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Public Services Ombudsmen. This Consultation
The Law Commission Consultation Paper No 196 PUBLIC SERVICES OMBUDSMEN A Consultation Paper ii THE LAW COMMISSION – HOW WE CONSULT About the Law Commission The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Munby (Chairman), Professor Elizabeth Cooke, Mr David Hertzell, Professor David Ormerod1 and Miss Frances Patterson QC. The Chief Executive is: Mr Mark Ormerod CB. Topic of this consultation This consultation paper deals with the public services ombudsmen. Impact assessment An impact assessment is included in Appendix A. Scope of this consultation The purpose of this consultation is to generate responses to our provisional proposals. Duration of the consultation We invite responses from 2 September 2010 to 3 December 2010. How to respond By email to: [email protected] By post to: Public Law Team, Law Commission, Steel House, 11 Tothill Street, London, SW1H 9LJ Tel: 020-3334-0262 / Fax: 020-3334-0201 If you send your comments by post, it would be helpful if, wherever possible, you could send them to us electronically as well (for example, on CD or by email to the above address, in any commonly used format. After the consultation In the light of the responses we receive, we will decide our final recommendations and we will present them to Parliament. It will be for Parliament to decide whether to approve any changes to the law. Code of Practice We are a signatory to the Government’s Code of Practice on Consultation and carry out our consultations in accordance with the Code criteria (set out on the next page). -
Maladministration and Its Remedies
THE HAMLYN LECTURES Twenty-fifth Series MALADMINISTRATION AND ITS REMEDIES K. C. Wheare STEVENS MALADMINISTRATION AND ITS REMEDIES by K. C. WHEARE Fellow of All Souls College, Oxford Maladministration may be defined as administrative action (or inaction) based on or influenced by improper considerations or conduct. In this book, published contemporaneously with the 25th series of lectures under the auspices of the Hamlyn Trust, Sir Kenneth Wheare discusses the existing remedies for maladministration in Britain, and assesses their effec- tiveness in comparison with those available in other countries, particularly in Europe. The book begins with a comprehensive survey of maladministration as it may occur in the actions of the officials of both central and local government With the tendency towards giant departments in central government, and with the introduction in 1974 of enlarged local government units, the author sees a real danger, not only that public administration may be still further removed from those it is intended to serve, but also that more administration is likely to mean correspondingly more maladministration. The discussion opens up the vast question of how a civil service should be recruited and organised in the first place. The author goes on to consider, in separate chapters, the institutions intended at present to remedy mal- administration. He discusses the work of the Courts of Law, including Tribunals, and compares them with their counterparts in France and elsewhere. He takes a fresh look at the doctrine of Ministerial Respon- sibility and considers the effectiveness of Parliamentary Select Committees and Public and Ministerial Inquiries, making particular reference to the 1954 Crichel Down affair and to the yehicle and General Insurance Inquiry of 1972. -
The Parliamentary Ombudsman: Firefighter Or Fire-Watcher?
12 The Parliamentary Ombudsman: Firefi ghter or fi re-watcher? Contents 1. In search of a role 2. The PCA’s offi ce 3. From maladministration to good administration 4. Firefi ghting or fi re-watching? (a) The small claims court (b) Ombudsmen and courts (c) Fire-watching: Inspection and audit 5. Inquisitorial procedure (a) Screening (b) Investigation (c) Report 6. The ‘Big Inquiry’ (a) Grouping complaints: The Child Support Agency (b) Political cases 7. Occupational pensions: Challenging the ombudsman 8. Control by courts? 9. Conclusion: An ombudsman unfettered? 1. In search of a role In Chapter 10, we considered complaints-handling by the administration, set- tling for a ‘bottom-up’ approach. Th is led us to focus on proportionate dispute resolution (PDR) and machinery, such as internal review, by which complaints can be settled before they ripen into disputes. In so doing, we diverged from the ‘top-down’ tradition of administrative law where tribunals are seen as court substitutes. We returned to the classic approach in Chapter 11, looking at the recent reorganisation of the tribunal service and its place in the administrative justice system. We saw how the oral and adversarial tradition of British justice was refl ected in tribunal procedure and considered the importance attached to impartiality and independence, values now protected by ECHR Art. 6(1). We, 529 The Parliamentary Ombudsman: Firefi ghter or fi re-watcher? however, argued that recent reshaping of the tribunal system left unanswered key questions about oral and adversarial proceedings and whether they are always the most appropriate vehicle for resolving disputes with the administra- tion. -
