Public Services Ombudsperson Bill: Further Consideration Stage

Committee Business – in the Northern Ireland Assembly at 12:45 pm on 30 November 2015.

Alert me about debates like this

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker 12:45, 30 November 2015

I call the Chairperson of the Committee for the Office of the First Minister and deputy First Minister to move the Further Consideration Stage of the Public Services Ombudsperson Bill.

Moved.—[Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Members will have a copy of the Marshalled List of amendments detailing the order for consideration. The amendments have been grouped for debate in the provisional grouping of amendments selected list. There are three groups of amendments, and we will debate the amendments in each group in turn. The first debate will be on the amendments relating to changing the title of "Ombudsperson" to "Ombudsman".

The next debate will be on the amendments in group 2, which deal with procedures, including commencement, reporting and privilege, and technical changes required to the Bill. The third debate will be on amendment Nos 31, 51, 75, 89, 91 and 305, which deal with the powers and ambit of the ombudsperson.

Members intending to speak should address all the amendments in each group on which they wish to comment. Once the debate on each group is completed, any further amendments in the group will be moved formally as we go through the Bill, and the Question on each will be put without further debate.

If all of that is clear, we shall proceed.

Clause 1 (The Northern Ireland Public Services Ombudsperson)

Photo of Lord Maurice Morrow Lord Maurice Morrow DUP

I beg to move amendment No. 1:

In page 1, line 5, leave out "Ombudsperson" and insert "Ombudsman".

The following amendments stood on the Marshalled List:

No 2: In page 1, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 3: In page 1, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 4: In clause 2, page 1, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 5: In clause 2, page 2, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 6: In clause 2, page 2, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 7: In clause 2, page 2, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 8: In clause 3, page 2, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 9: In clause 3, page 2, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 10: In clause 3, page 2, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 11: In clause 4, page 2, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 13: In clause 5, page 2, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 14: In clause 6, page 3, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 15: In clause 7, page 3, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 16: In clause 7, page 3, line 31, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 17: In clause 7, page 3, line 33, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 18: In clause 7, page 3, line 33, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 19: In clause 8, page 3, line 39, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 20: In clause 8, page 4, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 22: In clause 9, page 4, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 23: In clause 9, page 4, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 24: In clause 10, page 4, line 21, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 25: In clause 10, page 4, line 21, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 26: In clause 10, page 4, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 27: In clause 11, page 4, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 30: In clause 12, page 5, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 32: In clause 14, page 6, line 9, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 33: In clause 15, page 6, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 34: In clause 16, page 6, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 37: In clause 17, page 7, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 39: In clause 18, page 7, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 41: In clause 18, page 7, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 42: In clause 18, page 7, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 45: In clause 20, page 8, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 46: In clause 21, page 8, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 47: In clause 21, page 8, line 39, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 48: In clause 21, page 8, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 49: In clause 21, page 9, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 50: In clause 22, page 9, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 53: In clause 23, page 9, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 54: In clause 24, page 9, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 55: In clause 24, page 9, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 56: In clause 25, page 9, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 57: In clause 25, page 9, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 58: In clause 25, page 10, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 59: In clause 26, page 10, line 3, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 60: In clause 26, page 10, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 61: In clause 26, page 10, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 62: In clause 26, page 10, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 63: In clause 28, page 10, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 64: In clause 28, page 10, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 65: In clause 28, page 10, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 66: In clause 29, page 10, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 67: In clause 30, page 11, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 68: In clause 30, page 11, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 69: In clause 30, page 11, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 70: In clause 30, page 11, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 71: In clause 30, page 11, line 17, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 72: In clause 30, page 11, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 73: In clause 30, page 11, line 26, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 74: In clause 30, page 11, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 76: In clause 30, page 11, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 77: In clause 30, page 11, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 78: In clause 30, page 11, line 36, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 79: In clause 30, page 11, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 80: In clause 31, page 12, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 81: In clause 31, page 12, line 13, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 82: In clause 31, page 12, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 83: In clause 31, page 12, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 84: In clause 31, page 12, line 22, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 85: In clause 33, page 13, line 3, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 86: In clause 33, page 13, line 3, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 88: In clause 33, page 13, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 90: In clause 34, page 13, line 26, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 92: In clause 35, page 13, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 93: In clause 35, page 13, line 39, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 94: In clause 35, page 14, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 95: In clause 35, page 14, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 96: In clause 35, page 14, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 97: In clause 35, page 14, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 98: In clause 35, page 14, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 99: In clause 37, page 14, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 100: In clause 37, page 14, line 26, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 101: In clause 37, page 14, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 102: In clause 37, page 14, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 103: In clause 37, page 14, line 30, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 104: In clause 37, page 15, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 105: In clause 38, page 15, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 107: In clause 38, page 15, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 108: In clause 38, page 15, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 109: In clause 39, page 15, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 110: In clause 39, page 15, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 111: In clause 39, page 15, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 112: In clause 39, page 15, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 113: In clause 39, page 15, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 114: In clause 39, page 15, line 36, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 115: In clause 39, page 15, line 37, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 116: In clause 40, page 15, line 40, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 117: In clause 40, page 15, line 40, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 118: In clause 40, page 16, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 119: In clause 40, page 16, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 120: In clause 40, page 16, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 121: In clause 40, page 16, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 122: In clause 42, page 16, line 17, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 123: In clause 42, page 16, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 124: In clause 43, page 16, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 125: In clause 43, page 17, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 126: In clause 43, page 17, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 127: In clause 43, page 17, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 128: In clause 43, page 17, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 129: In clause 44, page 17, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 130: In clause 44, page 17, line 17, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 131: In clause 44, page 17, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 132: In clause 44, page 17, line 21, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 133: In clause 44, page 17, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 134: In clause 44, page 17, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 135: In clause 45, page 17, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 136: In clause 45, page 17, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 137: In clause 46, page 17, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 138: In clause 46, page 17, line 33, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 140: In clause 46, page 17, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 141: In clause 46, page 17, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 142: In clause 46, page 17, line 40, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 143: In clause 46, page 17, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 144: In clause 46, page 18, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 145: In clause 46, page 18, line 2, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 146: In clause 46, page 18, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 147: In clause 47, page 18, line 4, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 148: In clause 47, page 18, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 149: In clause 48, page 18, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 150: In clause 48, page 18, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 152: In clause 48, page 18, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 153: In clause 48, page 18, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 154: In clause 48, page 18, line 21, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 155: In clause 49, page 18, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 158: In clause 49, page 19, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 159: In clause 49, page 19, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 160: In clause 49, page 19, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 161: In clause 50, page 19, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 162: In clause 50, page 20, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 163: In clause 50, page 20, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 164: In clause 50, page 20, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 165: In clause 51, page 20, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 166: In clause 51, page 20, line 22, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 167: In clause 51, page 20, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 168: In clause 52, page 21, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 169: In clause 54, page 22, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 170: In clause 54, page 22, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 172: In clause 54, page 22, line 26, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 174: In clause 55, page 22, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 175: In clause 56, page 23, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 176: In clause 57, page 23, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 177: In clause 57, page 23, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 178: In clause 58, page 23, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 179: In clause 58, page 23, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 180: In clause 59, page 24, line 19, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 181: In clause 59, page 24, line 19, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 187: In clause 66, page 26, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 188: In schedule 1, page 27, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 189: In schedule 1, page 27, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 190: In schedule 1, page 27, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 191: In schedule 1, page 27, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 192: In schedule 1, page 27, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 193: In schedule 1, page 27, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 194: In schedule 1, page 27, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 195: In schedule 1, page 27, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 196: In schedule 1, page 27, line 30, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 197: In schedule 1, page 28, line 3, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 198: In schedule 1, page 28, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 199: In schedule 1, page 28, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 200: In schedule 1, page 28, line 18, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 201: In schedule 1, page 28, line 21, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 202: In schedule 1, page 28, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 203: In schedule 1, page 28, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 204: In schedule 1, page 28, line 40, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 205: In schedule 1, page 28, line 42, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 206: In schedule 1, page 29, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 207: In schedule 1, page 29, line 3, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 209: In schedule 1, page 29, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 210: In schedule 1, page 29, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 211: In schedule 1, page 29, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 212: In schedule 1, page 29, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 213: In schedule 1, page 29, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 214: In schedule 1, page 29, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 215: In schedule 1, page 29, line 36, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 216: In schedule 1, page 30, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 217: In schedule 1, page 30, line 3, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 218: In schedule 1, page 30, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 219: In schedule 1, page 30, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 220: In schedule 1, page 30, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 221: In schedule 1, page 30, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 222: In schedule 1, page 30, line 21, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 223: In schedule 1, page 30, line 21, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 224: In schedule 1, page 30, line 24, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 225: In schedule 1, page 30, line 26, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 226: In schedule 1, page 30, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 227: In schedule 1, page 30, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 228: In schedule 1, page 30, line 30, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 229: In schedule 1, page 30, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 230: In schedule 1, page 30, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 231: In schedule 1, page 30, line 36, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 232: In schedule 1, page 30, line 37, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 233: In schedule 1, page 30, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 234: In schedule 1, page 30, line 39, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 235: In schedule 1, page 30, line 40, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 236: In schedule 1, page 30, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 238: In schedule 1, page 31, line 4, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 239: In schedule 1, page 31, line 6, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 240: In schedule 1, page 31, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 241: In schedule 1, page 31, line 9, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 242: In schedule 1, page 31, line 9, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 243: In schedule 1, page 31, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 244: In schedule 1, page 31, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 245: In schedule 1, page 31, line 15, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 246: In schedule 1, page 31, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 247: In schedule 1, page 31, line 31, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 248: In schedule 1, page 31, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 249: In schedule 1, page 31, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 250: In schedule 1, page 31, line 36, leave out "Ombudsperson’s" and insert "Ombudsman’s". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 251: In schedule 1, page 31, line 37, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 252: In schedule 1, page 31, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 253: In schedule 1, page 32, line 1, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 254: In schedule 1, page 32, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 255: In schedule 1, page 32, line 9, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 256: In schedule 1, page 32, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 257: In schedule 1, page 32, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 258: In schedule 1, page 32, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 259: In schedule 1, page 32, line 22, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 260: In schedule 1, page 32, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 261: In schedule 1, page 32, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 263: In schedule 2, page 33, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 264: In schedule 2, page 33, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 265: In schedule 2, page 33, line 22, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 266: In schedule 2, page 33, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 267: In schedule 2, page 33, line 29, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 268: In schedule 2, page 33, line 30, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 269: In schedule 2, page 33, line 34, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 270: In schedule 2, page 33, line 41, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 271: In schedule 2, page 34, line 31, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 272: In schedule 2, page 34, line 35, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 273: In schedule 2, page 34, line 37, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 274: In schedule 2, page 35, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 275: In schedule 2, page 35, line 12, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 276: In schedule 2, page 35, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 277: In schedule 2, page 35, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 281: In schedule 2, page 36, line 14, leave out first "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 282: In schedule 2, page 36, line 14, leave out second "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 287: In schedule 5, page 40, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 290: In schedule 5, page 40, line 33, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 291: In schedule 6, page 41, line 12, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 292: In schedule 6, page 41, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 293: In schedule 6, page 42, line 9, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 297: In schedule 7, page 44, line 39, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 299: In schedule 7, page 45, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 300: In schedule 7, page 45, line 16, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 301: In schedule 7, page 45, line 25, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 302: In schedule 7, page 45, line 30, leave out "ombudspersons" and insert "ombudsmen". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 303: In schedule 7, page 45, line 36, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 304: In schedule 7, page 45, line 40, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 306: In schedule 7, page 45, line 42, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 307: In schedule 7, page 46, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 308: In schedule 7, page 46, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 309: In schedule 8, page 46, line 17, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 310: In schedule 8, page 46, line 21, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 311: In schedule 8, page 46, line 25, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 312: In schedule 8, page 46, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 313: In schedule 8, page 46, line 32, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 315: In schedule 8, page 46, line 38, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 317: In schedule 8, page 47, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 319: In schedule 8, page 47, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 320: In schedule 8, page 47, line 13, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 321: In schedule 8, page 47, line 20, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 322: In schedule 8, page 47, line 23, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 323: In schedule 8, page 47, line 27, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

