Part of the debate – in the Senedd at 3:40 pm on 21 March 2018.
The Equality, Local Government and Communities Committee has made 19 recommendations, and I'm able to accept every one apart from one of these recommendations. I am very pleased to see that the committee has recommended that the Assembly agree to the general principles of the Bill and I very much hope that Members will support that decision this afternoon. In responding to the report, I will deal with the main themes stemming from it.
I would like to start with recommendation 10, which requests that a revised explanatory memorandum and regulatory impact assessment are published before Stage 2, taking account of the committee’s recommendations. This is the only recommendation that I'm not able to accept. The Standing Orders of the Assembly provide a mechanism for revising the explanatory memorandum after Stage 2 proceedings and this has become standard practice. Should this Bill proceed further, I would be very happy to publish a revised explanatory memorandum after Stage 2, taking account of any amendments that have been made to the Bill. For this reason, I do not feel it would be appropriate to accept this recommendation. However, I'm more than happy to consider whether more robust evidence is now available and to assess whether changes are needed to cost estimates in light of that, and I will provide the committee with written updates as this work progresses.
In the Auditor General for Wales’s response to the committee’s consultation on the Bill, he raised a number of concerns relating to his functions. Recommendations 7, 8, 9 and 18 deal with these and I am happy to make the necessary changes to the Bill to deal with these concerns. These will ensure confidentiality and will safeguard the auditor from defamation claims. The Bill reiterates the general requirement for the auditor to lay before the Assembly a certified copy of the ombudsman's accounts within four months. The request to change this, in recommendation 9, will need to be considered in the context of the committee's wider work on this recommendation.
The ombudsman doesn't come under the Welsh Language (Wales) Measure 2011. Currently, we have a bilingual ombudsman who has an office with a bilingual ethos, and we need to ensure that this continues in the future. Therefore, I have accepted recommendation 6 and I will, in consultation with others, such as the Welsh Language Commissioner, be considering how best this can be achieved.
A number of recommendations deal with the update of the RIA. These are recommendations 11 to 17 and 19. I am happy to accept all of these recommendations. I’ve said previously to the committee that I welcomed its decision to commission an expert adviser to report on the financial implications of the Bill. I am pleased to note that the expert adviser was supportive of the extension of the powers of the ombudsman in the four main areas. Essentially, these recommendations deal with potential costs stemming from the Bill, recommending that more work is done to show the range of those costs.
For example, in terms of recommendations 11 and 12, the figures included in the assessment reflect evidence received from the ombudsman on costs. However, I am more than willing to reconsider the levels of the estimates and to revise the assessment if needed. I think it is worth noting that any variance in this context would decrease the general costs of the Bill.
Recommendations 14 and 15 deal with costs related to oral complaints. I think it is worth noting that the ombudsman has discretion at present to accept oral complaints under the 2005 Act. Therefore, not all oral complaints will result in an additional workload for the ombudsman, but I'm willing to consider further analysis of 40 per cent of complaints being made orally.
Recommendation 17 concerns an important part of the Bill that deals with investigating a public and private care pathway provision. I will be undertaking further consultation on this to seek further information.
I am also content to ensure that the RIA ultimately complies with guidance in the HM Treasury Green Book, which is recommendation 19.
It is not an intention in the Bill to cut across other statutory obligations. Recommendations 2, 3 and 5 show that members of the Equality, Local Government and Communities Committee are concerned about the potential danger of a duplication of work by the ombudsman and other regulators. I hope that I was able to give assurance to the committee about the difference between the role of the ombudsman and of other regulators, and, even though they can look at the same range of matters, they look at them from two completely different points of view. The arrangements within the Bill reflect those that are currently in the 2005 Act, and go further, if truth be told, to enable further collaboration. However, I am happy to accept recommendations 2, 3 and 5 to ensure good collaboration, to maintain appropriate records and to give appropriate consideration to other obligations stemming from the law.
I'd like to talk briefly about the Constitutional and Legislative Affairs Committee's report and thank the members of that committee for their consideration of the Bill. I am very pleased the committee has endorsed the approach that we have taken with this Bill in producing a consolidated piece of legislation that is available bilingually. You should remember that the 2005 Act was made in the House of Commons, and was made in English alone. I am also pleased that the committee is content with the balance between what is included on the face of the Bill and what is left to subordinate legislation. This balance has emerged from the 2005 Act, and is based upon the consultation on the draft Bill. The parts of the original Act already in force have been effective and worked well over the past 13 years.
I am happy to accept the recommendation made by the Constitutional and Legislative Affairs Committee, subject to the necessary discussions with the Welsh Government, as this provision relates to the potential powers of the Welsh Ministers under the Bill.
I very much look forward to hearing what Plenary has to say on this Bill and on the reports, and, of course, to respond to the debate in due course. Thank you, Deputy Presiding Officer.