Ucin1070571375.Pdf (2.43
UNIVERSITY OF CINCINNATI DATE: November 10, 2003 I, Craig T. Cobane II , hereby submit this as part of the requirements for the degree of: Doctorate of Philosophy in: Political Science It is entitled: Terrorism and Democracy The Balance Between Freedom and Order: The British Experience Approved by: Richard Harknett James Stever Thomas Moore Terrorism and Democracy The Balance Between Freedom and Order: The British Experience A dissertation submitted to the Division of Research and Advanced Studies of the University of Cincinnati in partial fulfillment of the requirements for the degree of DOCTORATE OF PHILOSOPHY (Ph.D.) in the Department of Political Science of the College of Arts and Sciences 2003 by Craig T. Cobane II B.S., University of Wisconsin-Green Bay 1990 M.A., University of Cincinnati 1992 Committee Chair: Richard J. Harknett, Ph.D. Abstract The British Government has been engaged for more than thirty years in a struggle with terrorism related to Northern Ireland. During what is euphemistically called the Troubles, the British government has implemented a series of special emergency laws to address the violence. Drawing upon the political context and debate surrounding the implementation and development of the emergency legislation this research examines the overall effect of British anti-terrorism legislation on both respect for civil liberties and the government’s ability to fight campaigns of violence. Drawing heavily upon primary sources, high profile cases of miscarriages of justice and accusation of an official ‘shoot to kill’ policy this project explores three distinct areas related to a government’s balancing of the exigencies of individual liberty and societal order. -
BRITISH COUNTERINSURGENCY in CYPRUS, ADEN, and NORTHERN IRELAND Brian Drohan a Dissertation Submitted to the Facu
RIGHTS AT WAR: BRITISH COUNTERINSURGENCY IN CYPRUS, ADEN, AND NORTHERN IRELAND Brian Drohan A dissertation submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School. Chapel Hill 2016 Approved by: Susan D. Pennybacker Wayne E. Lee Klaus Larres Cemil Aydin Michael C. Morgan © 2016 Brian Drohan ALL RIGHTS RESERVED ii ABSTRACT Brian Drohan: Rights at War: British Counterinsurgency in Cyprus, Aden, and Northern Ireland (Under the direction of Susan D. Pennybacker) This study analyzes the role of human rights activism during three post-1945 British counterinsurgency campaigns in Cyprus (1955-1959), Aden (1963-1967), and the Northern Ireland “Troubles” (emphasizing 1969-1976). Based on material gathered from 15 archives in four countries as well as oral history records and personal papers, this study demonstrates that human rights activism shaped British operational decisions during each of these conflicts. Activists mobilized ideas of human rights to restrain counterinsurgency violence by defining certain British actions as illegal or morally unjustifiable. Although British forces often prevented activists from restraining state violence, activists forced government officials and military commanders to develop new ways of covering up human rights abuses. Focusing the analytical lens on activists and the officials with whom they interacted places rights activists on the counterinsurgency “battlefield” -
The Historical Journal, 53, 3 (2010), Pp
RADAR Research Archive and Digital Asset Repository O'Hara, G The Parliamentary Commissioner for Administration, the Foreign Office and the Sachsenhausen case, 1964–1968 O'Hara, G (2010) The Parliamentary Commissioner for Administration, the Foreign Office and the Sachsenhausen case, 1964–1968. Historical journal, 53 (3). pp. 771-781. Doi: 10.1017/S0018246X10000294 This version is available: https://radar.brookes.ac.uk/radar/items/9cb69837-199c-f4ac-8df8-6d2a9a8d86fd/1/ Available on RADAR: October 2012 Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. This document is the published version of the journal article with permission from Cambridge University Press. WWW.BROOKES.AC.UK/GO/RADAR The Historical Journal, 53, 3 (2010), pp. 771–781 f Cambridge University Press 2010 doi:10.1017/S0018246X10000294 COMMUNICATION THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION, THE FOREIGN OFFICE, AND THE SACHSENHAUSEN CASE, 1964 –1968 GLEN O’HARA Oxford Brookes University ABSTRACT. This communication follows the evolution, reception, and implications of the parliamentary commissioner’s critical 1968 report on Foreign Office ‘maladministration’ regarding compensation for British concentration camp inmates. It explores officials’ and ministers’ attitude to the investigative techni- ques associated with this new office, as well as their hostile reaction to the publicity and parliamentary controversy to which his work gave rise. -
Parliament's Watchdogs: at the Crossroads