No 325: In schedule 8, page 47, line 31, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Photo of Lord Maurice Morrow Lord Maurice Morrow DUP

Although we have 275 amendments to debate in group 1, I do not intend to detain the House too long on this matter. The amendments all relate to a change in the title of the new office from "ombudsperson" to "ombudsman". The Ad Hoc Committee considered the use of the term "ombudsperson" in the Bill and noted that it was the intention of the Committee for OFMDFM that the name should be unambiguously gender-neutral. The Ad Hoc Committee received evidence from the International Ombudsman Institute, the International Ombudsman Association, and the Welsh and Irish Ombudsmen that the term "ombudsman" was already gender-neutral. The word is of Scandinavian origin, and its original meaning in Swedish is "representative". We received a research paper on the etymology of the term. We were advised that "ombudsman" was a trusted and recognised brand and that to change the title could cause confusion among the public.

The Committee for OFMDFM was content with our suggestion that the title of the office should be "ombudsman". Therefore, at Consideration Stage, the Ad Hoc Committee brought forward amendments to the first instance of the term in the Bill — that is, in clause 1 — and to the short and long titles. At the time, I said that, depending on the outcome of that stage, it was the Committee’s intention to table amendments at Further Consideration Stage to the other affected clauses. The Assembly clearly indicated at Consideration Stage that it was content to have the title "ombudsman", so the Ad Hoc Committee tabled the remaining necessary 275 amendments. I commend them to the House.

Photo of Alex Maskey Alex Maskey Sinn Féin

Go raibh maith agat, a Cheann Chomairle. I thank the Member for tabling the amendments and speaking to them. I will try to be brief on this matter, because there are a significant number of amendments, but they are designed to deal with the one issue, which is the name change.

