Montserrat 9

There is no intention to entrench the Ombudsman in the new Montserrat Constitution.  The section 104-105 provisions relating to the Ombudsman are most unsatisfactory.  The office is not to be constituted by the Constitution but is left for a law, which may or may not be passed, to do so. 

This supervisory officer of the Legislature is one of the most important watchdog institutions that a free people can ever have.  The people of the British Overseas Territories in the West Indies have been exposed to arbitrary and despotic decisions by government departments for decades.  Without the resources to fund a High Court action, the victims have been without remedy. 

This office is generally recognized as one of the most liberating that a Constitution can provide.  The Constitution should establish the office and set out his functions, tenure and immunities in the usual way, as exemplified by the Constitution of Antigua and Barbuda.

If the Ombudsman has so low a priority in the collective mind of the legal advisers to the FCO, what hope can we in Anguilla have that it will have a higher priority when the FCO gets around to putting pressure on the Anguilla Government to move forward on constitutional reform?

Ombudsman

Complaints Commissioner:  We are now looking at how a public service demonstrates the principle of accountability.  There are a number of techniques used by different countries to ensure accountability in the public service.  The first one we shall look at is the Complaints Commissioner.  This is, of course, the famous Ombudsman, one of the few great human rights inventions of the Europeans.  Without an Ombudsman or Complaints Commissioner, John Public must rely for enforcing his rights against an unfair and biased public officer on going to Court.  And, we all know how expensive and unsatisfactory that can be. 

The Ombudsman, on the other hand, is free, is completely independent of any politician or public servant, and reports only to the Legislature.  Many of the larger islands have a Complaints Commissioner, but few if any of the smaller ones do.  If the objection to such an appointment is expense, then there is no reason why the function of the Ombudsman should not be combined with other functions, such as a Human Rights Commissioner or a Police Complaints Authority. 

Related Posts:

Human Rights

Complaints

Patriotism  

Informed

Proposals to reform section 3 of the Anguilla Constitution.  We have been looking at our right to personal liberty guaranteed by the Constitution under section 3.  Many lawyers consider this section of the Constitution defective in one specific way.  In dealing with persons arrested on suspicion of having committed an offence, it does not provide that he is entitled to be told of his rights.  These rights include our right to remain silent.  If we volunteer any information to the police after we have been given this warning it can and will be used against us in a court of law.  We also have the right to an attorney to advise us before we give the police a statement.   In the USA, but not in Anguilla, we have the right to be provided with an attorney to advise us before we are questioned by the police. 

It has been left to the Courts to interpret and to enforce the ancient common law entitlement to these rights.  You may agree with me that such a right is better included as in the fundamental rights in our Constitution, rather than being left as a common law right for judges to interpret one way or the other.  The Attorney-General’s Chambers and the police fought hard to have this recommendation deleted from the Report.  They would prefer their powers to interrogate and question suspects left a bit more woolly, as it makes it easier for them to secure a confession or an admission that can be used against the suspect. 

The better modern practice would require that a person arrested should be entitled immediately upon his arrest, and not after he has been brought to the police station and made to sit on the bench for a few hours, to be told of his rights.  You have seen this right at work in US movies, when a police officer pulls out of his pocket a little card with the prisoner's Miranda Rights on it and reads it out to the prisoner.  The process is named after the case in the United States which established that it was a constitutional right.  The officer must as soon as practicable after the arrest read out these rights to the suspect, even as he is taking him to the car or police van.  The 2006 Report of the Constitutional and Electoral Reform Commission recommended that there should be a new sub-section of the Constitution setting out this right in the clearest language.

Another important reform would be to provide for an Ombudsman with power to investigate complaints of abuse of this and other fundamental human rights.  The main function of an Ombudsman is to investigate any complaint relating to any decision or recommendation made or any act done or omitted by any officer of the Government or statutory body in any case in which a member of the public claims to be aggrieved, or appears to the Ombudsman to have sustained injustice as a result of the administrative functions of that officer or body. 

The Ombudsman is found in several Commonwealth Caribbean countries.  These include Antigua and Barbuda, Trinidad and Tobago, and Barbados.  Typical faults in administration that the Ombudsman investigates include delay, bias, unfair discrimination, failure to give proper advice, discourtesy, and failing to follow recognised procedures. 

