Bermuda will have an Ombudsman to address complaints and work on behalf of citizens with the Government.

Legislation was passed in the House of Assembly yesterday paving the way for Government to take steps in setting up the Office of the Ombudsman, who will investigate complaints of Government malpractice and make certain recommendations, including on how a certain department operates.

The role of the Ombudsman will be to improve standards of Government and to settle complaints.

In presenting the legislation yesterday, Premier Alex Scott said the passing of an Ombudsman Act would comprehensively ?raise the bar of Government transparency?.

Not high enough for the Opposition, however. While applauding the principle behind the bill, the United Bermuda Party called on Government to amend it to make the Ombudsman accountable to no one but the Legislature ? similar to the Auditor General.

Opposition Shadow Legislative Affairs Minister John Barritt raised concerns over the independence of the office.The UBP also demanded amendments allowing the Ombudsman to investigate Cabinet Ministers and Junior Ministers.

First introduced by Sweden in 1809 and now a commonplace appointment in many other countries, an Ombudsman is meant to be an individual independent from Parliament, charged with the responsibility of investigating complaints of Government malpractice.

Addressing the House of Assembly, Mr. Scott said that Government had left no history book ?unturned? in researching the functions and responsibilities of the office of Ombudsman world-wide, and that the legislation represented ?another step towards entrenching accountability? within Government.

?If you have ever had a complaint against Government, your time has come,? he proclaimed.

?I grew up in a Bermuda where the Government took advantage of me and I could do nothing. But this is a new era and I?m proud to be its leader.?

The Ombudsman would have sweeping powers to ?investigate, mediate or review? any Government process, Mr. Scott continued, adding that ?the handiwork of Ministers will be taken account of?.

The wording of the draft legislation, however, stated that ?any administrative action taken by the Cabinet or by a Minister or a Junior Minister? cannot be the subject of an investigation.

Clarifying that point last night, Director of Communications Beverle Lottimore said although the Ombudsman could not interrogate a Minister directly, the office would command the power to conduct internal investigations of any Ministry ? a point the Opposition cried foul on.

The draft legislation, Opposition whip John Barritt complained, provided for someone to watch over just about everybody except for MPs.

Cabinet policy should be protected from investigation, he said. However, such policy is distinct from administrative actions, advice or recommendations made by Ministers and Junior Ministers. ?We need, sometimes, to save ourselves from ourselves when power is exercised.?

The UBP also called for amendments to make the Ombudsman more independent, accountable only to the Legislature and a special bi-partisan committee ? like the Auditor General. ?Government, having launched the good ship Ombudsman, ought to wave it good bye and then get out of the way,? Mr. Barritt said.

He added that the legislation allowed the Ombudsman to exercise a large amount of discretion, an action highlighted in a particular section of the act which outlines how the Ombudsman can make a recommendation to an authority.

The Ombudsman may submit a report of the actions taken by the authority to the legislature, however, Mr. Barritt suggested the writing in the act, but he added that the Ombudsman should be required to submit a report to highlight Government transparency.

However, Mr. Scott said the office is to function for the benefit of citizens and does not function primarily to monitor the behaviour of Government Ministers, a feature of Westminster system Parliaments in general.

?In the past Mr. and Mrs. Bermuda have had complaints against Government and have had nowhere to turn,? Mr. Scott concluded.

?Very soon, this will no longer be so. The Ombudsman will have the power to point out when Government is in the wrong or to underscore the Government when it is right.

?It offers significant benefits to the social fabric of Bermuda and represents a watershed for our times.?