Our view is quite simply that we would prefer the title to remain "ombudsperson". We understand the origin of the word "ombudsman" and the question relating to the gender issue and it being a gender-neutral word. By the same token, we believe that there has been an ongoing cultural change in the last number of years whereby people tend to move away from using the word "man", which most people here obviously accept has a gender definition. On that basis, we would prefer that the name remained "ombudsperson". We think that that is becoming much more prevalent in common parlance and the understanding of people throughout civic society. On that basis, we prefer to keep it that way and continue moving in that direction. Not only is it specifically related to this particular Bill, it is part of an ongoing, changing cultural public narrative around the use of gender definitions when people are addressed in the civic world. On that basis, a Cheann Comhairle, and we seek your guidance on this, we will oppose the amendments, but we have no desire to bring the House to Divisions on this matter. If we can go from what might be described as a "no", to a "low no", to a "no no", we are quite happy to do that. We seek your guidance on that matter.

Photo of Mike Nesbitt Mike Nesbitt UUP

On behalf of the Committee, I begin by again thanking Lord Morrow and his Ad Hoc Committee for the work that it has put in on the Northern Ireland Public Services Ombudsperson Bill (NIPSO). I would also like to indicate that the Committee for OFMDFM supports the Ad Hoc Committee's further name-change amendments. As Lord Morrow pointed out, research was commissioned into the etymology of the term "ombudsman", and it became clear that the history of the word suggests that it is not gender-specific, which may be counter-intuitive, taking on board the recent comments of Mr Maskey. In the end, the Committee for OFMDFM was satisfied that the term "ombudsman" is not gender-specific, and there was cross-party support for the amendments proposed by the Ad Hoc Committee, notwithstanding, once again, the contribution that we have just heard from Mr Maskey on behalf of Sinn Féin.

The Committee for OFMDFM's amendment No 87 makes a change from "Ombudsperson" to "Ombudsman", which the Ad Hoc Committee's amendment No 86 also deals with. So, I would be grateful if that particular Ad Hoc Committee amendment — amendment No 86 — to clause 33 were not moved, because the Committee for OFMDFM's amendment No 87 will make the change to clause 33 as desired by the Ad Hoc Committee.

Photo of Lord Maurice Morrow Lord Maurice Morrow DUP

I think that we have reached a new meaning of the word "no". It goes from "no" to "low no" to "no no". So I think that we have moved on in the Assembly today.

In summing up, I wish simply to point out that the term "ombudsman" is already gender-neutral and is recognised as such right around the world. The Ad Hoc Committee agreed to bring forward changes; the OFMDFM Committee was content for it to do so; and, at Consideration Stage, the Assembly agreed in principle to such change, making a number of specific amendments. It therefore follows that the Assembly should make the remaining amendments that flow from that decision.

In relation to the matter that Mr Nesbitt has raised, we will deal with it when we get to that particular amendment.

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

I will now put the Question on amendment No 1, to leave out "Ombudsperson" and insert "Ombudsman". The Marshalled List contains a large number of these amendments, and I remind Members that they have already disposed of a few of these amendments at Consideration Stage. I will put the Question, and, if it is clear to me what the majority of the House wants, I will make a call on that basis. If Members wish to record their position, then, obviously, they can challenge my judgement at that point.

Let us move on.

Amendment No 1 agreed to.

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Amendments Nos 2 to 11 have already been debated. With the leave of the Assembly, I will group these amendments for the Question.

Amendment No 2 made:

In page 1, line 6, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 3 made:

In page 1, line 8, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 2 (Independence)

Amendment No 4 made:

In page 1, line 10, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 5 made:

In page 2, line 2, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 6 made:

In page 2, line 5, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 7 made:

In page 2, line 7, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 3 (Appointment)

Amendment No 8 made:

In page 2, line 11, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 9 made:

In page 2, line 14, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 10 made:

In page 2, line 19, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 4 (Abolition of existing offices)

Amendment No 11 made:

In page 2, line 28, leave out "Ombudsperson" and insert "Ombudsman". — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

We now come to the second group of amendments for debate. With amendment No 12, it will be convenient to debate the other amendments in this group. These deal with procedural and technical amendments. Members should note that amendment No 12 is a paving amendment to amendment No 283.

Amendment No 289 is consequential to amendment No 288. Amendment No 295 is consequential to amendment No 294. I call the Chairperson of the OFMDFM Committee, Mr Nesbitt, to move amendment No 12 and to address the other amendments in the group.

Photo of Mike Nesbitt Mike Nesbitt UUP 1:00, 30 November 2015

I beg to move amendment No 12:

In page 2, line 28, after "transitional" insert "and savings" — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

The following amendments stood on the Marshalled List:

No 21: In clause 8, page 4, line 11, leave out "clinical or". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 28: In clause 12, page 5, line 5, leave out "First Minister and deputy First Minister acting jointly" and insert "Office of the First Minister and deputy First Minister". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 29: In clause 12, page 5, line 11, leave out paragraph (a). — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 35: In clause 16, page 6, line 36, leave out "general medical" and insert "primary medical". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 36: In clause 16, page 7, line 1, leave out "personal medical" and insert "primary medical". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 38: In clause 18, page 7, line 27, leave out "the". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 40: In clause 18, page 7, line 30, after "courses" insert "provided or". — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 43: In clause 19, page 8, line 13, leave out "First Minister and deputy First Minister acting jointly" and insert

<BR/>

&quot;Office of the First Minister and deputy First Minister&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 44: In clause 19, page 8, line 16, at end insert



&quot;(4) Before making an order under this section, the Office of the First Minister and deputy First Minister must consult the Ombudsman and any other person it thinks appropriate.&quot;.


— [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 52: In clause 22, page 9, line 13, at end insert



&quot;(3) Before making an order under this section, the Office of the First Minister and deputy First Minister must consult the Ombudsman and any other person it thinks appropriate.&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 87: In clause 33, page 13, line 3, leave out &quot;or any member of staff of the Ombudsperson&quot; and insert



&quot;, any member of staff of the Ombudsman or any person authorised in accordance with paragraph 14(2) of Schedule 1&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 106: In clause 38, page 15, line 7, leave out &quot;subsection (1) applies&quot; and insert



&quot;a listed authority has been notified in accordance with subsection (1)&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 139: In clause 46, page 17, line 34, leave out subsection (2). — [Mr Lunn.]

