The draft Bill and White Paper were included in Cm. 7342-I,II,III (ISBN 9780101734226) which follows the Green paper issued in July 2007, Cm. 7170 (ISBN 9780101717021) and various other Governance of Britain papers
The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.
In its report of last year on the Communities and Local Government's Departmental Annual Report 2007 (HC 170, session 2007-08, ISBN 9780215037978) the Committee commented on the particular nature of the Department's work: on its unusual reliance for the achievement of the goals Government has set it on a plethora of other Departments, agencies, non-departmental bodies, local authorities and other stakeholders; on the long, devolved delivery chains by which those goals therefore have to be delivered; and on the skills of influence, brokering and negotiation which are required to achieve them. In this Report the Committee assesses the progress made since last. The most recent Cabinet Office Capability Review concludes that there has been a positive "direction of travel" for CLG in that period, but the Committee concludes that there is still some way to go before CLG can be said to be performing at the highest achievable level of effectiveness. The Department's overall performance against its Public Service Agreement targets is likewise moving in the right direction but still short of full effectiveness. Achievement of efficiency targets is applauded. Finally, the report considers examples of particular policies which highlight some of the Department's strengths and weaknesses, and follow up some issues in earlier inquiries. These issues include: eco-towns; the Decent Homes programme; Home Information Packs; Fire Service response times; Firebuy; the FiReControl programme. The report also considers the Department's response to the serious flooding of summer 2007, and to the reviews which followed; and the mismanagement of European Regional Development Fund monies.
This Report welcomes and responds to the Government's proposal to involve select committees in public appointments by inviting committees to hold non-binding pre-appointment hearings with nominees for key positions. The Report clarifies the purpose of these hearings: to expose nominees to parliamentary and public scrutiny before the final ministerial decision on the appointment, to increase the likelihood that those appointed will be effective in their accountability to Parliament and the public. The Report also establishes criteria to determine which posts should be subject to these hearings, and identifies major auditors, ombudsmen, regulators and inspectors, as well as those responsible for the appointments system itself; along with appointments normally made on merit but where Ministers have chosen not to follow the usual processes. Finally, the Report responds to concerns about involving select committees in public appointments, including several raised by the Commissioner for Public Appointments, and proposes ways of managing the risks identified, largely through a framework of clear protocols to be agreed between the Government and the Liaison Committee, and also by monitoring and reviewing the effect of the hearings on public appointments over time.
This report considers the experience of some three years of holding 'pre-appointment' hearings by select committees to examine the 'preferred candidate' for certain public appointments before that appointment is confirmed. Whilst the committee considers the experiment a success they do recommend a number of changes. They propose a three tier list: Posts in the first tier are those considered to be of sufficient constitutional significance as to require a process which is effectively a joint appointment by Government and the House of Commons. Posts in the second tier are those which the committee proposes should be subject to an enhanced an improved version of the current process, and which should be subject to an 'effective veto' by the House of Commons or its committees. For posts in the third tier, pre-appointment hearings should be at the discretion of committees.