While the Ombudsman is not established to be a national human rights organisation, in practice the office of the Ombudsman performs some of the functions.  In addition to dealing with complaints of maladministration in the public service, the Ombudsman could investigate complaints of the public against abuse of power by the police.  It would be a very useful reform if, when the office of Ombudsman is introduced into the new Constitution of Anguilla, he was given specific powers to investigate claims of breaches of fundamental rights.

Grenada

HE GG Sir Danny Williams, centre

It almost seems like the new Grenada Government has been following this blog. Either that, or its policy makers are avid readers of the Barbados Free Press. If the Barbados Free Press is the most important medium in the West Indies demanding integrity in public service, then the Caribbean Net News is the only worthwhile regional provider of up to date political, economic, and social news. I make the time to read them both each day. If you have any real interest or involvement in the West Indies, I urge you to do the same.

What can only be described as a flush of pleasure ran through me when I read the Net News story from Grenada today. It reported on the first sitting of the Grenada House of Representatives since Tillman Thomas became Prime Minister. Governor General Danny Williams read the Throne Speech. This was the extract that really got my attention:

“The Governor General announced that the government will set up an Integrity Commission to ensure integrity in public life. The Commission, he said, will obtain declaration of the assets and liabilities and income of persons in public life.

He also said a Public Procurement Authority will be established to regulate public procurement and practices in the Public Service.

In a move to prevent corruption, the Governor General also announced the establishment of an Investment Policy Review Committee to look at investment proposals (local and foreign) before they are considered by Cabinet, as well as a National Economic Council to advise the Government on macro-economic policies and other major issues.

Sir Daniel also announced the appointment of an Ombudsman, who will have the power to investigate the administrative actions taken by on behalf of Government and other public authorities, including statutory corporations.

He also said that the government will concentrate on good governance, reducing the cost of living and stronger economic management.”

The list of proposed reforms reads in the main like an index of this Blog:

Integrity Commission

Register of Interests

Public Procurement Authority

Investment Policy Review Committee

National Economic Council

Ombudsman

Good Governance

Reducing Cost of Living

Strengthening Economic Management

These are issues we in Anguilla can only dream about. We can imagine how much of an improvement could be made in our government if we had one half of these measures in place. Unfortunately, with a government that runs the country like it is a second hand car sales outlet, we have no hope at all.

If PM Thomas really means what he says, then Grenada has a hope for recovery. None of us will ever forget how the police and coast guard of Grenada pirated the Red Cross and other humanitarian relief vessels that went from Trinidad to Grenada after Hurricane Ivan in 2004. And, they got away with it scot free. If he is really serious, then one of the most corrupt, failed states in the West Indies may yet be turned around. If it is just empty promises, like PM David Thompson of Barbados seems to be making, then we shall have been betrayed by our leaders once again.

Let us give PM Thomas the traditional first one hundred day honeymoon period to see what he actually does about these promises.

Business Licence

No, there Are No Licences Required in Anguilla for Doing Business. I cannot believe it. A civil service friend of mine contacted me recently. He had been told that he had to get a business licence to continue to do his photography business. He has a good camera. He tells me that he has been taking photographs for years. He has started to earn some money from his hobby. He does not have a photo studio, just his home. He does not have a sign outside his home advertising that he is doing business from there. He has no studio in his home. All his advertising is by word of mouth. He has got some real lucrative commercial work recently. Word has got back to the Inland Revenue. Someone in his department tapped him on his shoulder and told him that questions were being asked. Did he have a business licence? If he did not get a licence he was going to get in trouble! So, he had gone to Inland Revenue and paid for and obtained the licence. It cost him about US$1,000.00. He has been told he has to renew it annually.

He asked me the question. Did he need a business licence to do what he was doing? The answer is a resounding NO! There is no licence required for doing business as such in Anguilla. There never has been.

About 20 years ago, Lawyer Fred Kelsick tested the law. Fred Kelsick was a St Kitts lawyer. He has died now. He used to come to Anguilla to represent his clients in court and give advice and other legal services. Charlie Gumbs of the Quarter was his agent. You made appointments by contacting Charlie to find out when Mr Kelsick was coming next to Anguilla. Mr Kelsick interviewed his clients outside the court house, under the loblolly tree that is still there. That was the old court house, which we now know as the “Statistics Department”. The police served a summons on Mr Kelsick. It had been approved by the Attorney-General. The charge was for working as a lawyer in Anguilla without a business licence contrary to section 3 of the Trades, Businesses, Occupations and Professions Act. I do not remember who the Magistrate was. He threw out the charge. The Magistrate ruled that you don’t need a licence to do business in Anguilla.