No 151: In clause 48, page 18, line 17, leave out paragraph (c) and insert



&quot;(c) publication by a person aggrieved, in the course of communication with the Ombudsman, of any statement made by the person aggrieved in connection with an investigation,&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 156: In clause 49, page 18, line 31, after &quot;information&quot; insert



&quot;obtained by the Ombudsman which is&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 157: In clause 49, page 18, line 32, after &quot;information&quot; insert



&quot;obtained by the Ombudsman which is&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 171: In clause 54, page 22, line 21, leave out &quot;clinical or&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 173: In clause 55, page 22, line 37, leave out &quot;clinical or&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 182: In clause 64, page 25, line 11, at end insert



&quot;(a) section 1 (including Schedule 1),


(b) section 3,&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 183: In clause 64, page 25, line 17, at end insert



&quot;(g) in Schedule 2, paragraphs 5, 11 and 12.&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 184: In clause 64, page 25, line 18, leave out subsection (3). — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 185: In clause 64, page 25, line 38, after &quot;to&quot; insert &quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 186: In clause 64, page 25, line 41, after &quot;Schedule 1 (&quot; insert &quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 208: In schedule 1, page 29, line 3, leave out &quot;appointed as&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 237: In schedule 1, page 31, line 1, leave out &quot;appointment of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 262: In schedule 2, page 33, line 7, leave out &quot;appointed&quot; and insert &quot;transfer&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 278: In schedule 2, page 36, line 2, after &quot;where the&quot; insert &quot;relevant&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 279: In schedule 2, page 36, line 8, leave out &quot;the&quot; and insert &quot;an&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 280: In schedule 2, page 36, line 10, leave out sub-paragraph (2) and insert



&quot;(2) On and after the transfer day, the complaint may be made or referred under this Act, and the provisions of this Act apply for the purposes of making, referring, investigating and dealing with that complaint, save that if the complaint is made or referred within the time period required under?—


 


(a) the Ombudsman (Northern Ireland) Order 1996, where the complaint could have been made or referred to the Assembly Ombudsman for Northern Ireland,


 


(b) the Commissioner for Complaints (Northern Ireland) Order 1996, where the complaint could have been made or referred to the Northern Ireland Commissioner for Complaints,


 


the complaint will be deemed to comply with the time period required under this Act.&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 283: In schedule 2, page 36, line 15, at end insert



&quot;COMMISSIONER FOR PUBLIC APPOINTMENTS


 


12.—(1) The repeal by this Act of the Commissioner for Complaints (Northern Ireland) Order 1996 does not affect the definition of “public appointment” in the Commissioner for Public Appointments (Northern Ireland) Order 1995.


 


(2) Sub-paragraph (1) does not affect the exercise of prerogative powers in respect of the Commissioner for Public Appointments referred to in section 23(3) of the Northern Ireland Act 1998.&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 284: In schedule 3, page 36, line 29, leave out from &quot;, a joint committee&quot; to end of line 31. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 285: In schedule 3, page 38, line 39, leave out



&quot;and any committee or sub-committee of a new town commission&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 286: In schedule 5, page 40, line 13, leave out &quot;56,&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 288: In schedule 5, page 40, line 31, after &quot;maladministration&quot; insert



&quot;and that such injustice has not been remedied, and&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 289: In schedule 5, page 40, line 32, leave out head (b). — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 294: In schedule 6, page 43, line 30, leave out heads (b) and (c). — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 295: In schedule 6, page 43, line 37, leave out &quot;sub-paragraph&quot; and insert &quot;sub-paragraphs (2) to&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 296: In schedule 6, page 43, line 39, at end insert



&quot;(f) in sub-paragraph (6) leave out ‘(4)’ and insert ‘(1)’.&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 298: In schedule 7, page 45, line 6, at end insert



&quot;and


(c) as if in section 31(5) the references to section 32(1) and (2) had no effect.&quot; — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 314: In schedule 8, page 46, line 35, after &quot;Equality Commission,&quot; insert



&quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 316: In schedule 8, page 47, line 1, after &quot;Northern Ireland department,&quot; insert



&quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 318: In schedule 8, page 47, line 7, after &quot;Northern Ireland department,&quot; insert



&quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 324: In schedule 8, page 47, line 29, after &quot;the Commissioner,&quot; insert



&quot;the board of governors of&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 326: In schedule 9, page 49, line 26, leave out &quot;paragraph 14&quot; and insert



&quot;








 



 


paragraphs 13 and 14


 


 



 


&quot; — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

No 327: In schedule 9, page 49, leave out from line 35 to the end of line 1 on page 50. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

Photo of Mike Nesbitt Mike Nesbitt UUP

The Committee has brought amendment No 12 in conjunction with amendment No 283, which ensures that the definition of "public appointment" in the Commissioner for Public Appointments (Northern Ireland) Order 1995 will not be affected by the repeal of the Commissioner for Complaints (Northern Ireland) Order 1996. The Commissioner for Public Appointments Order refers to the schedule to the Commissioner for Complaints Order. The effect is to save the schedule for the purposes of the public appointments legislation. As a result, it will be appropriate that the title to schedule 2 indicates that it includes savings provisions. Amendment No 12 changes the reference to the title of schedule 2, which appears in clause 4, to refer to "savings".

The Assembly agreed OFMDFM Committee amendments at Consideration Stage to remove references to "clinical judgement" in the context of health and social care so that the Bill would simply refer to "professional judgement", which will encompass "clinical judgement". Amendments Nos 21, 171 and 173 will therefore deal with three surviving references to "clinical", which can now be removed.

Amendment No 28 gives effect to a change recommended by the Examiner of Statutory Rules. It provides that the order-making power in clause 12 to amend schedule 3, which is the list of authorities within the NIPSO's remit, will lie, as is normal, with the Department and not with the Minister, or, in this case, with the Office of the First Minister and deputy First Minister, rather than with the two Ministers acting jointly.

Amendment No 43 makes a similar change to clause 19 in respect of the order-making powers to update schedule 4. Amendment No 44 to clause 19 requires that OFMDFM consult the NIPSO and any other person OFMDFM thinks appropriate before making such an order. Amendment No 52 makes a similar change to clause 22, which deals with schedule 5 — the schedule of excluded matters.

Amendment No 29 deals with clause 12(3), which places some limitations on the types of bodies that can be added to schedule 3 by OFMDFM order. One of the types of bodies that could be added was a Northern Ireland Department. This was needed when schedule 3 listed individual Departments by name. However, it now refers to them generically as "a Northern Ireland department". So, whatever name changes may ensue, any Northern Ireland Department will automatically be in the schedule of listed authorities, and clause 12(3)(a) is therefore no longer needed.

Amendments Nos 35 and 36 touch on clause 16 and update wording in light of changes to health legislation. Thus, references to "general medical services" and "personal medical services" will become "primary medical services". Amendment No 286 removes an out-of-date reference to health legislation in schedule 5 — the schedule of excluded matters.

Amendments Nos 38 and 40 touch on clause 18. Amendment No 38 removes the "the" in front of University of Ulster, and amendment No 40 makes it clear that students enrolled in courses provided by the universities are covered.

Amendment No 87 is to clause 33, which deals with obstruction and contempt of the NIPSO or any member of the NIPSO's staff. This amendment extends clause 33 to encompass any other person authorised by the NIPSO under paragraph 14(2) of schedule 1 and therefore not just the NIPSO's staff.

Amendment No 106 amends clause 38 to make explicit that the obligation for a listed authority to comply with a model of complaints-handling procedure — a model CHP — applies where the NIPSO has specified a listed authority to which a model CHP is relevant and has notified that authority accordingly.

