Group 2: Appointment of Ombudsman (Amendments 44, 45)

– in the Senedd at 4:10 pm on 13 March 2019.

Alert me about debates like this

Photo of Elin Jones Elin Jones Plaid Cymru 4:10, 13 March 2019

(Translated)

The next group of amendments is group 2, and they relate to the appointment of the ombudsman. The lead amendment in this group is amendment 44. I call on Suzy Davies to move and speak to the lead amendment and the other amendments in this group. Suzy Davies. 

(Translated)

Amendment 44 (Suzy Davies) moved.

Photo of Suzy Davies Suzy Davies Conservative 4:10, 13 March 2019

Diolch yn fawr, Llywydd. I move amendment 44 and I'll be speaking to amendment 44 and 45. Both of them relate to the appointment of the ombudsman and the Assembly's power to waive certain restrictions imposed on the ombudsman after leaving office, as set out in Schedule 1. Amendment 44 clarifies that the Assembly is required to determine the terms and conditions of appointment for an ombudsman or acting ombudsman prior to appointment, including remuneration. Members probably know that the Assembly is already responsible for setting those terms and conditions under the Bill, but that is in accordance with the 2005 legislation. This amendment will mean that the obligation to do so is clearly set out in current law, and restating this responsibility aligns well with the Government's own direction on consolidation.   

Amendment 45 relates to the provision in Schedule 1 to the Bill that disqualifies a former ombudsman or acting ombudsman for a specified period from holding certain offices or positions connected to a listed authority, unless an Assembly committee approves otherwise. This amendment changes the reference from an Assembly committee to the Assembly itself. As introduced, the Bill delegated this power to the Assembly Commission, and at Stage 2 the Member in charge amended this to refer to an Assembly committee. But during Stage 2 proceedings, the Member in charge acknowledged that an amendment might be brought forward on behalf of the Commission in this respect.  

Now, my amendment 43, which is debated in a later group, will, however, provide for the Assembly to delegate these functions to an Assembly committee via Standing Orders, should it consider that an effective way forward. But the principle must be that it is a matter for this Assembly as a whole to take statutory responsibility for any change to statutory requirements made by this Assembly as a whole, and we'll perhaps discuss that again in a later group. Thank you.  

Photo of Rebecca Evans Rebecca Evans Labour 4:12, 13 March 2019

Thank you, Presiding Officer. As we've heard, these amendments, along with those in groups 11 and 12, update the way powers are conferred upon the Assembly. Conferring powers upon the Assembly as a whole and making provisions for them to be delegated to a committee, sub-committee or Chair by Standing Orders allows the flexibility for the Assembly to determine the most appropriate level to exercise those powers based on the current committee structure. This will bring the provisions of the ombudsman Bill in line with other legislation, such as the Public Audit (Wales) Act 2004, and I'm happy to support all the amendments in this group.

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

(Translated)

I also will be supporting these amendments today, as I will with all of the amendments tabled in the name of Suzy Davies. These amendments provide greater clarity to the provisions in the Bill around the appointment of the ombudsman or an acting ombudsman, ensuring that the Assembly determines the terms of appointment. This is a sensible approach to appoint to this important independent role. 

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

Suzy Davies to respond. 

Photo of Suzy Davies Suzy Davies Conservative

Just briefly to thank those who contributed to this part of this debate, and for taking on board the arguments. I think there's an important principle involved with this and, as the Minister said, this actually aligns this Bill with other Bills that are attempting to do something similar. So, I'm grateful for the response. 

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 44 be agreed. Does any Member object? Amendment 44 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:14, 13 March 2019

(Translated)

Suzy Davies, amendment 45. 

(Translated)

Amendment 45 (Suzy Davies) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 45 be agreed to. Does any Member object? Amendment 45 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:14, 13 March 2019

(Translated)

Llyr Gruffydd, amendment 27. 

(Translated)

Amendment 27 (Llyr Gruffydd) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 27 be agreed to. Does any Member object? No, therefore amendment 27 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:14, 13 March 2019

(Translated)

Llyr Gruffydd, amendment 28. 

(Translated)

Amendment 28 (Llyr Gruffydd) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 28 be agreed to. Does any Member object? Amendment 28 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:14, 13 March 2019

(Translated)

Llyr Gruffydd, amendment 29. 

(Translated)

Amendment 29 (Llyr Gruffydd) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 29 be agreed. Does any Member object? Amendment 29 is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.