ORG offers recommendations on Ombudsman Bill

ORG offers recommendations on Ombudsman Bill

NASSAU, BAHAMAS — The Organization for Responsible Governance (ORG) has released its recommendations on the Ombudsman Bill, 2023, outlining what it says are several opportunities to strengthen the legislation.

The Bill seeks to establish a body for transparency, accountability and integrity in the administration and decision-making of public institutions and authorities, and to promote and protect the fundamental rights and freedoms of individuals and international human rights law.

ORG Executive Director, Matt Aubry, echoed the not-for-profit’s commendation to legislators for addressing the need and benefits of establishing an Office of The Ombudsman.

“Across the region, countries such as Jamaica, Barbados, Haiti, and Trinidad and Tobago have established Ombudsman Offices. ORG has used both these regional as well as international examples as benchmarks in its analysis and published recommendations,” he said.

An Ombudsman acts as an arbitrator for the people and businesses and serves as a protector of rights; it is a crucial stepping stone to ensuring the efficient, accountable, and equitable delivery of public services.

With Ombudsman Offices already established in Jamaica, Trinidad & Tobago, Barbados, Haiti, St. Lucia, Belize, and Antigua & Barbuda,  ORG noted that a passed and enacted Ombudsman Act can bring The Bahamas in line with regional standards. 

ORG Assistant Director, Steffon Evans added, “ORG’s recommendations can further assist in effectively addressing maladministration in government and the grievances of the public- the people government serves. The Ombudsman Bill is an important part of the efficient, accountable and equitable delivery of public services.”

Among other opportunities to strengthen the bill, ORG identified points particularly related to the functions of the Ombudsman to monitor and promote fundamental freedoms and human rights.

It also addresses the capacity for the Attorney General to exclude the exercise of powers of the Ombudsman, and the Prime Minister having sole power to request removal of the Ombudsman, as offered in the bill, limit the independence and scope of the office.   

ORG noted that The Bill allows that “the Attorney-General may by notice to the Ombudsman exclude the exercise of the powers of the Ombudsman in whole or in part to any, specific complaint being investigated by the Ombudsman, if in his opinion the application of subsection (1) might be prejudicial to the public interest.” 

According to ORG, this clause undermines the strength and independence of the Act and the Ombudsman, by conveying the power to limit the remit of the office to a politically appointed official.

“Additionally, there is no specific set of conditions or guidelines in which the Attorney General may exclude the power of the Ombudsman. The Bill allows they are able to be limited based on ‘an opinion’. This is not reflective of best practices or regional norms. Jamaica does not afford the Attorney General such power, and Trinidad, which does afford the Attorney General some ability to limit the Ombudsman function, has a very specific set of criteria.

“The Ombudsman Office, should certainly have checks and balances, however, The Bill already provides for appeal of decision and a process for removal of the Ombudsman.  Revision or removal  of this clause  would preserve the strength of the Bill.”

ORG  further noted that the Bill states that the Prime Minister may represent to the Governor General that the Ombudsman be removed.

“Although there are specific conditions for removal outlined, placing this power solely in the remit of the Prime Minister reduces the independence and potential for political influence to the Office of the Ombudsman. Best practices would recommend that this power lie with the agreement of both houses of Parliament.”

ORG is recommending a revision of that part of the Bill to give the power to represent the removal of the Ombudsman to lie with agreement among both houses of Parliament.