Amendment No 139, tabled by Mr Lunn and Mr Maginness, has been considered by the OFMDFM Committee, which cannot support it. The amendment would remove entirely the power in clause 46 of the Bill for the NIPSO to lay before the Assembly a special report when injustice has been sustained by a person aggrieved and that injustice has not been, nor will be, remedied. The power for an ombudsman to make a special report to the legislature in such circumstances is common to all the UK ombudsmen. It would seem very strange, to say the least, if the Assembly were to establish an ombudsman with very effective powers of investigation yet, when the ombudsman finds that a person has suffered injustice that has not and will not be remedied, the ombudsman will be stripped of the power to lay a special report before the Assembly. Surely, the Assembly must be informed.

Particular concerns were raised by the British Medical Association and others during the Ad Hoc Committee's scrutiny of the Bill about the effect that the power might have on GPs and others. The OFMDFM Committee sought advice on those concerns, and we are confident that the power can be used appropriately by the NIPSO and in a way that is compatible with the convention rights of the listed authorities that may be affected. The OFMDFM Committee has also considered special reports that were issued by the Parliamentary and Health Service Ombudsman in England, which named a GP and a dentist. Some of the reports issued by the Scottish Public Services Ombudsman have, similarly, named individuals, and the world is still turning on its axis. Therefore, the OFMDFM Committee cannot support the amendment.

Amendment No 151 deals with clause 48 of the Bill, which affords protection from actions for defamation to facilitate the investigation of and reporting on complaints made by a person aggrieved. The amendment will ensure that the absolute privilege that is provided to the person aggrieved is limited to statements that are made in the course of communication with the ombudsman.

Amendment Nos 156 and 157 clarify that the information in question in clause 49(1)(b) and clause 49(1)(c) is information that is obtained by the ombudsman.

Amendment Nos 182, 183 and 184 touch on clause 64 of the Bill, which deals with commencement. The main purpose is to ensure that those provisions of the Bill that were to commence one month after Royal Assent will now commence on the day after Royal Assent and that all the necessary preparatory steps can be taken in the run-up to commencement of the substantive complaints and investigations provisions on 1 April 2016.

Amendments Nos 185, 186, 314, 316, 318 and 324 amend provisions where the Bill refers to grant-aided schools in line with the changes that were made at Consideration Stage; in other words, to refer to "the board of governors of" grant-aided schools.

Amendment Nos 208 and 237 remove references to the Northern Ireland Judicial Appointments Ombudsman being appointed, as there is no appointment as such. Rather, the person who is appointed as the NIPSO will automatically become the NIJAO.

Members may recall that references to "appointed day" were changed at Consideration Stage to "transfer day". However, one reference to "appointed day" survived and amendment No 262 deals with that omission.

Amendment Nos 278 and 279 make technical changes to paragraphs 9 and 10 of schedule 2.

Amendment No 280 will substitute paragraph 10(2) of schedule 2 to make transitional provision to avoid a person aggrieved being disadvantaged as a result of the change from a 12-month time limit for bringing a complaint to a six-month time limit.

Amendment Nos 284 and 285 remove some unnecessary references to committees in the list of authorities in schedule 3.

Amendment Nos 288 and 289 make technical changes to schedule 5.

Amendment Nos 294, 295 and 296 deal with schedule 6 to the Bill and amend provisions of schedule 3A to the Justice (Northern Ireland) Act 2002, which deal with reporting by the Judicial Appointments Ombudsman or NIJAO.

The Bill provides that the NIJAO is to lay an annual report before the Assembly. The effect of the amendments is to simplify the existing provision by the removal of the power to direct the NIJAO to deal with a matter in his or her annual report.

Amendment No 298 amends schedule 7 to the Bill, which deals with amendments to Part 9 of the Local Government Act (Northern Ireland) 2014. That provides for the investigation of complaints of breaches of the local government code of conduct. The power of the NIPSO under clause 31 to obtain information, documents and so on is borrowed by the Local Government Act for investigations under the local government code of conduct, with some qualifications, as set out in schedule 7. However, clause 31(5) refers to provisions in clause 32, and clause 32 does not apply to code of conduct investigations. The amendment makes it clear that clause 31(5) applies as if the references to clause 32 had no effect.

Amendment Nos 326 and 327 are to schedule 9 to the Bill, which deals with repeals. Amendment No 326 updates the repeals to the Justice (Northern Ireland) Act 2002 in light of changes in respect of the Judicial Appointments Ombudsman. Finally, amendment No 327 removes a repeal provision that is no longer necessary.

Photo of Lord Maurice Morrow Lord Maurice Morrow DUP

The Committee did not have sight of the amendments in this group prior to the formal clause-by-clause scrutiny and has, therefore, not taken a view on them. The Committee did, however, consider an issue that relates to amendment No 139 in the names of Mr Lunn and Mr Maginness, so I will briefly set out the Committee's position.

Amendment No 139 would have the effect of removing the ombudsman's power to lay a special report before the Assembly when an injustice has been sustained by a person aggrieved, and the injustice has not or will not be remedied or adequately remedied. The Committee considered that power and noted evidence that welcomed the provisions in what is now clause 46 as a means of strengthening the office of the ombudsman. Such evidence was received from the International Ombudsman Institute, the Law Society of Northern Ireland and the Northern Ireland Human Rights Commission. However, the Committee also noted the concerns of the Medical Defence Union and the British Medical Association that such a power could be construed as coercive and have significant reputational impact — for example, for a general practitioner.

The Committee gave careful consideration to those concerns. It noted that the Ombudsman (Northern Ireland) Order 1996 already provides that the ombudsman may lay a special report before the Assembly when an injustice has been sustained by a person as a result of maladministration, and that injustice has not been or will not be remedied.

The Committee also noted that the ombudsman, as a public authority, will be required by section 6 of the Human Rights Act 1998 to act in a manner that is compatible with rights under the European Convention on Human Rights, including article 6 on the right to a fair hearing and article 8 on the right to a private and family life, and to ensure that it discharges its functions in a manner that is procedurally fair. However, despite that, the Committee expressed concerns that that power could be construed as coercive and that such a report had the potential to have a detrimental impact on a medical practitioner. The Committee, therefore, recommended that the Committee for the Office of the First Minister and deputy First Minister, as sponsor of the Bill, should satisfy itself that there are proper safeguards and procedural fairness before any such power is exercised. However, having made that recommendation, the Committee was content with what is now clause 46.

Photo of Alex Maskey Alex Maskey Sinn Féin

Go raibh maith agat, a Cheann Comhairle. I have just a few words on this group of amendments. The Chairperson has dealt with amendment Nos 21, 171 and 173. For the record, as a party grouping, we were satisfied that taking out the word "clinical" was dealt with in previous discussions, but it has been replaced by "professional", so it is a consequential change necessitated by previous discussions. We are satisfied that the ability of the ombudsperson to do his or her job in the context of any professional issues that are raised is dealt with adequately in the Bill. As has been pointed out, our view is that amendment No 139 is completely superfluous to requirements, as it is dealt with elsewhere.

Photo of Alban Maginness Alban Maginness Social Democratic and Labour Party 1:15, 30 November 2015

I will deal specifically with amendment No 139, which Members who spoke previously have focused on. First, under article 19 of the Commissioner for Complaints (Northern Ireland) Order 1996, there is a provision in relation to reports to the Assembly. The Chair of the Ad Hoc Committee referred to that. It states:

"The Commissioner shall annually lay before the Assembly a general report on the performance of his functions under this Order and may from time to time lay such other reports before the Assembly as he thinks fit."

