Parliamentary Commissioner for Administration

Part of the debate – in the House of Commons at 12:00 am on 1 December 1978.

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Photo of Mr Charles Morris Mr Charles Morris , Manchester Openshaw 12:00, 1 December 1978

At the outset, I wish to associate myself with those who have expressed appreciation to the hon. and learned Member for Colchester (Mr. Buck), for the opportunity that his motion provides to debate the work of the Parliamentary Commissioner for Administration and Health Service Commissioner. Equally, I am conscious that the hon. and learned Gentleman has, over a number of years, made a signal contribution to the work of the Select Committee on the Parliamentary Commissioner, both as a founder member and latterly as Chairman of the Committee itself. I am delighted also to see so many other founder members of the Select Committee present for the debate.

The PCA and Health Service Commissioner has over the years proved himself to be a valuable weapon in the armoury of the individual citizen, in what some may regard as the unending struggle against injustice and maladministration by unthinking bureaucracy.

These words may sound somewhat odd coming from a Minister with responsibility for the Civil Service, but the benefit that Government draws from an effective Parliamentary Commissioner for Administration system derives not just from the handling of the individual cases investigated by the Commissioner but from the lessons for good administration of a more general kind which can sometimes be learned and applied from such cases. This is one of the main reasons why individual PCA cases are taken so seriously and given such priority by Civil Service Departments.

I am aware of the suggestion that too much time and effort is devoted to particular investigations. The Government believe that although while obviously the amount of time given will vary according to circumstances, there is a great advantage in dealing with cases in the most thorough and careful manner.

The hon. and learned Member for Dar-wen (Mr. Fletcher-Cooke) referred to the need for the active co-operation betweeen the individual civil servants of a Department and the Parliamentary Commissioner. He referred to what he thought was the unusual situation that individual commissioners who had a Civil Service background seemed to get more co-operation from the Department from which they emanated. I should like to think that that was a happy coincidence rather than an intention, because I hope that every Department's civil servants would actively co-operate with any Commissioner.

The principal officer of individual Departments of State is directly involved in PCA cases and he takes the responsibility for considering any wider implications for his Department The benefit of this is that he can judge whether individual cases reveal more general shortcomings in administration and, with the backing of his Minister, can take steps to put the matter right.

The time is certainly right for the kind of thorough review of fundamental aspects of the system that the Select Committee has undertaken. It is over 10 years since a Labour Government set up this system under the Parliamentary Commissioner Act of 1967. They saw it then as a significant step in our constitutional arrangements and believed that it would provide an important safeguard for the citizen who felt that he had sustained injustice or hardship as a result of administrative action by Government Departments.

As was said by the hon. Member for St. Marylebone (Mr. Baker), at that time there were many critics, and during the early years of the PCA's operations some thought that the Commissioner would not provide an effective instrument for dealing with complaints. It was argued then that he would not be able to stand up to powerful Government Departments, but as the system has developed over the last decade it has demonstrated beyond any doubt that those early misgivings have been wholly misplaced. The office of the PCA has clearly established itself as a formidable defender of the interests of the individual citizen and a valuable supporter of Members of Parliament in their vital task of representing their constituents and ensuring that they receive equitable treatment from Government Departments. It is therefore right that the system should be reviewed from time to time. There will always be a need to see whether there is scope for strengthening and improving it. This is an appropriate point to recognise the success to which the imaginative move to establish a PCA has led.

The background to the establishment of an Ombudsman was the increasing concern, in the late 1950s and the 1960s, about the impact on the individual citizen of the widening scope of Government activity and a greater volume of complaints about the insensitivity of departmental administration. Parliament had always been seen as the main channel for representing the citizens' interests, but notice was also being taken at that time of the ombudsman system in Scandinavia, especially in Sweden.

The Whyatt Report of 1961 by Justice helped focus public discussion of this question. That report centred on the best way to adapt the ombudsman system to fit our constitutional arrangements, and particularly the key role of Parliament as the vehicle for redress of grievances of the citizen. The scheme introduced in 1967 was designed to meet this objective, and, as was made clear during the Second Reading debate on the Bill, it was envisaged that the Commissioner should supplement rather than supplant Members of Parliament as protectors of the rights of individuals. The importance of Members acting as a screen for complaints was emphasised. I will return to this question shortly, but it is important that we bear in mind this background and, in particular, the parliamentary nature of our version of the Ombudsman when we consider proposals for change.

A great deal of the credit for the successful development of the PCA office must go to the three successive Commissioners, and I am grateful to the honourable and learned Gentleman for making specific reference in the terms of his motion. In different ways, each has made a notible contribution to the enhancement of the office and its effectiveness in its work on behalf of the individual citizen.

This is an excellent opportunity to pay tribute to the work that each of those Commissioners has done, and particularly to support the tribute that Mr. Speaker paid this morning. I also support the comments of the Prime Minister and his tribute to the present Commissioner, Sir Idwal Pugh, who will be retiring at the end of this year. Equally, I wish to join those who have congratulated Mr. Clothier on his appointment to succeed Sir Idwal as Commissioner and to wish him well in his arduous and challenging role.

Mr. Clothier's appointment is significant, because it is the first under the new procedures outlined by the Government in the White Paper of March 1977. The appointment also reflects the Government's undertaking in that White Paper that as, to date, the three appointees have been from the Civil Service, the next Commissioner should be someone with substantially different experience. The Government believe that the appointment of the new Commissioner achieves the objective that successive holders should bring to the office diverse but relevant experience.

The Government welcome a strong and effective Parliamentary Commissioner as a key element in helping to ensure fair and efficient departmental administration. The hon. and learned Member for Colchester referred to the conclusion in the Select Committee's report that the PCA should be given more general powers of inspection of particular areas of departmental administration, so that general improvements can be achieved. The Government will consider that point along with the others made by the Select Committee—[HON. MEMBERS:"When?"]—and those that have been made during this debate. The Government will comment in due course.