Evidence

20 (1) For the purposes of an investigation by the Welsh Administration Ombudsman he may require—

(a) any member of, or any officer or member of the staff of, the body concerned, or

(b) any other person who in his opinion is able to supply information or produce documents relevant to the investigation,

to supply such information or produce such documents.

(2) For the purposes of any such investigation the Welsh Administration Ombudsman shall have the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b) the production of documents.

(3) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation by the Welsh Administration Ombudsman.

(4) The Crown shall not be entitled in relation to any investigation by the Welsh Administration Ombudsman to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5) Subject to sub-paragraph (4), no person shall be compelled for the purposes of an investigation by the Welsh Administration Ombudsman to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.

Obstruction and contempt

21 (1) The Welsh Administration Ombudsman may certify an offence to the High Court where—

(a) a person, without lawful excuse, obstructs him or any member of his staff in the performance of his functions, or

(b) a person is guilty of any act or omission in relation to an investigation which, if that investigation were proceedings in the High Court, would constitute contempt of court.

(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing—

(a) any witnesses who may be produced against or on behalf of the person charged with the offence, and

(b) any statement that may be offered in defence,

the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.

(3) Nothing in this paragraph shall be construed as applying to the taking of any such action as is mentioned in paragraph 19(4).

Reports

22 (1) Where the Welsh Administration Ombudsman has conducted an investigation pursuant to a complaint made to him, he shall prepare a report of the results of the investigation and shall send copies of it to—

(a) the person who made the complaint,

(b) any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate),

(c) the body concerned,

(d) any person who is alleged in the complaint to have taken or authorised the action complained of, and

(e) the Assembly First Secretary.

(2) Where the Welsh Administration Ombudsman decides not to conduct an investigation pursuant to a complaint made to him, he shall prepare a statement of his reasons for not conducting an investigation and shall send copies of it to—

(a) the person who made the complaint, and

(b) any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate).

Action in response to reports

23 (1) Where the Assembly First Secretary receives a copy of a report under paragraph 22(1) of the results of an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(2) Where in a report under paragraph 22(1) the Welsh Administration Ombudsman states that injustice to the person aggrieved has been caused in consequence of maladministration, the body concerned shall consider the report and within—

(a) the period of three months beginning with the date on which the body received the report, or

(b) such longer period as the Welsh Administration Ombudsman may agree in writing,

shall notify the Welsh Administration Ombudsman of the action taken or proposed to be taken.

(3) The Welsh Administration Ombudsman shall prepare a further report if he—

(a) does not receive the notification required by sub-paragraph (2) within the period allowed by or under that sub-paragraph,

(b) is not satisfied with the action taken or proposed to be taken, or

(c) does not within the period of three months beginning with the end of the period allowed by or under sub-paragraph (2), or such longer period as the Welsh Administration Ombudsman may agree in writing, receive confirmation from the body that action has been taken, as proposed, to his satisfaction.

(4) The further report shall set out those facts and make such recommendations as the Welsh Administration Ombudsman thinks fit to make with respect to action which, in his opinion, should be taken—

(a) to remedy the injustice to the person aggrieved, and

(b) to prevent similar injustice being caused in the future;

and a copy of the further report shall be sent to each of the persons to whom a copy of the report under paragraph 22(1) was sent.

(5) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of functions of the Assembly, he shall also—

(a) lay a copy of it before the Assembly, and

(b) (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.

(7) The standing orders must make provision for any motion of which notice has been given pursuant to sub-paragraph (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed).

Reports: supplementary

24 (1) Apart from identifying any body investigated, a report under paragraph 22(1), a further report under paragraph 23(3) or a report under paragraph 6 shall not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Welsh Administration Ombudsman, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Welsh Administration Ombudsman considers it necessary for the report or further report to mention his name or include such particulars.

(2) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of any matter by the Welsh Administration Ombudsman in a report or statement under paragraph 22, a further report under paragraph 23(3) or a report under paragraph 6,

(b) the publication of any matter in communications between—

(i) an Assembly member or member of the Assembly’s staff, a member of any other body subject to investigation by the Welsh Administration Ombudsman or an officer or member of the staff of any such body, and

(ii) the Welsh Administration Ombudsman or a member of his staff,

in connection with a complaint to the Welsh Administration Ombudsman,

(c) the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Welsh Administration Ombudsman, and

(d) the publication of any matter in communications between any person and the Welsh Administration Ombudsman or a member of his staff in connection with a complaint by the person to the Welsh Administration Ombudsman.

Confidentiality of information

25 (1) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of an investigation shall not be disclosed except—

(a) for the purposes of the investigation and of any report of it,

(b) for the purposes of any proceedings for—

(i) an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by him or a member of his staff, or

(ii) an offence of perjury alleged to have been committed in the course of an investigation by him,

(c) for the purposes of an inquiry with a view to the taking of proceedings within paragraph (b),

(d) for the purposes of any proceedings under paragraph 21, or

(e) in accordance with paragraph 26.

(2) Neither the Welsh Administration Ombudsman nor any members of his staff shall be called upon to give evidence in any proceedings (other than proceedings referred to in sub-paragraph (1)) of matters coming to his or their knowledge in the course of an investigation.

(3) A Minister of the Crown may give notice in writing to the Welsh Administration Ombudsman with respect to—

(a) any document or information specified in the notice, or

(b) any class of document or information so specified,

that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(4) Where such a notice is given neither the Welsh Administration Ombudsman nor any member of his staff shall be required or authorised to disclose to any person or for any purpose any document or information specified in the notice or any document or information of a class so specified.

26 (1) Sub-paragraph (2) applies where—

(a) the Welsh Administration Ombudsman also holds office as the Parliamentary Commissioner for Administration or a Health Service Commissioner (“a Commissioner”), and

(b) a person initiates a complaint to him in his capacity as a Commissioner which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as Welsh Administration Ombudsman.

(2) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of investigating the complaint made to him in his capacity as Welsh Administration Ombudsman may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.

Consultation and co-operation with other Ombudsmen

27 (1) Where the Welsh Administration Ombudsman, at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation—

(a) by the Parliamentary Commissioner for Administration under the [1967 c. 13.] Parliamentary Commissioner Act 1967,

(b) by a Health Service Commissioner under the [1993 c. 46.] Health Service Commissioners Act 1993, or

(c) by a Local Commissioner under Part III of the [1974 c. 7.] Local Government Act 1974,

he shall consult about the complaint with the appropriate Commissioner and, if he considers it necessary, he shall inform the person who made the complaint of the steps necessary to make a complaint to that Commissioner.

(2) Where the Welsh Administration Ombudsman consults with a Commissioner in accordance with sub-paragraph (1), the consultations may extend to any matter relating to the complaint, including—

(a) the conduct of any investigation pursuant to the complaint, and

(b) the form, content and publication of any report of such an investigation.

(3) Where a body subject to investigation by the Welsh Administration Ombudsman is also—

(a) an authority to which the [1967 c. 13.] Parliamentary Commissioner Act 1967 applies,

(b) a body subject to investigation by a Health Service Commissioner under the [1993 c. 46.] Health Service Commissioners Act 1993, or

(c) an authority to which Part III of the [1974 c. 7.] Local Government Act 1974 applies,

the Welsh Administration Ombudsman and the Parliamentary Commissioner for Administration, the Health Service Commissioner concerned or the Local Commissioner concerned shall co-operate with each other to any such extent as appears appropriate when exercising any function in relation to the body.

(4) Nothing in paragraph 25(1) applies in relation to the disclosure of information in the course of consultations or other co-operation under this paragraph.