That may or may not include a special report. However, I do not believe that that particular article makes provision for a special report. We all accept that the annual report is the ordinary annual report that any public body would make to the Assembly. However, a special report to the Assembly is, I suppose, in common parlance, a name or shame type of report. In other words, a body or an individual, which is my concern here, may be named or shamed in that report. I believe that to be a very sensitive function, if it is to be carried out at all, for any ombudsman, and something that we have to look at closely in the round and scrutinise. We cannot just give blanket permission to an ombudsman to make a special report that could — as the Chair of the Ad Hoc Committee very fairly pointed out — have an adverse reputational impact. In other words, the person who is reported could well suffer quite significant reputational or professional damage. That is particularly so if a person is living in a small community such as a village or a small town. The Assembly must consider that very carefully today, because we must realise what power we are giving the ombudsman.

I know that the provision that we are looking at today, "Reports to the Assembly", is framed differently. Clause 46(2) states:

"If, after conducting an investigation (other than one under section 8)"

— I have no problem with the one under section 8 —

"it appears to the Ombudsperson that ... an injustice has been sustained by a person aggrieved, and ... the injustice has not been, or will not be, remedied or adequately remedied", the ombudsman may lay a special report before the Assembly.

I want to look at that particular subclause because, given the power that the Ombudsman's Office has, I am not convinced that there could be such an injustice that will not be adequately remedied. From reading the Bill, I understand that if a complaint is made against an individual — I refer particularly to medical practitioners — and a settlement is proposed by the ombudsman, who also makes certain recommendations, the person complained against does not have to accept those recommendations. However, in normal circumstances, the person complained about does accept the recommendations and a settlement is entered into — normally an apology, and maybe a sum of money.

In circumstances where the person complained against rejects that and says, "No. I am not going to do that, because I do not think that I have been found to be reprehensible", the complainant can go to the County Court. If I am wrong about that, let someone tell me. Previously, individual medical practitioners could not be brought to the County Court, but I believe that, under this Bill, they can be. If that is the case, where is the lack of remedy in relation to somebody whose complaint has been upheld? Why can that person not go to the County Court and get the necessary remedy? My point is that clause 46(2)(b) states:

"the injustice has not been, or will not be, remedied or adequately remedied".

I cannot understand the sense of that paragraph.

Photo of Mike Nesbitt Mike Nesbitt UUP

I thank Mr Maginness for giving way. I want to deal with the logic of the argument. The whole idea of having an ombudsperson or ombudsman is to avoid legal routes and stay out of the County Court, the High Court, the courts and the criminal justice system. It is an alternative procedure for settling disputes.

As Mr Maginness rightly says, this is a very sensitive function to be exercised by the NIPSO. He argues that blanket permission should not be given to the NIPSO to publish special reports. He is correct. In fact, and he quoted the relevant passage, there is no such thing as blanket permission. Rather, the NIPSO can lay a special report only if two criteria are met: first, he must be satisfied that an injustice has been sustained by the aggrieved person; and, secondly, he must be convinced that the injustice has not been, and will not be, adequately remedied by the person responsible for the individual being aggrieved. Only under those circumstances can he lay a special report.

Mr Maginness is quite right to highlight the reputational damage that could accrue to the individual GP, dentist or whomever is the subject of the special report. However, I ask Mr Maginness to recognise that it cuts both ways. If the NIPSO starts to lay special reports that end up causing reputational damage to his office, this body will not be slow, nor will the County Courts, to highlight the fact that the NIPSO is doing so without due care and consideration. That would cause massive reputational damage to the NIPSO.

Photo of Alban Maginness Alban Maginness Social Democratic and Labour Party

Yes, and I take the latter point that you made. With regard to the current ombudsman, there is no suggestion that there would be anything other than a proper and thorough report that was fairly and properly carried out. I pay tribute to the current holder of the office because he has carried out a very good job that we should all applaud. However, we are making law. We are not giving a character reference for any individual or body. We have to make law that meets the concerns of everybody, and we have to strike a balance. As I understand it, article 19 allows for a report to the Assembly under the 1996 Order. This, however, is a new element: it reflects article 19, but it is a new element and means a special report. I will come to that in a minute.

I want to go back to the point that you made about injustice. Yes, injustice is the first leg of this aspect; the second leg is that that injustice has not been adequately remedied. I go back to the original point that a person can go to court and receive the proper relief that that person deserves in the court, whether it be money, an apology or whatever the terms that are concerned. That is an important feature. It is a unique feature of the ombudsman's office here in Northern Ireland; that power does not exist elsewhere. That power is there for a specific reason. If a settlement does not come into being, if it is not accepted by the person complained about, the complainant can go to the County Court and get a remedy. Whenever the person goes to the County Court, you do not have to rehearse all the evidence that has been derived in the case. The evidence of the ombudsman is sufficient to establish the claim in the County Court. You are effectively talking about a monetary element that the court can determine so that it is just and right in all circumstances.

The point that I make is that the power that we have here as far as the County Court is concerned is unique and is also very easy to access. The County Court is not like the High Court; you just go to the County Court, and the hearing takes place. It is a fairly straightforward process. On the point that I made about article 19, it seems to me that, under clause 46, this is in fact a new power. I do not understand why this new power is being introduced.

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Thank you. I call — sorry.

Photo of Mike Nesbitt Mike Nesbitt UUP

I think that the Member has given way rather than completed his —

Photo of Mike Nesbitt Mike Nesbitt UUP

I have a couple of follow-up points. First, we are trying to put a NIPSO in place as an alternative to the law courts. If a GP, or whoever, is subject to a special report, the aggrieved person can go to the County Court, but it is at their own expense and risk. We are trying to avoid that; we are trying to offer an alternative process through the NIPSO. When the Committee considered the proposed amendment from Mr Lunn and Mr Maginness, we were conscious that the NIPSO will have to operate with due consideration for convention rights. There will have to be a sturdy and robust consideration of whether it is proper for the NIPSO to bring forward a special report. There are safeguards before publication. There is then the consideration of the reputational risk that the NIPSO is bringing upon themselves should they go down this extraordinary route.

My final point is that recourse to the County Court is held by the current Commissioner for Complaints rather than by the ombudsman. With the Bill, we were trying to bring together the two offices to offer something much more modern and easily understood by the public. The Committee also took a policy decision that, where there is a difference in the powers of the ombudsman and the Commissioner for Complaints, we would always level up in favour of the consumer, the voter, the electorate or the citizen.

Photo of Alban Maginness Alban Maginness Social Democratic and Labour Party

I accept the point that you are making. The Bill is an attempt to do that. All that I am saying is that I think that, in this instance, we are going too far in relation to special reports. As far as the person going to the County Court is concerned, they go, as far as I can see, at no risk whatsoever in legal terms. It may have a cost risk, but I cannot see how any order of costs would be given against the person because their case will be successful in any event. So I do not really regard that as issue.