Parliament’s Watchdogs: At The Crossroads edited by Oonagh Gay & Barry K Winetrobe UK Study of Parliament Group ISBN: 978-1-903903-49-0 Published by The Constitution Unit Department of Political Science UCL (University College London) 29-30 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ © The Constitution Unit, UCL 2008 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First published December 2008 2 Table of Contents Foreword……………………………………………………………………… 5 Dr Tony Wright MP Note on Contributors……………………………………………………….. 7 Preface………………………………………………………………………… 9 Oonagh Gay & Barry K Winetrobe Chapter 1: Introduction - Watchdogs in Need of Support…………… 11 Oonagh Gay & Barry K Winetrobe Chapter 2: The UK Perspective: Ad Hocery at the Centre……........... 17 Oonagh Gay Chapter 3: Scotland’s Parliamentary Commissioners: An Unplanned Experiment……………………………………………………….. 33 Barry K Winetrobe Chapter 4: ‘Parliamentary Officers’ in Wales: Evolving Roles........... 47 Alys Thomas Chapter 5: An Overview of Northern Ireland's Constitutional Watchdogs……………………………………………………………………. 59 Ruth Barry & Zoe Robinson Chapter 6: Commonwealth Experience I – Federal Accountability and Beyond in Canada……………………………………………………… 71 Elise Hurtubise-Loranger Chapter 7: Commonwealth Experience II – Officers of Parliament in Australia and New Zealand: Building a Working Model……………... 81 Robert Buchanan Chapter 8: The Parliamentary Ombudsman: a Classical Watchdog…………………………………………………………………….. -
Harvard University's
A joint project of Harvard University’s John F. Kennedy School of Government and Harvard Law School Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism Philip B. Heymann, Harvard Law School Juliette N. Kayyem, Kennedy School of Government Sponsored by The National Memorial Institute for the Prevention of Terrorism (MIPT) The Belfer Center for Science and International Affairs at Harvard’s John F. Kennedy School of Government administered the Long-Term Legal Strategy Project from April 2003 - November 2004. The Belfer Center provides leadership in advancing policy-relevant knowledge about the most important challenges of international security and other critical issues where science, technology, environmental policy, and international affairs intersect. To learn more about the Belfer Center, visit www.bcsia.ksg.harvard.edu. Long-Term Legal Strategy Project Attn: Meredith Tunney John F. Kennedy School of Government 79 JFK Street Cambridge, MA 02138 (617) 495-5275 www.ksg.harvard.edu/bcsia/longtermlegalstrategy www.mipt.org/Long-Term-Legal-Strategy.asp Harvard University’s Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism Board of Advisors All members of the Board of Advisors agreed with the necessity to evaluate the legal terrain governing the “war on terrorism.” This final Report is presented as a distillation of views and opinions based on a series of closed-door meetings of the Board. The advisors have from time to time been offered the opportunity to express views or make suggestions relating to the matters included in this Report, but have been under no obligation to do so, and the contents of the Report do not represent the specific beliefs of any given member of the Board. -
Parliament and Northern Ireland, 1921-2021
BRIEFING PAPER Number CBP-8884, 21 December 2020 Parliament and Northern By David Torrance Ireland, 1921-2021 Contents: 1. Introduction 2. Historical background 3. Parliament of Northern Ireland 4. Northern Ireland, 1921-39 5. “Matters arising from a state of war”, 1939-45 6. Post-war Northern Ireland, 1945-50 7. Northern Ireland, 1950-66 8. The 1920 Act under pressure, 1966-72 9. Direct Rule, 1972-79 10. Northern Ireland, 1979-99 11. Northern Ireland, 1999-2021 Appendix 1: Government of Ireland Act 1920 timeline Appendix 2: Political leaders in Northern Ireland Appendix 3: Selected bibliography www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Parliament and Northern Ireland, 1921-2021 Contents 1. Introduction 6 2. Historical background 8 2.1 Third Home Rule Bill 8 2.2 Origins of partition 9 2.3 Government of Ireland Act 1914 11 2.4 New proposals 12 2.5 Government of Ireland Bill 14 2.6 An Act to “provide for the better Government of Ireland” 16 Powers 17 Restrictions 19 Financial provisions 19 Refusal to work the Act 20 Sovereignty 20 2.7 The 1920 Act as a “constitution” 21 2.8 Creating the new “state” 21 2.9 Elections to the Northern Parliament 23 2.10 First meetings of Parliament 24 State opening 25 2.11 Parliament of Southern Ireland 26 2.12 Negotiations 27 2.13 Anglo-Irish Treaty 29 2.14 The Irish Free State and “Ulster Month” 31 3. Parliament of Northern Ireland 34 3.1 House of Commons 34 3.2 Senate of Northern Ireland 36 3.3 Governor of Northern Ireland 37 3.4 Privy Council and Great Seal of Northern Ireland 40 3.5 Stormont 41 3.6 Royal Courts of Justice 43 3.7 Northern Ireland Civil Service 44 3.8 Representation at Westminster 46 3.9 Northern Ireland MPs at Westminster 46 3.10 Irish Boundary Commission, 1924-25 47 3.11 Changes to Royal Titles 50 4. -
Remedies, Redress and "Calling to Account": Some Myths About the Parliamentary Commissioner for Administra Tion
