Hansard

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 stage 1 report from the committee, which these days seems to be on as often as "Coronation Street". Perhaps the masses do not follow the committee quite so faithfully, but it is probably as important.

I congratulate the committee on its clear and helpful report and I note its capacity to generate reports that enjoy consensus in the Parliament. It is significant that we can tackle issues on which we are agreed and that we can carry out our work accordingly. That underlines the importance of the Parliament's committees. It is essential that they are properly supported in carrying out their important work.

The consultation on the bill is regarded as having been effective. That is important, because the quality of the consultation that the Executive carries out is developing as a key issue both locally—in my constituency—and among organisations with which the Social Justice Committee comes into contact. In some cases, there is a feeling that consultation, although it is taking place, is not a genuine dialogue. This is a good example of the importance of real consultation with those who have an interest in the subject.

Complaints against public bodies feature strongly in my casework, and I am sure that I am not alone in being approached by people who have such concerns. Generally, I am happy with the responses of public organisations when I pursue complaints on behalf of my constituents. However, there is a danger that the message that goes out to the general public is that only the intervention of MSPs gets results. That is nice for an MSP who has managed to get a result for somebody, but it suggests something about the attitude that is taken towards the public when they seek to complain on their own behalf.

It is essential that public services should strive to get things right at the beginning, so that people do not want to complain. It is also essential that, when a complaint is made, the response that is given at an early stage is helpful. We are talking about a last resort rather than a first resort, although a lot of the problems arise when people first raise a concern and are confronted by a less than helpful, puzzled or bemused attitude from an organisation.

Often, constituents have come to me when they have been exasperated and frustrated by the lack of progress that they have experienced. If citizens have no faith in the system's capacity to acknowledge and address their concerns, we should not underestimate the impact of that on their commitment to and belief in public services. The perception has been expressed to me on several occasions that organisations are policing themselves and that there is no independent scrutiny of what is going on at an early stage. It is important that people have faith in the system. Few cases are taken up by the ombudsmen and the complainer receives support in only a few of those cases. That has an impact on people's confidence in the system. The system has to be seen to take complaints seriously. There is an issue about support for the person who is pursuing a complaint, which I shall return to in a moment.

Another theme that has become apparent to me is the anxiety of officials or those who work in public services about being frank and explicit when a complaint is raised with them. They may argue that they fear litigation. We must acknowledge that that fear can be genuine. However, it could also be a convenient excuse to avoid being transparent and open to comment. If there is an alleged threat of litigation, we must find ways in which those who are being complained against can be made to feel confident and protected in being explicit about their experience of the person who is pursuing a complaint. The traffic should not be one way.

A key issue is that those who feel that they have been treated badly often have to make their complaint at a difficult and painful time. The complaints system should be accessible regardless of an individual's resources and we must support people through the complexities of the system. I am particularly concerned that the most disadvantaged people in our communities—those who are most reliant on public services—are probably the least supported in pursuing their complaints. We must therefore reconsider the resourcing of local support systems, such as citizens advice bureaux, so that money does not determine people's capacity to enter into the complaints system and individuals can sustain themselves throughout the complaints procedure.

As I said, the ombudsman is the last resort. In my experience, the best results are achieved when those who work in the public sector are willing to meet at an early stage those who have concerns and want to pursue complaints. It is remarkable how many cases have been resolved through a willingness to be open rather than through transparency at a later stage. Commitment to that attitude underpins our approach to public services and is at the heart of what a lot of people who work in public services believe in. I add my support for the general principles of the bill and look forward to the debates at stages 2 and 3.