Let us go to the point that Mr Nesbitt made in his submission as Chair of the OFMDFM Committee.

Articles 6 and 8 of the European Convention are involved in this. Article 6, the right to a fair trial, is engaged. It is not a trial in the sense that you go to court and are in front of a judge and jury, and so forth; it is a trial in the sense that your actions are being arbitrated upon. Therefore, it is very important, when we give these sorts of powers, that we look at them very carefully and seek to protect article 6 rights, as well as article 8 rights, the right to a private life, a family and so forth. All those things need to be protected. It is insufficient for us, as an Assembly, to say, "Well, we'll leave it up to somebody else to do this". That is, effectively, what we are doing. There is nothing in the Bill, in relation to this provision, that provides adequate safeguards. If there were adequate safeguards in the Bill, there might be no need to remove this, but that is an additional point.

To be fair to the current ombudsman and his office, they have said that the special reports could be anonymised and that that would protect the identify of the individual involved. We live in a very, very small and close-knit society, and it does not take very much for an individual to be clearly identified, even if the name or names of some individuals are not disclosed. So, despite anonymisation, there is still a problem. I accept the bona fides of the current ombudsman when he says that he assumes that his office would continue to view this in the same manner. I have no doubt about that; but he cannot vouch for somebody else who will be his successor.

As Lord Morrow pointed out, this is, in effect, coercive, or could be coercive, but not in all circumstances; the potential is there. We have to protect against that. I simply say to the Assembly that there are not sufficient safeguards here to protect the individual, and we risk the creation of an adverse impact on somebody's professional or reputational standing. I do not think that that is good enough for us as an Assembly. We should be good legislators; we should scrutinise things carefully, and we should be protective. I am very jealous and protective of the rights of complainants. Their rights should be protected. However, I do not see how this provision advances the rights of any complainant when they have an alternative and sufficient remedy — a remedy that does not exist in any other jurisdiction within these islands. That is why I and Mr Lunn, who also served on the Ad Hoc Committee, have brought this amendment. We know that we are up against it; nonetheless, we think that the merits of the amendment are on our side. We hope that the Assembly will reasonably and rationally consider what we say, because we believe that the amendment is important in protecting individual practitioners. We are not protecting the big trusts and big public organisations. They are not protected, but the individual should be protected. Thank you.

Photo of Trevor Lunn Trevor Lunn Alliance 1:30, 30 November 2015

I will try not to repeat everything that Mr Maginness said, but it would probably make for another good speech. I must say that I agree with Lord Morrow that the Ad Hoc Committee, certainly initially, did have a certain amount of sympathy for this particular proposed amendment. As a Committee, I am not so sure that we agreed not to run with an amendment. We kind of agreed that the primary Committee on this would be the Committee for the Office of the First Minister and the deputy First Minister, and we tacitly accepted what its attitude would be. My problem with it and the reason why I pushed it at the Ad Hoc Committee and since is, frankly, this: what is the point of clause 46(2)? Mr Maginness mentioned naming and shaming. That is descriptive language, but it is perhaps not far off the mark here.

In a way, clause 46 relates to another amendment that we will probably come to in the next group. If I may, I will just refer obliquely to it. It is amendment No 75 on representation at the ombudsman's hearing. You could have a situation — we are really speaking about the medical profession — where a doctor is brought before the ombudsman because of a complaint. At the moment, it is at the ombudsman's discretion whether he is allowed to have legal representation or not. That is a discussion for another day. It may well be that you will have an ombudsman's hearing involving a complaint against a general practitioner, doctor or dentist where there has not been legal representation. As Mr Maginness, rightly, says, there are legal remedies if the injustice is not or will not be remedied or adequately remedied in the opinion of the ombudsman. The complainant has the option, as he would have had in the first place, to go to the County Court and seek redress, bearing in mind that the ombudsman's decision is a recommendation, not a ruling or an award.

I am more concerned about the situation around whom I call "the defendant" in these situations — the doctor who is complained against — and his rights. I probably keep on saying "he", but I mean he or she. I do not think that Mr Maginness mentioned it, but the redress that that doctor would have is that they can seek judicial review of the ombudsman's decision. On either side of the discussion, legal redress is already available. There is actually a judicial review pending on quite a serious case. I think that it is JR 55 if anybody wants to keep track of it. It is not coming up until March 2016. It involves a considerable sum of money and the potential for considerable reputational damage, but the person who has been complained against feels strongly enough to take it to judicial review.

I agree with some of the things that Mr Nesbitt said. The idea here is not to drive people into court but to keep people out of court. That is fair enough; it is what the ombudsman's procedure is for. The ombudsman has the ability and power to make a recommendation for an amount, which I believe is unlimited at the moment. His procedure may not be a court in the legal sense of the word, but it has the status of a court, and it certainly has the ability to do as much damage. It could potentially damage the reputation of a defendant as severely as a court. I do not mean that in a disrespectful way to the present ombudsman, who I think has done a terrific job in his tenure.

Clause 46, first of all, states that:

"The Ombudsperson must lay before the Assembly annually a general report".

Nobody is arguing with that. We do not have a problem with investigations under section 8, which, for the uninitiated, are investigations that the ombudsman has brought on his own initiative. Nobody has referred to subsection (4) of clause 46, which states that:

"The Ombudsperson may lay before the Assembly such other reports on the exercise of the Ombudsperson's functions as the Ombudsperson thinks fit."

That is pretty wide.

I go back to subsection (2), which is the one that we would like to see removed. The effect of it would be that, if the ombudsman thinks that redress is not being provided or is not likely to be provided, he can do a special report to the Assembly and whether it is anonymised, redacted or otherwise it does not make a lot of difference. Mr Maginness is right; in the small country we live in, it is difficult to conceal identities. The effect would be that the report, I believe, in the case of a medical situation, would come to the Health Committee. What on earth is the Health Committee supposed to do with such a report? I will give way to anybody who wants to tell me. All the Committee can do is note the report; it cannot enforce it. It can comment on it, but you would like to think that, in the case of potential reputational damage, it might not wish to comment on the report. The fact is that the action of the ombudsman passing a special report, only on a very special occasion, greatly adds to the weight and effect of the action of having done it. The report goes to the Health Committee, and what is it supposed to do?

The only thing that such an action has the potential to do is to put pressure on the person who was complained against to settle, even though they do not feel that the ombudsman's decision was correct. I am thinking more of the ombudsman, but you could have a situation where a defendant has decided to go to judicial review and, at the same time, perhaps, the ombudsman is preparing a special report. I do not think that there is any need for this. I take note of the fact that other jurisdictions seem to see it differently, but frankly, Mr Speaker, it would not be the first time that we had gone against the practice of other jurisdictions; in fact, we make quite a habit of it here. It is not so important from that point of view.

Photo of Mike Nesbitt Mike Nesbitt UUP

I thank Mr Lunn for giving way. I just want to make a couple of points, beginning with his last assertion. He has acknowledged that, if we were to remove the subsection, we would be out of step with ombudsmen in adjacent jurisdictions. Is he aware of any pressure coming in any of those jurisdictions to remove the ability of the other ombudsmen to make special reports? The OFMDFM Committee is not aware of any such pressure.

