My role and jurisdiction
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6. My role is determined by the Parliamentary Commissioner Act 1967, as amended (the 1967 Act). The 1967 Act provides that my role is to investigate action taken by or on behalf of bodies within my jurisdiction in the exercise of their administrative functions. Complaints are referred to me by a Member of the House of Commons on behalf of a member of the public who claims to have suffered injustice in consequence of maladministration in connection with the action so taken.
7. When deciding whether I should investigate any individual complaint, I have to satisfy myself, first, that the body or bodies complained about are within my jurisdiction. Such bodies are listed in Schedules 2 and 4 to the 1967 Act. Secondly, I must also be satisfied that the actions complained about were taken in the exercise of that body’s administrative functions and are not matters that I am precluded from investigating by the terms of Schedule 3 to the 1967 Act, which lists administrative matters over which I have no jurisdiction.
8. Mrs A’s complaint was directed at DTI as this is the department responsible for the creation and, through their RPS division, the administration of the scheme. While my investigation has shown that officials from other government departments, (the then Ministry of Agriculture, Food and Fisheries (MAFF) and HM Treasury) were involved in discussions exploring the practicalities of a compensation scheme, I am satisfied that the actions complained about were taken in the exercise of the administrative functions of DTI. Their Ministers and officials made the relevant decisions. DTI is listed in Schedule 2 to the 1967 Act and so it and its divisions and executive agencies are within my jurisdiction.
9. I may only investigate complaints about the actions or inactions of bodies within my jurisdiction. The British Fisherman’s Association (BFA) and legal counsel are not within my jurisdiction and I refer to them merely to set in context the actions of DTI.
