The Basics
What is an Ombudsman?
An Ombudsman is an independent official who investigates complaints from the public about public authorities to ensure fair treatment and good public administration.
The Name
The word "Ombudsman" comes from Swedish, derived from the Old Norse term umboðsmaðr, meaning "representative" or someone given a charge, commission, or task. The modern institution traces back to the first Swedish Parliamentary Ombudsman established in 1809.
The Role
An Ombudsman acts as:
- a neutral investigator who examines complaints about government maladministration
- an advocate for fairness who ensures citizens are treated properly by public authorities
- an independent voice that operates free from government control or influence
- a bridge between the public and public authorities
Historical Context
The concept of addressing grievances against official actions is ancient:
- Ancient Egypt: Pharoahs appointed complaint officers attached to royal courts
- Imperial China: Mandarins established methods for the public to complain about official actions
- 1712 Sweden: The Swedish King (inspired by the Ottoman Empire) appointed a high-level official to oversee royal courtiers, which evolved into the first fully independent modern Ombudsman in 1809
Today
The Ombudsman institution has spread globally over the last 30 years. Today, there are over 200 Ombudsman institutions from more than 100 countries that are members of the International Ombudsman Institute, the only global organisation for cooperation of ombudsman institutions worldwide.
What Makes an Ombudsman Unique?
- Independence: Not controlled by any government authority
- Accessibility: Free service available to all citizens
- Informal process: Less formal than courts, more approachable
- No power to punish: Makes recommendations rather than binding orders
- Focus on fairness: Looks at whether actions were fair and reasonable, not just legal
In essence, an Ombudsman is the people's representative who ensures that government agencies treat citizens fairly and follow proper procedures.
What is the History of the Ombudsman in Bermuda?
2001 - The Constitution Creates the Office
In 2001, an amendment to the Bermuda Constitution Order 1968 created an Office of the Ombudsman. Chapter VI A, Section 93A of the Bermuda Constitution 1968 establishes two fundamental principles:
Independence in Appointment The Ombudsman is appointed by the Governor after discussion with the Premier, who must first consult with the Opposition Leader.
Operational Independence In performing their duties, the Ombudsman operates independently and is not under the management or control of any person or authority.
2004 - Legislative Framework is Established
For the Office to open and begin receiving complaints, the Legislature needed to pass legislation defining its functions and powers.
In 2004, the Governor gave assent to the Ombudsman Act 2004, which set out the specific powers, procedures, and responsibilities of the Office.
2005 - First Ombudsman Appointed
In August 2005, Arlene Brock was appointed as Bermuda's first Ombudsman. The Office officially opened in 2005, with the formal opening ceremony held in January 2006.
Why Constitutional Status Matters
The Ombudsman's constitutional status is crucial for protecting the Office's independence. Unlike regular government offices, the Office of the Ombudsman can only be abolished by amending the Constitution through an Order in Council by the UK Government.
This means:
- An act of Parliament alone is not sufficient to dismantle the Office
- The Ombudsman cannot be easily removed due to political pressure
- The Office has robust institutional protection
This structural independence ensures the Ombudsman can investigate government actions without fear of retaliation or interference.
How is the Office Funded?
Ombudsman's Salary
The Ombudsman's salary is charged directly to the Consolidated Fund (Section 4, Ombudsman Act 2004).
What this means: The salary comes from a protected government fund and is not subject to annual budget negotiations, helping to safeguard the Ombudsman's independence.
Operational Expenses
All other Office expenses are funded through the annual budget process, including:
- Salaries of staff officers
- Office operational costs
- Investigation expenses
- Administrative costs
These funds are appropriated by the Legislature as part of the Bermuda Government's annual budget process (Section 23, Ombudsman Act 2004).
How is the Ombudsman Appointed?
The appointment of the Ombudsman is made by the Governor under Section 93A(1) of the Bermuda Constitution Order 1968.
The Selection Process
The Ombudsman selection follows a rigorous, transparent process designed to ensure indepedence and competence:
- Public Advertisement: The position is advertised publicly
- Advisory Panel Formation: The Governor organises an ad-hoc Advisory Panel, chaired by the Deputy Governor, to review applications.
- Application Review & Shortlisting: The Advisory Panel reviews all applications and creates a shortlist based on key job requirements.
- Competency-Based Interviews: Shortlisted candidates are interviewed and assessed on six core competencies:
- Analysis & decision making
- Management & leadership
- Communication skills
- Negotiation & mediation skills
- Civil service knowledge
- Administration and legal knowledge
- Panel Recommendation: After scoring candidates against these competencies, the Advisory Panel recommends a final selection of candidates to the Governor.
- Final Interviews with the Governor: The Governor meets with each of the recommended candidates individually for a final interview
- Consultation Process: The Governor makes the final decision following consultation with the Premier, who would have consulted the Opposition Leader
- Official Appointment: The appointment of the new Ombudsman is announced and made by instrument under the Public Seal
Why This Process Matters
This multi-step process with oversight from multiple parties ensures:
- Independence: No political party controls the appointment
- Transparency: Public advertisement and clear criteria
- Competence: Rigorous assessment of necessary skills
- Legitimacy: Broad political consensus through consultation
