Holyrood watchdog claims bill will threaten his independence

Published on Saturday 19 December 2009 19:19

THE watchdog who investigates the Scottish Government last night warned his independence was under threat from MSPs.

Scottish Public Services Ombudsman Jim Martin yesterday said a bill currently being drafted would force him to ask politicians for approval on how he spends some of his 3.5 million annual budget.

Martin, who is responsible for looking into complaints of maladministration in most of Scotland's public bodies, including NHS boards, councils, universities and the government itself, said it was vital that his office "was like Caesar's wife, beyond suspicion".

The Ombudsman, who took up his post just over six months ago, has set his sights on a little-noticed passage in a technical bill that stems from a report from the Scottish Parliament's finance committee.

The proposed legislation would force him to get approval from parliament for every penny he spends on the many outside experts he hires to make sure he can investigate complex issues.

He told Scotland on Sunday: "To be independent, and to be seen to be independent, the ombudsman must be free to carry out the duties assigned to him or her as he or she sees fit.

"The bill will place a responsibility on parliament, particularly around the appointment of advisers, which I believe needs to be ironed out so that the twin requirements of an independent ombudsman and financial scrutiny and control by the corporate body can be met."

Martin is one of several "tsars" appointed since the reopening of the Scottish Parliament. Others financed through the parliament's corporate body include Information Commissioner Kevin Dunion and Human Rights Commissioner Alan Miller.

Some politicians have criticised spending by such commissioners, with one Tory talking about "empire-building tsars". Dunion and Miller have already expressed unease at separate proposed legislation, the SNP government's Public Service Reform Bill, that they believe could allow ministers to abolish their posts without recourse to parliament.

Tory deputy leader Murdo Fraser yesterday said the tsars were right to be wary of the proposed powers.

A spokesman for the Scottish Parliament insisted that MSPs had previously had powers to approve payment and appointment of advisers. He said: "The Corporate Body has to balance the impact on the public purse with ensuring that all of the commissioners and the Ombudsman have the necessary funds to carry out their statutory responsibilities.

"If the new bill is enacted the Corporate Body intends to consult all officeholders on their governance arrangements, including advisers' costs."