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Public Services Ombudsman for Wales
The Impact of Devolution across the UK and proposals for Public Ombudsman Services Nick Bennett Public Services Ombudsman for Wales
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15 YEARS OF ASYMMETRIC DEVOLUTION
Wales – 3 Government of Wales Acts ( 1998, 2006, 2014) 2 referenda (1997 and 2011), St David’s Day Agreement (2014) Scotland – Scotland Act (1998), Calman Commission (2007), Independence Referendum, Smith Commission (2014) Northern Ireland – Good Friday (1998), St Andrew’s (2006), Hillsborough (2010) and Stormont House (2014) - Fiscal and Welfare Reform
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ASYMMETRY Broad devolution across social policy – health, education and housing as well as economic development, culture and agriculture Justice, civil law, police and prisons in Scotland and (2010)Northern Ireland Reserved powers model v delegated functions England– West Lothian question – “English Votes for English Laws”, London, North East referendum, Combined Authorities - Manchester
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IS POWER DEVOLVED POWER RETAINED?
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DYNAMICS Process not an event Settled will?
Federation, confederation, schism or fudge? Broader constitutional upheaval likely UK cabinet, Lords Reform, written constitution, Supreme Court, Barnett formula...
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PUBLIC SERVICE OMBUDSMANRY
Scotland – 2002 Act- includes Water (2011) and a range of cross border bodies. Post Smith? Northern Ireland – NIPSO, One office (Assembly Ombudsman and Commissioner for Complaints), Own Initiative, remove MLA filter, jurisdiction extended in education Wales – new act? Own Initiative, Complaints Standards Authority, Oral Complaints, Private Healthcare
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GORDON REVIEW New single PSO – UK Parliamentary, Health, Local Government and Housing Continue to deal with reserved matters “Clearing house” Close liaison / joint investigations Removal of MP filter Complaints in writing, orally or electronic Own Initiative Powers Chief Ombudsman/ Statutory Board
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CONCLUSIONS Part of the devolved and non devolved landscape
Collaboration, peer learning and cross fertilisation Citizen centred or constitution led? “No wrong door?” for entry – resolution? Other options to Gordon. “PSO” all round? Retain UK Ombudsman / devolve “front door”? Governance? Making it work – lead or follow?
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