16 January 2019

Dear Elin

The Public Services Ombudsman (Wales) Bill (the Bill) – disqualification provisions

As you will be aware the Public Services Ombudsman (Wales) Bill (the Bill) is currently passing through the Assembly.  I have identified an amendment I would like to make to the Bill which relates to the Commission.

Schedule 1 to the Bill includes disqualification provisions that prevent a person who has ceased to be the Ombudsman or an acting Ombudsman from holding an office which is a listed authority or being a member of staff etc. of a listed authority (subject to some exceptions) for a certain period, unless the National Assembly for Wales Commission approves otherwise. The relevant disqualification provisions are set out in paragraphs 7 and 8 of Schedule 1 to the Bill. Listed authorities are set out in Schedule 3 to the Bill.

Having considered this issue, I do not believe it should be the National Assembly for Wales Commission that decides whether to approve otherwise under paragraph 7; rather, I believe it should be a Committee of the Assembly that holds this power, in a similar way that the Finance Committee works with the Auditor General for Wales. I intend to table an amendment to the Bill at Stage 2, replacing “the National Assembly for Wales Commission” with “a committee of the Assembly” in paragraph 7(1).

Should you wish to discuss this matter please inform the Committee Clerk (details below).

Diolch

Llyr Gruffydd, Chair