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

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

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

IS POWER DEVOLVED POWER RETAINED?

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...

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

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

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?