REMEDIES, REDRESS AND "CALLING TO ACCOUNT": SOME MYTHS ABOUT THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRA TION Michael Buckley * INTRODUCTION One of the smaller institutional oddities of the United Kingdom is that while ombudsmen in the private sector officially bear that title, the same is not true of those in the public sector. The title of a public sector ombudsman is almost always some variation on "Commissioner" - whether or not there is a corresponding Commission. Northern Ireland is different in having the Parliamentary (or Assembly) Ombudsman for Northern Ireland (though that office too began life under the designation of "Northern Ireland Parliamentary Commissioner for Administration"). There is also the Prisons Ombudsman. However,just to add to the confusion of nomenclature, he is not accepted by the British and Irish Ombudsman Association as a true ombudsman, because he is appointed, and may be dismissed, by the Home Secretary, who is responsible for the Prison Service which he monitors; and he is therefore regarded by the Association as insufficiently independent to satisfy its criteria for full membership. A much more substantial difference is that most ombudsmen whose jurisdiction includes the private sector make determinations or awards, and these are in many cases (though far from all) legally binding. Thus section 146 of the Pension Schemes Act 1993 says that the Pensions Ombudsmanl may investigate and determine any complaint or any dispute of fact or law arising in relation to an occupational or personal pension scheme; and section 151(3) provides that the determination is final and binding on both the complainant and the trusteeS or managers of the pension scheme, subject to appeal to the High Court or Court of • The Parliamentary Commissioner for Administration. -
Parliament's Watchdogs
Parliament’s Watchdogs: At The Crossroads edited by Oonagh Gay & Barry K Winetrobe UK Study of Parliament Group ISBN: 978-1-903903-49-0 Published by The Constitution Unit Department of Political Science UCL (University College London) 29-30 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ © The Constitution Unit, UCL 2008 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First published December 2008 2 Table of Contents Foreword……………………………………………………………………… 5 Dr Tony Wright MP Note on Contributors……………………………………………………….. 7 Preface………………………………………………………………………… 9 Oonagh Gay & Barry K Winetrobe Chapter 1: Introduction - Watchdogs in Need of Support…………… 11 Oonagh Gay & Barry K Winetrobe Chapter 2: The UK Perspective: Ad Hocery at the Centre……........... 17 Oonagh Gay Chapter 3: Scotland’s Parliamentary Commissioners: An Unplanned Experiment……………………………………………………….. 33 Barry K Winetrobe Chapter 4: ‘Parliamentary Officers’ in Wales: Evolving Roles........... 47 Alys Thomas Chapter 5: An Overview of Northern Ireland's Constitutional Watchdogs……………………………………………………………………. 59 Ruth Barry & Zoe Robinson Chapter 6: Commonwealth Experience I – Federal Accountability and Beyond in Canada……………………………………………………… 71 Elise Hurtubise-Loranger Chapter 7: Commonwealth Experience II – Officers of Parliament in Australia and New Zealand: Building a Working Model……………... 81 Robert Buchanan Chapter 8: The Parliamentary Ombudsman: a Classical Watchdog…………………………………………………………………….. -
The Long-Term Legal Strategy Project from April 2003 - November 2004
A joint project of Harvard University’s John F. Kennedy School of Government and Harvard Law School Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism Philip B. Heymann, Harvard Law School Juliette N. Kayyem, Kennedy School of Government Sponsored by The National Memorial Institute for the Prevention of Terrorism (MIPT) The Belfer Center for Science and International Affairs at Harvard’s John F. Kennedy School of Government administered the Long-Term Legal Strategy Project from April 2003 - November 2004. The Belfer Center provides leadership in advancing policy-relevant knowledge about the most important challenges of international security and other critical issues where science, technology, environmental policy, and international affairs intersect. To learn more about the Belfer Center, visit www.bcsia.ksg.harvard.edu. Long-Term Legal Strategy Project Attn: Meredith Tunney John F. Kennedy School of Government 79 JFK Street Cambridge, MA 02138 (617) 495-5275 www.ksg.harvard.edu/bcsia/longtermlegalstrategy www.mipt.org/Long-Term-Legal-Strategy.asp The Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism at Harvard University Board of Advisors All members of the Board of Advisors agreed with the necessity to evaluate the legal terrain governing the “war on terrorism.” This final Report is presented as a distillation of views and opinions based on a series of closed-door meetings of the Board. The advisors have from time to time been offered the opportunity to express views or make suggestions relating to the matters included in this Report, but have been under no obligation to do so, and the contents of the Report do not represent the specific beliefs of any given member of the Board.