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ASSEMBLY OMBUDSMAN FOR NORTHERN IRELAND (ASSEMBLY STANDARDS) BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION
  1. This Explanatory and Financial Memorandum relates to the Assembly Ombudsman for Northern Ireland (Assembly Standards) Bill. It has been prepared under the directions of the Committee on Standards and Privileges of the Northern Ireland Assembly to assist the reader in forming an understanding of the Bill. It does not form part of the Bill and has not been endorsed by the Assembly.
  2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill.
    3. BACKGROUND AND POLICY OBJECTIVES
  3. The Northern Ireland Assembly's Committee on Standards and Privileges is responsible for considering any matter relating to the conduct of Assembly Members including specific complaints in relation to alleged breaches of the Assembly "Code of Conduct and The Guide to the Rules Relating to the Conduct of Members".
  4. The creation of the post of Assembly Commissioner for Standards was the key recommendation in a Report of the Committee on Standards and Privileges following its "Inquiry into the Possible Appointment of an Assembly Commissioner for Standards". The Assembly approved the Report and its findings on 2nd April 2002.
  5. Following publication of its Report, the Committee on Standards and Privileges considered various methods of appointing a Commissioner and concluded that the Office of the Assembly Ombudsman for Northern Ireland was particularly well placed and equipped to discharge the functions of a Commissioner. The Committee was satisfied that the Ombudsman's Office had all of the investigative infrastructure, skills and experience to investigate complaints against Assembly Members.
  6. The Committee was also of the view that the independent investigation of complaints by the Ombudsman would promote additional transparency in the investigative process and public confidence in the work of the Committee and the Assembly.
  7. To give effect to the proposal to have complaints investigated by the Ombudsman the Committee concluded that primary legislation would have to be introduced.
  8. On further consideration the Committee also concluded that the most appropriate method of bringing forward the relevant primary legislation would be means of a Committee Bill sponsored by the Committee.
  9. The primary function of the Commissioner will be to investigate complaints against Assembly Members and to submit a report on any investigation conducted to the Committee on Standards and Privileges.
    10. CONSULTATION
  10. The Committee went to consultation through advertisement in the local press on its proposals. No responses were received and the Committee therefore has taken the view that, having discharged its responsibility in this area, there appears to be no objection in principle to its proposals. With this in mind the Committee took the decision to proceed with its proposal.
    11. OPTIONS AND CONSIDERED COSTS
  11. The Committee considered various methods of appointing a Commissioner for Standards.
  12. Initially, the Committee considered making an Assembly appointment as with the case of the House of Commons Parliamentary Commissioner for Standards.
  13. This would have resulted in a direct cost to the Assembly.
  14. The preferred option was to utilise the services of the existing Assembly Ombudsman who is well placed to carry out this function and who could do so at no additional cost.
  15. This approach developed by the Committee was based in a belief that the independent investigation of complaints by the Assembly Ombudsman, who is appointed through the Public Appointments procedure, would promote additional transparency in the investigative process and thus secure greater public confidence in the work of the Assembly through the work of the Committee. The Committee also believes that this approach will provide a robust mechanism for investigation.
  16. The Committee decided for reasons of economy, efficiency and effectiveness that this option was by far the more attractive.
    17. FINANCIAL EFFECTS OF THE BILL
  17. It is anticipated that the financial effects of the Bill will be minimal and will impinge marginally on the running costs of the Office of the Assembly Ombudsman.
    18. EFFECTS ON EQUAL OPPORTUNITY
  18. This legislation in our view has no equal opportunity implications.
    19. HUMAN RIGHTS ISSUES
  19. This legislation in our view has no human rights implications.
    20. EQUALITY IMPACT ASSESSMENT
  20. No formal Equality Impact Assessment has been carried out. The legislation in our view has no implications for the groups under section 75 of the Northern Ireland Act 1998.
    21. SECRETARY OF STATE'S CONSENT
  21. The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill.
    22. LEGISLATIVE COMPETENCE
  22. At Introduction the Member in charge of the Bill, Mr Donovan McClelland, had made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Assembly Ombudsman for Northern Ireland (Assembly Standards) Bill would be within the legislative competence of the Northern Ireland Assembly."