You do not have to be a lawyer to see why he threw out the charge and told the police not to harass Mr Kelsick. You only have to be able to read a simple sentence. Section 3 of the Act reads:

Obligation to obtain licence to carry on certain trades, businesses, occupations and professions

3. Every person carrying on any trade, business, occupation or profession set out in the Schedule shall take out an annual licence in accordance with the provisions of this Act in respect of each premises or place where such trade, business, occupation or profession is carried on, and shall only carry on such trade, business, occupation or profession from such premises or place.

It should be obvious. The licence is in respect of “each premises or place where such trade, business, occupation or profession is carried on”. If you set up an office in your home, advertise it, and have customers come to your home to conduct the business, it is arguable that your home is a place of business. But, if you only practice your profession in a public place like a courthouse, and interview your clients under the loblolly tree, then you do not have a place of business that can be licensed. Nor do you have to.

The late Clement Daniels used to have a retail business called Galaxy Shoppe. It had two outlets. One was at Wallblake. He had another branch at The Valley where Brodie runs his retail outlet. He had two places of business. He had to obtain two licences under the Act.

My friend does not have a place of business. What he is doing does not require a place of business. He goes out on assignment to take photographs. He is photographing a wedding at a hotel one day, at an event of one kind of another at a different place the next day. The Act goes on to say that if you do have a licensed place of business, you cannot open additional branches all over the island. If does not say that you cannot carry on a business without having a licensed place of business. Do you think that my friend needs a licence?

Well, do we need an Ombudsman in Anguilla, or do we not?

I told my civil service friend I hoped he had permission from the Governor to be doing an outside business. But, that is another story.

Complaints

Why Do We Need a Complaints Commissioner? I was reading through the Cayman Net News this morning. I saw that their Complaints Commissioner, Dr John Epp, has released a report. I found it instructive. We all have our favourite complaints about the Anguilla Public Service. There are the goods that were shipped from overseas and held in the Customs warehouse. When you returned to pick them up, they were gone. No one in Customs could tell you what happened to them. There was the Immigration Officer who was rude to you when you claimed you were an Anguillian. She told you that so long as you showed her a US passport, she would give you a limited time to stay on the island. There was the Planning Officer who would not permit you to build as you wanted. You had to go to the Minister to get him to tell Planning to stop harassing you. Indeed, in Anguilla almost the only remedy we have when we come upon a stubborn public officer is to go to the Minister and ask him to tell the officer to keep quiet. It is how we do it in Anguilla. We are not alone, many other islands function in this way. It is not the right way. It is a perversity. It undermines the public service. But, we needs must find a remedy when we believe that a public officer is not performing. That is where the Complaints Commissioner, or Ombudsman, comes in. He is the one to whom we take our complaints. He investigates and tries to fix the problem. He is paid by the House of Assembly and answers to no Minister. He is paid to be independent and fearless. We in Anguilla need and want such an institution. It was recommended at paragraph 181 of the2006 Report of the Constitutional and Electoral Reform Commission. It reads:

181. Complaints Commissioner. Anguilla has no Complaints Commissioner or Ombudsman. The only remedy for administrative abuse at present is an action for damages in the High Court. High Court proceedings are not only expensive but are often not the best remedy for improper conduct on the part of a public servant or government department. Representations have been made to the Commission that it is time that such relief be provided to citizens who have a complaint of oppressive or unfair treatment by any government officer. The Commission is satisfied that it is appropriate for Anguilla to have an Ombudsman at this time. The Commission recommends that there be provision in the Constitution for the office of Ombudsman, to report to the Assembly and to be regulated by an appropriate law.

In his report, Dr Epp gives some examples of the types of problems the Office of the Complaints Commission (OCC) had to deal with in the Cayman Islands last year. Let is look at some of them, taken directly from the Cayman Net News story. We will find that they are not so different from the types of complaints that we in Anguilla would like to make.

Case 1: Oil spills at the landfill – Investigation completed 10 November 2006
The OCC is still monitoring the outcome of one complaint that raised Environmental concerns at the George Town Landfill.

