Chamber
Plenary, 31 Jan 2002
31 Jan 2002 · S1 · Plenary
Item of business
Scottish Public Sector Ombudsman Bill: Stage 1
Having just got used to speaking for a lot less time than usual, I will try, primarily in the interests of my colleagues' well-being, not to be tempted by the Presiding Officer's suggestion of going on for an infinite period.
I very much welcome the bill as part of our on-going commitment to modernising government. The creation of a Scottish public sector ombudsman, who will bring together the existing ombudsmen for health, housing, local government and the Parliament, will establish a simple one-door approach for the public. It is good that there will be less bureaucratic clutter, but the real potential is for an open, accountable and accessible system that will deal with people's complaints about maladministration in the public sector. I particularly welcome the steps to make the process more accessible to those who are disadvantaged, as a result of disability or a lack of literacy, for example, so that the process is truly open to all.
I will focus my comments on the housing aspects of the new service. I have a minor point on the terminology that is used, which has been mentioned. The bill's title refers to the "Public Sector Ombudsman". Housing associations are not public sector bodies; they are governed by the requirements placed on them by friendly societies. Therefore, the bill's title does not reflect the full range of organisations that could be subject to investigation. That lack of clarity might lead to confusion among tenants. I have no doubt that that issue can be resolved by publicising the nature of the service. However, the Executive is recognising the value and the potential of mutual and social economy organisations and we should reflect that diversity in the bill's title. The Local Government Committee suggested a minor change to make the bill's title more inclusive. I welcome the minister's positive comments about considering that matter again before stage 2.
My second point, which is perhaps more substantive, is on the ombudsman's investigative powers. Trish Godman and others have eloquently dealt with the issue, but I will repeat some of their points. The housing association ombudsman's remit currently extends beyond cases of maladministration to possible cases of injustice. The health service ombudsman has a similarly wide remit. However, the other ombudsmen focus solely on maladministration. I can foresee potential difficulties with that situation because of the increasing focus on multidisciplinary working. We could end up creating an unhelpful and unnecessary obstacle to the ombudsman's fully investigating an issue.
If we descend into technical arguments about who has the power to do what and in what circumstances, that will not be in the complainer's interests and it will not help us to fulfil our intentions. A consistent set of powers across all the functions is therefore essential. I ask the minister to reflect further on that issue. We believe in first-class public services, so we should give the ombudsman the flexibility to deal with injustice and service failure beyond the narrow definitions of maladministration.
I very much welcome the bill as part of our on-going commitment to modernising government. The creation of a Scottish public sector ombudsman, who will bring together the existing ombudsmen for health, housing, local government and the Parliament, will establish a simple one-door approach for the public. It is good that there will be less bureaucratic clutter, but the real potential is for an open, accountable and accessible system that will deal with people's complaints about maladministration in the public sector. I particularly welcome the steps to make the process more accessible to those who are disadvantaged, as a result of disability or a lack of literacy, for example, so that the process is truly open to all.
I will focus my comments on the housing aspects of the new service. I have a minor point on the terminology that is used, which has been mentioned. The bill's title refers to the "Public Sector Ombudsman". Housing associations are not public sector bodies; they are governed by the requirements placed on them by friendly societies. Therefore, the bill's title does not reflect the full range of organisations that could be subject to investigation. That lack of clarity might lead to confusion among tenants. I have no doubt that that issue can be resolved by publicising the nature of the service. However, the Executive is recognising the value and the potential of mutual and social economy organisations and we should reflect that diversity in the bill's title. The Local Government Committee suggested a minor change to make the bill's title more inclusive. I welcome the minister's positive comments about considering that matter again before stage 2.
My second point, which is perhaps more substantive, is on the ombudsman's investigative powers. Trish Godman and others have eloquently dealt with the issue, but I will repeat some of their points. The housing association ombudsman's remit currently extends beyond cases of maladministration to possible cases of injustice. The health service ombudsman has a similarly wide remit. However, the other ombudsmen focus solely on maladministration. I can foresee potential difficulties with that situation because of the increasing focus on multidisciplinary working. We could end up creating an unhelpful and unnecessary obstacle to the ombudsman's fully investigating an issue.
If we descend into technical arguments about who has the power to do what and in what circumstances, that will not be in the complainer's interests and it will not help us to fulfil our intentions. A consistent set of powers across all the functions is therefore essential. I ask the minister to reflect further on that issue. We believe in first-class public services, so we should give the ombudsman the flexibility to deal with injustice and service failure beyond the narrow definitions of maladministration.
In the same item of business
The Minister for Finance and Public Services (Mr Andy Kerr):
Lab
As the minister with responsibility for public services, I especially welcome the opportunity to debate the Scottish Public Sector Ombudsman Bill. The bill i...
Mary Scanlon (Highlands and Islands) (Con):
Con
I seek clarification from the minister. I am confused about what will happen if someone complains about a social worker. Will they complain to the Scottish S...
