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Ombudsman: Premier agrees to meet ‘from time to time’

Premier Paula Cox and Ombudsman Arlene Brock, have agreed to meet periodically, following Ms Brock’s complaints that she was pressured not to conduct an investigation.“Further to our 2011 Annual Report, Madam Premier requested to meet with me to discuss my concerns about the Constitutional independence of our office,” said Ms Brock in a release.“We agreed to meet from time to time in future to ensure frank, cordial communication and clarification about procedural and other concerns.”The Ombudsman added: “While we may not be in full accord on every substantive issue, I am confident that such periodic communication will enhance mutual understanding, support for the oversight function of this office, and, shared commitment to promote the principles of good governance.”Ms Brock said that similar agreements exist in Ontario and the UK.In her latest annual report, Ms Brock stressed that her office’s independence was protected by the Constitution, and she revealed that she had been pressured not to conduct an own motion investigation into special development orders.“After announcing the investigation in April 2011, I endured six high level conversations with three different persons over a four-week period during which I was asked, advised, cajoled and urged not to conduct it.”“Finally, I was told ‘there is no value to this investigation’,” Ms Brock reported.She did not state who had pressured her or what body they represented.She continued: “My jurisdiction to launch the investigation was and continues to be challenged despite an independent legal opinion from the UK supporting my jurisdiction.”Ms Brock said this was the first time in six years she had experienced such pressure, and concluded it was a result of a fundamental misunderstanding or ignorance of the stature of independent oversight in a democratic society.But Ms Brock said that such pressure “is an invitation to an Ombudsman to dig twice as broadly and twice as deeply”.Ms Brock’s investigation resulted in a special report issued in May which claimed Government had acted illegally by failing to conduct an Environmental Impact Assessment, as required by the UK Environmental Charter, before granting an SDO to Tucker’s Point.Minister for Planning, Environment and Infrastructure Strategy Marc Bean denied that Government acted illegally, saying the Charter was not legally binding and only “aspirational”.He further called Ms Brock’s decision to launch an ‘own motion’ inquiry unusual, and questioned whether the Ombudsman was biased.