In February 2005, a complainant accused the Department of Environmental Health of failing to store waste oil drums from the George Town landfill securely and contaminating the surrounding area. He reported that leaking drums were littering the Harquail Bypass after being displaced in Hurricane Ivan in September 2004, and although the department was aware of the problem nothing was being done.

The OCC investigation found that drums had not been properly sealed or stored. While the DEH was taking action to clean up the contamination at the time of the complaint, the OCC considered the complaint justified. Poor storage and the excessive number of waste oil drums that had accumulated at the land fill during hurricane season had evidently contributed to the problem.

The DEH had also failed to keep accurate records of the waste oil it received. The OCC made seven specific recommendations to address storage and record keeping. At the time of publication almost all the recommendations had been implemented so the OCC continues to monitor the situation closely.

Case 2: Refusal of a Work Permit – Investigation completed 29 August 2006
Evidence revealed that the Work Permit Board (WPB) had made the right decision over a work permit renewal complaint which, was not upheld.

A work permit holder came to the OCC complaining that his renewal had been refused because his employer did not have a satisfactory training programme in place but, he believed his employer did indeed have a programme and other factors had influenced the board’s decision.

Investigations by the OCC and consideration of the evidence, including several resignations and contradictory submissions to the WPB by the firm, indicated that whatever training may have been in place was less than genuine.

The OCC decided that the WPB’s process and deliberations which led to the conclusion that the company had failed to meet the requirements regarding a proper training programme for Caymanians was sound. As a result the OCC found no case of maladministration.

Case 3: RCIPS fails to resolve complaint in time – Investigation completed 8 September 2006
Some five recommendations were made to the RCIPS Complaints and Disciplines Unit, (CDU) after it failed to properly act on a complaint made to them by an alleged victim of car theft.

Ten days after logging a complaint surrounding the details of the reported theft to the CDU, resident made a complaint to the OCC. After conducting an investigation this office found that although the CDU was hampered by the Vehicle Licensing office’s delay in supplying documents pertinent to the case, it was still at fault. It failed to contact the complainant about the progress of his case until the OCC began its investigation.

This case included input from the Governor and the Attorney General as it also raised issues about the OCC’s jurisdiction.

Importantly, however, it led to a greater understanding by the RCIPS that its internal complaints system needed to be reviewed and action to improve it.

Case 4: RCIPS follows procedures - Investigation completed 13 April 2007
The Office of the Complaints Commissioner was established to investigate complaints that government departments fail to resolve. When one complainant reported that the RCIPS had confiscated his belongings when he was arrested and given them away, the OCC discovered that the RCIPS Complaints and Discipline Unit police had investigated the accusations.

After the OCC met with the CDU it was apparent the case was being addressed properly and in accordance with procedure. The CDU was ultimately resolved in favour of the complainant, and the OCC decided that proper action had been taken by the CDU so the complaint was unfounded.

Case 5: Wastewater and the Turtle Farm – Investigation completed 30 August 2006
A complex complaint in April 2005 accusing the Water Authority, (WA) of failing to monitor the discharge of wastewater from the Cayman Turtle Farm, (CTF) revealed environmental concerns, but indicated the authority was not at fault.

When a concerned citizen reported that the discharge of effluent water from the CTF into the sea was not being regulated the OCC began a long investigation that involved a number of organizations and expert reports. The investigation was further complicated by the potential impact of a proposed dolphin facility at the same site.

Over 16 months the OCC watched the WA watch the turtle farm and found that the WA complied with the WA Law and was calling the CTF to account. As well as hearing evidence from the Department of Environment, the OCC considered expert research and an impact study. In the end it found that the WA was doing all it could within its regulator parameters. (After writing to the CTF with its concerns the WA deferred CTF’s license and warned of prosecution.)

In a case dragged out by the CTF’s failure to meet all the WA requests in a timely manner, the OCC concluded that the complaint against the WA was not founded.

Case 6: Trade & Business License Board to explain decisions – Investigation completed 13 December 2006
Regardless of the reasons for a deferral the Trade and Business License Board should explain its decisions to those directly affected was the conclusion of one investigation following a complaint against the board.

When an application to operate a small business was deferred in order for the board to collect evidence from the National Roads Authority, (NRA) the OCC discovered the board had not informed the complainant.

