APPLICABILITY OF PRINCIPLE OF

Mr David Marshall asked the Minister for Health and Law whether he would consider the report of Sir John Whyatt on "The Citizen and the Administration" and the legislation arising therefrom in New Zealand in the context of the possibility of the applicability of the principle of "Ombudsman" to Singapore.

Mr Byrne: Mr Speaker, Sir, the report of Sir John Whyatt on "The Citizen and the Administration" and the legislation arising therefrom in New Zealand have been carefully considered, but the view of the Government is that it is premature to apply the principle of "Ombudsman" in Singapore.

We have already in existence in Singapore departments that cover to a great extent the powers, sphere of operations, rights and duties of an Ombudsman. The Central Complaints Bureau can be referred to in any case where the citizen complains of maladministration or delays in the public service. The Bureau has already helped to create a better understanding and appreciation of the duties of the civil service in serving the needs of the public.

The Disciplinary Proceedings Regulations have been framed so that Civil Service Disciplinary Boards comprise not only civil servants but also members of the public. This will ensure that all matters of discipline will be enquired into and dealt with without prejudice and with due regard to the public interest.

The Corrupt Practices Investigation Bureau works independently of the police and is responsible to the Minister for Home Affairs and the State Advocate-General.

There are some practical difficulties in the institution of Ombudsman which have not been completely solved even in Denmark where it has been in existence for about six years. One of these difficulties is the right of the Ombudsman to look into secret files of Ministers as well as State departments. While the Whyatt Report recommends that the Parliamentary Commissioner should have security of tenure in the same way as the Auditor General in Great Britain, in New Zealand he holds office only for the duration of Parliament. In the context of British parliamentary government and the principle of ministerial responsibility, it is difficult to demarcate the extent of the powers of the Ombudsman.

The Whyatt Report has been criticised in Great Britain and its recommendations have not yet been adopted by the British Government.

The position will, however, be kept under review. Last year, a legal officer made a special study of the system of Ombudsman in the Scandinavian countries. While the Government feels that it is better to allow existing institutions in Singapore to develop both by experience and activities, a close study will continue to be made of the experiments in other countries.