member who has just spoken. I support the accelerated passage of the amendment Bill. The Chair outlined in detail the nub of the problem and the potential consequences for the Committee if we were not to run with this process. So, in that context, it is important that the Committee does not face any barriers in proceeding with the NIPSO Bill.

Photo of Chris Lyttle Chris Lyttle Alliance

I will make the winding-up speech on the debate. I support the motion that the Ombudsman and Commissioner for Complaints (Amendment) Bill proceeds under the accelerated passage procedure. The Chair has set out well the reasons necessary for this procedure, and there seems to be cross-party support for that proposal in the House. I hope that Members agree with the Committee's view that permitting the amendment Bill to proceed by way of accelerated passage provides the best means of managing the risk of a vacancy arising in the current offices whilst work on legislation to create the new office of the Public Services Ombudsperson is being completed. I commend the motion to the House.

Photo of Roy Beggs Roy Beggs UUP

Before we proceed with the Question, I remind Members that cross-community support is required for the motion.

Question put and agreed to. Resolved (with cross-community support):

That the Ombudsman and Commissioner for Complaints (Amendment) Bill proceed under the accelerated passage procedure.