It said this was because of their concerns that an explanation would have caused the complainant to call the NRA, which they believed would have been inappropriate. The OCC concluded however, that the board need only have said it was waiting for information from an unnamed government office.

The OCC found in favour of the complainant and recommended that more detailed explanations of the decisions made by the board are given to applicants.

Case 7: The DEH and notification over a garbage skip – Investigation completed 13 September 2006
A poorly placed garbage skip led to a resident’s ill health and a complaint that involved the DEH and the Central Planning Authority, (CPA) being upheld.

When a resident found a skip some 20 feet from his bedroom window as opposed to at the opposite side of the development site as expected, he registered a complaint with the OCC.The subsequent investigation revealed that while the complainant was led to believe the skip would be sited in a given spot according to the original plans, a later meeting of the CPA granted permission to the developer to move it without offering the complainant a chance to object.

The timely involvement of the OCC ensured that the skip was moved to the original location, and that new processes were adopted to ensure proper notification.

Case 8: Public Transport Board improves procedures – Investigation completed 20 June 2007
A letter of apology and the establishment of a secretariat were two of the recommendations made by the OCC to the Public Transport Board, (PTB) after the commissioner found the board had failed to respond in a timely manner to a complaint.

Following the submission of an application for a specialist transport service, the applicant came to the OCC complaining that the PTB had failed to provide him with the correct information and was slow to respond to enquiries. An investigation by the OCC discovered that administrative and communication problems within the PTB had led to a delay in response.

The OCC concluded that while the PTB had provided accurate information it had not done so in an acceptable time period and the second part of the complaint was well founded. The case also resulted in a promise from the Minister of Tourism, Environment, Investment and Commerce that flaws in the administration of the PTB would be addressed.

Case 9: Child and Family Services to provide assistance - Investigation completed 13 December 2006
One parent was approved to receive school lunch assistance for her children when the OCC found a case of maladministration at the Department Child and Family services. After receiving a complaint from a parent who had been refused assistance, the OCC discovered that certain conditions had been imposed on her.

However, under the Poor Person’s (Relief) Law the department did not have the authority to do so. Moreover, there was an evident lack of Regulations in the current framework guiding the department’s decisions.

The OCC was therefore, concerned that arbitrary decisions could lead to injustice and discrimination. It was recommended that until relevant regulation was in place temporary relief should be given to children without (illegal) conditions.

Case 10: License deferrals by the EBE – Investigation completed 14 November 2006
A local contractor complained to the OCC that the Electrical Trade Licensing Board of Examiners (EBE) had undermined its right to a timely appeal by twice deferring license applications for its wireman and electricians.

During its investigation the OCC found that because the EBE were unable to ascertain independently information about the electrician’s qualifications it twice deferred the contractor’s applications.

After a refusal and then a resubmission the board finally granted the licenses. The delay of over three months however, caused by the deferrals was significant and the contractor was prevented from following through with a right of appeal.

As a result the OCC recommended that there should only ever be one adjournment to allow for more information before a decision is made, other than in exceptional cases.

The Aim of the OCC is to investigate in a fair and independent manner complaints against government to ascertain whether injustice has been caused by improper, unreasonable, or inadequate government administrative conduct, and to ascertain the inequitable or unreasonable nature or operation of any enactment or rule of law.

It is pathetic that we in Anguilla have no similar remedy. We are obliged to go running to some fixer to do us the favour of calling on the offending public servant to do his job. Then, we worry what favour we will be asked to give in return. As my Dominican friend likes to say, “You can do anything you want in Anguilla, so long as you have a Godfather”. What kind of a way is that to live? The answer is that we live as close to the jungle as it is possible to get in this day and age. We can only read and wonder at how luck those Camanians are!

Patriotism

Patriotism is the Last Refuge of a Scoundrel. So pronounced Samuel Johnson, the British lexicographer. I read a story on the Barbados Free Press today [link here]. It was about how Ministers of Government in Bridgetown use “patriotism” to silence their critics. It rang a bell with me. I never thought it was possible in Barbados. Not only is it possible. We learn that recently Barbados Government Ministers have taken steps to suppress free speech and opposition. Government Ministers now openly threaten citizens who ask reasonable questions about the lack of accountability and transparency and the conflicts of interest that make overnight millionaires of elected representatives. On the Barbados Labour Party Blog [link here], and in the Nation News [link here], citizens are being told that they should remain quiet about corruption in the Barbados government. The explanation given in the two links above? To publicly speak about government corruption is “unpatriotic”!

