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

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

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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.