Localism Bill

Lord Newton of Braintree Excerpts

Wednesday 7th September 2011 Lords Chamber

When I, with my modest experience of chairing panels at stage 4 of an elaborate appeals and complaints process, saw these government proposals for a stage 5 to go in before there is the possibility of recourse to the ombudsman, I was baffled beyond belief. If we believe in reducing bureaucracy and regulation, what on earth are we doing putting this in the way of a tenant who feels that they have exhausted all the local appeals and who therefore wants to go to the ombudsman? It is an unnecessary, restrictive and undemocratic block on a tenant's rights.

[Lord Newton of Braintree]

My Lords, I ought to declare a string of interests. I am an ex-MP; my wife is a district councillor; I was chairman of the Administrative Justice and Tribunals Council, which had a close relationship with the British and Irish Ombudsman Association; and I know Mike Biles, the Housing Ombudsman, quite well. I should also apologise to the noble Baroness for not having added my name to her amendment, as she encouraged me to. I would happily have done so, and should have done.

I will make clear to my noble friend that I agreed with every word that she said, and every word that the noble Lord, Lord Tope, said. The starting point is that if this is administrative justice—and most people would say that it is—what right have the Government to say that somebody is to intervene in somebody else's right to seek administrative justice? It could not conceivably be argued that somebody should need an MP’s or a councillor’s permission before going to a tribunal, a court or anything comparable in the administrative justice field. Why should we have it here? All this comes at a time when the Parliamentary Ombudsman has a consultation document out, which I know she feels quite strongly about, for the removal of the MP filter in respect of the ombudsman. This was supported by unduly sensitive MPs 50 years ago when the ombudsman—a foreign creation—was introduced. However, as far as anybody can judge, now it is not supported by most MPs, who also think it should go.

Why should people be subject to the vagaries of what their councillor, tenant panel or even—dare I say it?—MP thinks about whether it is a case for the ombudsman? That is a matter for the ombudsman to judge. If there are procedures that the tenant should go through beforehand, such as those described by the noble Baroness, Lady Hollis, the ombudsman can make the point: “We are not looking at this until you have had it looked at along the other lines”. It would be perfectly reasonable for him to do that, but there is no serious case for what the Government are proposing in the Bill. I very much doubt whether it was part of the coalition agreement or has been seriously endorsed by the Prime Minister or the Deputy Prime Minister, because it is just not the kind of proposal they would support. Individuals ought to have this right, and we in this House ought to be defending it.

I have one last question to which I would like an answer. We have lots of ombudsmen in this country. We have the Parliamentary Ombudsman with an MP filter; we have the Health Service Ombudsman, who is also the Parliamentary Ombudsman, in practice, with no MP filter; we have the Scottish Public Services Ombudsman, with no filter at all, for Scots; we have the Public Services Ombudsman for Wales with no filter at all in respect of matters that he or she can consider so, in a way, this is yet another form of discrimination against the English, and I am fed up with it. It is wrong in principle, it is daft and the Minister should take it away and get rid of it.

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[Lord Newton of Braintree]

My Lords, I cannot resist it, especially since I am well known to be classified as unsuitable by my Front Bench. I have some sympathy with the argument that has just been advanced. It is quite difficult to see what is not included in “unable” or “unfit” that is then covered by “unsuitable” that ought not to be covered. It depends on matters of judgment that could include political or personal judgment that would not be a proper consideration. I just want to know what is thought to be desirably covered by unsuitable that is not covered by the other words.

[Lord Kennedy of Southwark]

My Lords, the Opposition fully support the amendment moved by the noble Lord, Lord Best. The amendment seeks to correct the use of what can only be described as an odd and unnecessary use of the term unsuitable. Like the noble Lord, Lord Newton, we ask the Minister to address that specific point of why unsuitable is being used. There is much concern that the Government are taking a much wider view and a much wider power and have additional intentions of using it. I hope that the Minister either accepts the amendment or that we have a very clear explanation about what this does and does not mean.

The Secretary of State already has the power to remove someone who is unable or unfit. As the noble Lord, Lord Best, said, this is adequate for the Monetary Policy Committee of the Bank of England, so we on this side certainly think that it is good enough for the HCA regulation committee.

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[Lord McKenzie of Luton]

Perhaps I may make it clear that we voted on the original proposition because we believed that it would secure the best outcome. As that did not succeed, it is not inconsistent to want to see a lesser position that nevertheless improves on what is in the Bill. That is entirely sensible and reasonable. Whether we will be involved in those discussions is up to the Government. If they are going to bring something back—and I believe that that is the wish of the noble Lord, Lord Greaves—we will have an opportunity in this Chamber to join in the debate.

[Lord Newton of Braintree]

Before the noble Lord withdraws the amendment, as I presume he will, I will express the hope that the House will go along with this. We got into a mess earlier over the vote because of the separation of these issues, which could have been linked. We now have an opportunity to take up the Minister's offer of discussion. I think that we should, and I hope that neither she nor we will dig in out of purism, and that the Clerks will have their ears open.

[Baroness Hayter of Kentish Town]

Of course, technically we voted on Amendment 53A. I did not move the other amendments.