Thank heavens nothing like that can happen in Anguilla! We don’t have corruption at Ministerial level.

Compare that with the story from the Cayman Islands about the Ombudsman investigating a complaint against a Minister [link here]. Cayman Net News has filed a complaint with the Ombudsman against Minister Charles Clifford for cancelling freight arrangements for the paper’s newsprint from Miami. The reason? The paper has been printing articles critical of the Minister [link here]. The Minister has retaliated against the paper by making it difficult for them to get newsprint. Nothing like that could happen here in Anguilla. Our papers don’t print articles critical of any Minister! It also helps that we do not have an Ombudsman. So, we cannot complain even if we wanted to!

Uniqueness

Guest Editorial: What Is It about Our Uniqueness? The following question was asked by one of my correspondents. I thought it was worth a post.

I’ve heard it said many times that we are a unique people (and to some extent we are, but then so is everyone else) and at a recent meeting of the members of the House of Representatives at the Road Primary School a certain “eloquent’ young man kept using the expression when addressing the issue of the Ombudsman. He thought that even though it might be working elsewhere, he kept reminding you and others, we should remember we are a unique people. What exactly did he mean and exactly what do we mean when we use that expression? Where has that got us and where is it likely to get us in the future? I am curious to learn what people mean when they refer to us as “unique”.

It certainly cannot mean that we are not subject to the usual conditions of the human race! This includes a susceptibility to temptation. Greed, lust, envy, pride, covetousness, glutony, and sloth beset us on all sides. We lack the protective institutions that larger societies have. We are a small and fragile society, given our tiny size. We can learn from the usual precautions that other societies have found useful to take to protect themselves. Perhaps we should be researching them and implementing them, if we want to remain unique in a pleasant sense.

Complaints Procedure

Why are we not considering a complaints procedure in Anguilla? If we are mistreated by a government department who do we complain to? Can we appeal to anyone if injustice is served out to us by a public servant?

Falkland Islands is doing something about it. See the article in the Falkland Islands News Network. It is a summary of what was discussed in their Executive Council on 29 January 2007. I am reading it today, 30 January. That is the day following their Executive Council meeting!

Why do we not get told even a week later what was discussed in our Executive Council? Why is everything so secret? What are they ashamed about? Why can we not have a little transparency in our government? It is not a legal requirement that Executive Council minutes be kept secret. It is only a bad habit that we have grown accustomed to.

It is not as if we do not have the resources to be more transparent. Our Chief Minister has a Special Assistant PRO, Curtis Richardson. He has also recruited Wycliffe Richardson to hold Curtis’ hand. What are the two of them doing? Why do we not hear from either of them what the government is saying and doing on our behalf?

Then, there is the government website. See if you can find anything interesting on it. It has got to be one of the most boring government websites in the entire West Indies. The Chief Minister could change all that by ordering a summary of every Executive Council meeting to be published on the website immediately after every meeting.

Corruption

“Corruption”.
Transparency International has argued for years that acts of corruption involve a giver (the supply side) and a taker (the demand side). TI advocates strong measures to curb bribery’s supply side, including the criminalisation of overseas bribery under the OECD Anti-Bribery Convention. Steps to curb the demand side include disclosure of assets for public officials and adoption of codes of conduct. It is up to foreign legislatures to criminialise overseas bribery. Only we here in Anguilla can insist that our public officials disclose their assets and adopt codes of conduct. What are we doing about it? By comparison with our lackadaisical approach, the new administration in Nevis shows us how it can be done here.

As a minimum we in Anguilla also need an Integrity Act to govern the conduct of Ministers and senior public servants. The present system where the Anguilla Public Service Integrity Board must wait until the governor decides to pass a matter to the Board for advice is not satisfactory. We need a permanent Commission to hear complaints from the public. It must have the power to investigate ministers and public servants. It should have the power to summon witnesses and to prosecute those who obstruct its activities. We need better Finance Regulations to clearly outline the procedures for the management and accounting of government finances. We need a Procurement Act to establish a central Tenders Board to award all public contracts and to lay out the procedures for competitive bidding. We need an Ombudsman to assist ordinary members of the public who are oppressed by administrative inaction and unfairness.