Part of the debate – in the Senedd at 4:10 pm on 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.