Perhaps Mr Lunn can tell us whether there would be an enhanced or diminished degree of reputational damage if the aggrieved person were to go to the County Court and prevail over the GP, dentist or whomever they have a grievance against, as opposed to that person being named in a special report to the House. It seems to me that, if you go to a County Court and you lose, the reputational damage will be absolutely massive together with, potentially, some punitive costs.

Finally, Mr Lunn referred to JR 55, which the Committee has considered on a number of occasions. We do not know the outcome as yet, but we know that it is being judged against a different law, so there will be no implications from JR 55 if the NIPSO Bill becomes law.

Photo of Trevor Lunn Trevor Lunn Alliance

I thank Mr Nesbitt for that. As far as the comparison with somebody going to the County Court is concerned, let us put it the other way round. If somebody wants to make a complaint against a doctor, they can do it through the County Court. They do not need to go through the ombudsman. If they go to the ombudsman and the complainant feels aggrieved that the recommended redress has not been provided, obviously they can go to the County Court. Anybody who goes to the County Court in this country would be well aware that they have no protection from publicity or reputational damage. That would be a decision for the doctor, GP, dentist or whomever to make. They would have to make the decision whether the ombudsman was involved or not.

I do not see the point of this step — this link in the chain — where the ombudsman can effectively put pressure on a defendant to settle rather than run the risk of going to the County Court. It does not seem necessary. You are leaning forward, Mr Maginness.

Photo of Alban Maginness Alban Maginness Social Democratic and Labour Party 1:45, 30 November 2015

I thank the Member for giving way. Mr Nesbitt raised a point about other jurisdictions that have the power to make a special report, but those jurisdictions do not have the power that currently resides with the ombudsman in our legislation. If the person or body complained about does not settle, the complainant can go to the County Court. No other jurisdiction has that power, and that is a very good reason to make us an exception.

Photo of Trevor Lunn Trevor Lunn Alliance

I thank Mr Maginness for that: it probably illustrates why he is a barrister and I am not. The point is well made. I will go back to it, but I will not keep talking for the sake of it. I would rather listen to people justify why the clause has to be included than have us try to justify why it should be excluded. The weight of argument and the weight of legal reasoning are on our side. The weight of opinion on the Committee for the Office of the First Minister and deputy First Minister and perhaps, eventually, the Ad Hoc Committee is that the subsection is in some way harmless, but I would like to think that we have demonstrated that it has the potential to be far from harmless. I keep going back to the point that there is no need for it. Somebody justify to me why it needs to be in there, rather than the other way around.

I was going to stop, but I will give way to you.

Photo of Mike Nesbitt Mike Nesbitt UUP

I thank Mr Lunn. I will have one more go at this: the rationale behind having a Public Services Ombudsman is that we are providing an alternative to the courts. You have conceded that the person who is complained about has no protection from adverse publicity if they end up in the County Court. We are trying to offer an alternative to that, and we feel that there is a value in the person complained about, where the ombudsman says that they are responsible for an injustice and have not remedied and will not remedy that injustice, having the prospect of knowing that they could be named in a special report.

Photo of Trevor Lunn Trevor Lunn Alliance

In 95 cases out of 100, the clause will not have to be invoked, and they are not all medical situations. I would like to think that it will never have to be used. However, there are bound to be situations in which a defending doctor feels aggrieved about the outcome of an ombudsman's investigation and perhaps about the size of the award or the amount of redress, which, as somebody already said, could extend from a handshake and an apology to a five-figure sum of money changing hands.

As I started off by saying, in the legislation as it is framed, there might not have been an opportunity for legal representation. I do not want to talk about another clause when Members should be talking about this one, but, that having been said, the ombudsman currently has the discretion to allow for legal representation. Halfway through his own process, he might decide that that is necessary, by which time the defendant might have done himself some disservice with the outcome, which he might not have done had he had legal advice. The two things are linked, if you do not mind me linking them publicly.

I cannot think of much else to say. I really believe that this is an unnecessary clause in otherwise good legislation. I have no quarrel with any other amendment that I am aware of, except perhaps amendment No 75, which we will come to. I hope that the House will think about clause 46, and, if anyone else is going to speak to it, I would like to hear their justification for including it.

Photo of Chris Lyttle Chris Lyttle Alliance

The Chair of the Committee for the Office of the First Minister and deputy First Minister has set out clearly the Committee amendments. They are largely technical in nature and will improve definitions and processes that will be created by the Bill. He also set out clearly the Committee's position with regard to amendment No 139. I therefore commend the Committee for OFMDFM's positions on the amendments to the Assembly.

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Thank you. That was short and sweet.

Amendment No 12 agreed to.

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Amendment Nos 13 to 20 have already been debated. By leave of the Assembly, I will group the amendments for the Question.

Clause 5 (Power to investigate complaints made by a person aggrieved)

Amendment No 13 made:

In page 2, line 34, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 6 (Power to investigate complaints referred by a listed authority)

Amendment No 14 made:

In page 3, line 10, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 7 (Acting on behalf of a person aggrieved)

Amendment No 15 made:

In page 3, line 28, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 16 made:

In page 3, line 31, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 17 made:

In page 3, line 33, leave out first &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 18 made:

In page 3, line 33, leave out second &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 8 (Power to investigate on own initiative)

Amendment No 19 made:

In page 3, line 39, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 20 made:

In page 4, line 7, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 21 made:

In page 4, line 11, leave out &quot;clinical or&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

Amendment Nos 22 to 27 have already been debated. By leave of the Assembly, I will group the amendments for the Question.

Clause 9 (Criteria for own initiative investigations)

Amendment No 22 made:

In page 4, line 16, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 23 made:

In page 4, line 19, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 10 (Alternative resolution of complaints)

Amendment No 24 made:

In page 4, line 21, leave out first &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 25 made:

In page 4, line 21, leave out second &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Amendment No 26 made:

In page 4, line 24, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 11 (Purposes of investigation)

Amendment No 27 made:

In page 4, line 32, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Clause 12 (Listed authorities)

Amendment No 28 made:

In page 5, line 5, leave out &quot;First Minister and deputy First Minister acting jointly&quot; and insert &quot;Office of the First Minister and deputy First Minister&quot;. — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

Amendment No 29 made:

In page 5, line 11, leave out paragraph (a). — [Mr Nesbitt (The Chairperson of the Committee for the Office of the First Minister and deputy First Minister).]

Amendment No 30 made:

In page 5, line 33, leave out &quot;Ombudsperson&quot; and insert &quot;Ombudsman&quot;. — [Lord Morrow (The Chairperson of the Ad Hoc Committee on the Public Services Ombudsperson Bill).]

Photo of Mitchel McLaughlin Mitchel McLaughlin Speaker

The next item on the Order Paper is Question Time. I therefore propose, by leave of the Assembly, to suspend the sitting until 2.00 pm.

The debate stood suspended. The sitting was suspended at 1.53 pm.

On resuming (Mr Principal Deputy Speaker [Mr Newton] in the Chair) —