Group 6: Own-initiative investigations (Amendments 3, 4, 14, 15, 19)

– in the Senedd at 4:30 pm on 13 March 2019.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:30, 13 March 2019

(Translated)

Group 6 is the next group of amendments, and these relate to own-initiative investigations. The lead amendment in this group is amendment 3, and I call on Llyr Gruffydd to move and speak to the lead amendment and the other amendments in the group.

(Translated)

Amendment 3 (Llyr Gruffydd) moved.

Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 4:30, 13 March 2019

I move amendment 3 and I'll speak to all the amendments in this group, which relate to the ombudsman's powers to undertake own-initiative investigations. Amendment 3 clarifies that any decision of the ombudsman to, for example, begin an own-initiative investigation is subject to both section 4(1) and section 4(2), section 4 is the section relating to power to investigate on the ombudsman's own initiative.

Amendment 14 has the same effect as amendment 3, only in respect of own-initiative investigations under Part 5, which, of course, deals with social care and palliative care.

Amendments 4 and 15 clarify that, where the ombudsman revises the published criteria for own-initiative investigations in a material way, then, those revisions will be subject to the same Assembly procedure that applied to the first criteria, which is identified in section 5 of the Bill. They will be subject to a negative resolution procedure, in that they will be laid before the Assembly, and unless they are annulled before the end of a 40-day period, they can then be published.

Amendment 19 clarifies that the ombudsman has a duty to inform and consult specified persons when carrying out own-initiative investigations. So, again, these amendments are pretty technical in nature—no policy change, merely strengthening and providing clarity, and I would urge Members to support them.

Photo of Rebecca Evans Rebecca Evans Labour 4:31, 13 March 2019

As we've heard, amendments 4 and 43 clarify the way in which the subsections of the relevant sections inter-relate, stating for the avoidance of doubt that the ombudsman's decision whether to begin, continue or discontinue an investigation is subject to the provisions in subsection (1), which specify the matters the ombudsman is entitled to investigate.

Amendments 5 and 44 are also updated for the sake of clarity without changing the intended policy for approving the criteria for own-initiative investigations.

Finally, amendment 19 clarifies the circumstances in which the ombudsman has a duty to consult other commissioners, as appropriate. This ensures that the ombudsman must consult, whenever they investigate on their own initiative, even if they could have investigated some or all of the same matter as a normal complete investigation. These amendments do not change the intended policy of the Bill, but will provide clarity on the way in which it's intended to work in practice, and I hope Members will join me in supporting them today.

Photo of Elin Jones Elin Jones Plaid Cymru 4:32, 13 March 2019

(Translated)

Llyr Gruffydd, do you want to respond? No. Therefore, the question is that amendment 3 be agreed to. Does any Member object? Amendment 3 is agreed.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:32, 13 March 2019

(Translated)

Llyr Gruffydd, amendment 4.

(Translated)

Amendment 4 (Llyr Gruffydd) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 4 be agreed to. Does any Member object? Amendment 4 is agreed.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.