Mr Kerr:
Lab
I will try to address that point now and perhaps follow it up by correspondence. In the first instance, the internal measures and mechanisms that are availab...
Tricia Marwick (Mid Scotland and Fife) (SNP):
SNP
As the minister said, the aim of the bill is to establish a public sector complaints system that is open, accountable, easily accessible to all and that has ...
Mr Keith Harding (Mid Scotland and Fife) (Con):
Con
I am about to make a comment that the Presiding Officer will not hear often from an MSP. I am disappointed that I have been allocated 12 minutes to speak in ...
The Deputy Minister for Finance and Public Services (Peter Peacock):
Lab
So are we. Laughter.
Mr Harding:
Con
It's the way he tells them.The truth is that a serious issue is involved in the way that we use our parliamentary time. This morning, we are to use two and a...
Janis Hughes (Glasgow Rutherglen) (Lab):
Lab
The member will be aware of the evidence that was taken by the Health and Community Care Committee, which showed that bodies such as the Mental Welfare Commi...
Mr Harding:
Con
I thank Janis Hughes for repeating some of the evidence that was given to the Health and Community Care Committee. The Conservatives took that evidence into ...
Iain Smith (North-East Fife) (LD):
LD
Like other members who have spoken, I am concerned about the amount of time that I have been allocated. I assure the Presiding Officer that I do not intend t...
The Deputy Presiding Officer (Mr George Reid):
SNP
We will be finished this morning by about 11.40—which is 50 minutes early. I ask the business managers to take note of that.
Iain Smith:
LD
Thank you, Presiding Officer.This is an important bill, which merits a decent stage 1 debate. I hope that we have such a debate, even if we do not fill the t...
The Deputy Presiding Officer:
SNP
I call Trish Godman, who may if she wishes have an infinity of time. However, it is my intention to suspend the meeting at about 11.40.
Trish Godman (West Renfrewshire) (Lab):
Lab
Thank you, Presiding Officer. That is the first time that I have been told that I can speak for as long as I like. The Local Government Committee was in the ...
Ms Sandra White (Glasgow) (SNP):
SNP
I congratulate Trish Godman on her speech. She has taken seven minutes, which might cut my time by about two minutes. She raised some of the points that I wa...
Dr Sylvia Jackson (Stirling) (Lab):
Lab
At this stage of the debate, it is difficult to be original, but I will try my best.Members have not really dealt with consultation. The Executive undertook ...
Mary Scanlon (Highlands and Islands) (Con):
Con
Members may think that the bill is fairly straightforward, but we should not forget those who are pursuing complaints in the system. As Sylvia Jackson spoke,...
Trish Godman:
Lab
I have a point of clarification. My understanding is that the purpose of the one-stop shop is precisely to overcome such problems. We will not identify deput...
Mary Scanlon:
Con
Yes, so did I. My evidence comes from the Mental Welfare Commission and others who felt that, when the commission examined a complaint, it examined it as a w...
Jackie Baillie (Dumbarton) (Lab):
Lab
Having just got used to speaking for a lot less time than usual, I will try, primarily in the interests of my colleagues' well-being, not to be tempted by th...
Dr Sylvia Jackson:
Lab
What is the member's view of what the minister said about the broader interpretation of the word "maladministration" and of the difficulties in some areas, p...
Jackie Baillie:
Lab
I accept that there are difficulties in taking wider views, but if our primary objective is to ensure that there are first-class public services, we should r...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
I welcome the opportunity to speak in this debate. I am impressed by the work that the Local Government Committee has done. We have received yet another stag...
The Deputy Presiding Officer:
SNP
Before we move to closing speeches, I ask members who want to speak in the next debate—the mini-debate on procedures—to be in the chamber an hour early, at 1...
Donald Gorrie (Central Scotland) (LD):
LD
I welcome the bill. It is a great step forward to bring several ombudsmen's tasks together in one group. The bill also goes some way towards widening and inc...
Murdo Fraser (Mid Scotland and Fife) (Con):
Con
The Scottish Conservatives welcome the bill for the reasons that Keith Harding set out. The bill is not particularly controversial. I have a few brief points...
Mr Duncan McNeil (Greenock and Inverclyde) (Lab):
Lab
What issues would the member like to debate in the chamber?
Murdo Fraser:
Con
We could talk about the state of the national health service and the fall in the number of nurses in Scotland that was announced last week. We could talk abo...
Linda Fabiani (Central Scotland) (SNP):
SNP
I was caught short by Murdo Fraser's brevity.On this occasion, I have a certain sympathy with the decision to debate the matter for only so long because ther...
The Deputy Minister for Finance and Public Services (Peter Peacock):
Lab
Tricia Marwick had the courtesy to send us a note to explain why she was leaving the debate. I am sorry that she is unwell.I welcome the all-party support fo...