Despite vocal reservations about restrictions on the Ombudsman to investigate Cabinet Ministers, the Opposition and Independent senators allowed the Ombudsman Act to pass unopposed yesterday.

The exemption of Ministers and Junior Ministers from the Ombudsman?s radar set a double standard, Opposition Senate Leader Kim Swan said. ?You are telling Cabinet Ministers...? You can act unethically, in a way detrimental to the civil service, because guess what? You can?t be held accountable?,? he said. ?Transparency, thrown out the window again.?

The Ombudsman Act 2004 creates the post of the Ombudsman, an office similar to that of the Auditor General in that it is meant to be an independent Government watchdog.

Whereas the Auditor General keeps tabs on Government spending, the Ombudsman would investigate complaints and grievances against Government ? save for Cabinet Ministers and Junior Ministers.

That, Government Senate Leader Larry Mussenden said, is ?the rule?, with only one or two of the many jurisdictions examined by Government when drafting the legislation saying otherwise.

The Opposition was not satisfied, however. Any investigation started by the Ombudsman may be hampered by the exemption, Sen. Swan said, as they are the ?heads? of the Government body.

?This is a civil service that needs to be treated the same way as the people they take orders from ... What would any Cabinet Minister want to hide from the same accountability that their civil service counterpart will have to endure?

?Particularly when they participate ever so much in the outcome ... You are holding the civil service up to a greater degree of scrutiny than Ministers will allow themselves.?

The civil service, perhaps, should be a lobbying force ensuring the fairness of the legislation, he added. Concerns about the level of involvement of the Premier as opposed to the Legislature with the Ombudsman as well as who will control the budget of the office were also raised.

With special reports being made by the Ombudsman to the House of Assembly, Sen. Mussenden said it would become obvious if problems went up to the highest level. Ministers are answerable in the House of Assembly and the Senate, he added. Sen. Mussenden said the office would have an initial budget of about $600,000, covering salaries, furnishings, promotions and advertising.

A start-up full-time staff of four was budgeted for, with the ability to hire more staff when necessary. The Ombudsman would also have an ?educative? role, Sen. Mussenden said, even developing a Code of Conduct for how to handle complaints against Government.

With Independent and Government senators alike admitting the legislation was a ?work in progress?, Sen. Mussenden agreed. ?It?s a beautiful work in progress,? he elaborated. ?Like standing in the Louvre looking at the Mona Lisa ... This is a thing of beauty.?