The following may give an insight into the Ombudsmen's views of Article 6 of the Huma Rights Act and tribunals in general.

MINUTES OF EVIDENCE TAKEN BEFORE THE JOINT COMMITTEE ON FINANCIAL SERVICES AND MARKETS

EXAMINATION OF WITNESSES

THURSDAY 15 APRIL 1999 Minutes reagrding the new Financial Services Ombudsman scheme:

*** READ THE FULL REPORT *** at :

http://www.parliament.the-stationery-office.co.uk/pa/jt199899/jtselect/jtfinser/328/9041501.htm

This phrase regarding article 6 of the Human Rights Act is an example of their views; "The issue therefore is, how does one minimise the effects of Article 6 and that is something upon which we have more work to do."

I would welcome comments from anyone once they have read the report.

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-- Tony Hayter (Tony@Hayter.com), November 06, 2000

Answers

Following a number of Emails regarding this report I thought I'd make the following points:

You don't have to type the link above into your browser. Instead just highlight the link, select copy, then paste it into the address box in your browser and then just hit the enter key.

The relevant page of the report is can be found in the Examination of witnesses (Questions 465 - 479). This a direct link to that page:

http://www.parliament.the-stationery- office.co.uk/pa/jt199899/jtselect/jtfinser/328/9041505.htm

You should note that Mr.Dean states that he has been deputed to act as a quasi-spokesman for the other Ombudsmen present which include the Banking Ombudsman and the Building Societies Ombudsman. The most pertinent paragraphs are from Question 474 onwards.

-- Tony Hayter (Tony@Hayter.com), November 06, 2000.

This is extremely worrying. On the one hand, the Ombudsmen are admitting to a parliamentary committee that the Human Rights Act does of course make differences to people's exercising of their rights (in this case, their right to tribunal hearings rather than merely to decisions-by-post); but on the other hand the Ombudsmen are working on ways to keep things exactly as they were before the HRA. came into effect The evidence of this in practice is the letters the various Ombudsmen's offices are currently sending out saying that the Ombudsmen (as opposed to the provisions of Law) still determine who does and does not get a tribunal hearing. So nothing has changed - despite the fundamental freedoms and rights guaranteed by the Human Rights Act. Does anyone smell a rat? I wonder if it can anything to do with the fact that, say, the Banking Ombudsman Office is a company whose directors work in the banking sector? But surely not. Smack my wrist for being cynical.

-- Eleanor Scott (eleanor.scott@btinternet.com), November 06, 2000.

We rest our case!

-- jacky jones (jackycolin.jones@virgin.net), November 06, 2000.