Quangos, coalition government and the ombudsmen

Abstract

On 14 October 2010, it was announced that the Coalition Government would abolish 192 quangos (quasi-autonomous non-governmental organisations) (Cabinet Office 2010a). This included the Administrative Justice and Tribunals Council (AJTC) (Ministry of Justice 2010). On 20 October 2010, the Coalition Government outlined to Parliament the most far-reaching cuts to general public expenditure for many years. Included within these were 23% cuts to the Ministry of Justice over a four-year period (HM Treasury 2010, 10). Although the long-term implications of these developments are uncertain, what is already clear is that the new Coalition Government policies will pose significant challenges for the administrative justice system and the ombudsman community. This article will explore some of the key developments that have resulted from the immediate aftermath of the change of government insofar as they relate to the ombudsman community.

Keywords:

• quangos
• public expenditure
• administrative justice system
• ombudsman community

Notes

1. According to the Cabinet Office statement, the review ‘covered all of HM Government's Non-Departmental Public Bodies (NDPBs), as well as other bodies, such as some non-ministerial departments and some public corporations’ (Cabinet Office 2010). Interestingly, this review did not appear to look at the Parliamentary and Health Service Ombudsman, presumably because its budget is allocated under the Consolidated Fund.

2. More concerning still was the inclusion in the Public Bodies Bill of a series of Henry VIII clauses that would allow a future government to abolish a range of public bodies, including the Local Government Ombudsman by way of delegated legislation – in other words absent of full Parliamentary scrutiny.

3. The Competition Appeals Tribunal, Agricultural Land Tribunal, Plant Varieties and Seeds Tribunal, and Sea Fish Licence Tribunal are under consideration and may yet be integrated into the Tribunals Service. It has already been decided that the Copyright Tribunal, the Valuation Tribunal for England and the Valuation Tribunal Service are to be transferred into the Tribunals Service (Cabinet Office 2010a). In a separate development, the Browne Review of higher education has recommended that the Office of the Independent Adjudicator be merged with four other higher education bodies (Higher Education Funding Council for England, Quality Assurance Agency and Office for Fair Access) to form a single Higher Education Council (Browne Review 2010).

4. Both Rochester Way, Bexley – Refusal to meet late claims for compensation (1977–78 HC 598) and The Channel Tunnel Rail Link and Blight: Complaints against the Department of Transport (1994–95 HC 193) were resolved following a change of government.

5. Quoting a ‘Letter from Tony Wright, chair of PASC, 4 February 2010’ (Public Administration Select Committee 2010).

6. Quoting a ‘Letter from Hilary Benn (Secretary of State, Defra), 2 March 2010’ (Public Administration Select Committee 2010).