Cape Town - South Africa adopted a permanent post-apartheid constitution yesterday, putting aside divisions between black and white-led parties for what President Nelson Mandela called the nation's rebirth from a horrible past. "If it came to my attention that that was the case I would take an extremely serious view of it and expect the ombudsman to bring it to my attention."He said Mr Howard changes were mere clarification of what had always been government intention ever since an ombudsman for prisoners was first recommended by Lord Woolf in his inquiry into the 1989 Strangeways riots.After the hearing Sir Peter said that despite losing his powers he had no intention of resigning "at this stage"."It is important for both my staff and the work they are doing and particularly for the prisoners that we do the best we can for them.". In about 10 per cent of cases, Prison Service papers take a month or more to reach him, making the system too bureaucratic for short-term prisoners, remand inmates and young offenders, he said.But Richard Wilson, permanent secretary at the Home Office, denied that there had been any "hanky panky" or "obstruction" with the work of the prisons ombudsman. It affects not only my status but the status of other ombudsmen," he said.He said the cases affected by the changes would be small - up to 6 per cent of its 1,800 a year - but the most important ones, often relating to the more vulnerable inmates.He said the erosion of his rights to examine documentation would legitimise what he suspected had already happened in some cases - that files had been "weeded" before submission to him, although he had no proof He also complained of delay in getting access to papers. Britain's first prisons ombudsman has been so stripped of power and independence by Michael Howard, the Home Secretary, that he should no longer carry the misleading title, angry MPs said yesterday. An influential all-party Commons committee rounded on Mr Howard saying that prisoners and the public were being fooled into thinking the man who investigates injustice in the country's 136 jails has greater effectiveness than he has. "From what we have heard he is not an ombudsman."He is a complaints investigator who does as much as the Home Office allows him to do," said Michael Lord, Conservative MP for Suffolk Central.MPs were attacking Mr Howard's decision on Tuesday to impose three restraints on Vice Admiral Sir Peter Woodhead's powers to investigate inmates' grievances: they restrict his access to documents making him dependent on what the Prison Service chooses to hand over; it removes his right to investigate or even check any decisions by ministers or advice to ministers; and it requires him to provide draft reports for Prison Service checking before publication.Sir Peter, who took up his post in April 1994, had told the Select Committee on the Parliamentary Commissioner for Administration that he was greatly concerned and disappointed by the changes, which further eroded his already "flaky" independence."The terms of reference, in my opinion, give too much control to the very organisation which is under scrutiny," Sir Peter told the committee."I think it is very important that I am seen to have that level of independence that gives me credibility with all parties. Not so the insult dished out by his Minister of State, David Davis, to the Labour spokesman Robin Cook.

Rejecting a charge that the Conservatives face two ways on Europe, Mr Davis replied: "...looking at the honourable member for Livingston, if he had two faces, he wouldn't use the one he's got."Mr Cook may be a bit Puckish, but the personal jibe and the groans which greeted it only confirmed Mr Davis's reputation as an occasionally inept Commons performer.. Therefore the policy enunciated by Mr Forsyth was fully consistent with policy pursued by many years."With pro-European Tories finding new voice, Tim Devlin, MP for Stockton South, said there was a large community of nations queuing up to join the EU and "who look forward to the pleasure of flying a blue flag with golden stars on it".Repeatedly challenged by Labour to make clear whether the Cabinet agreed with the sceptic or the pro-European wing of the Conservative Party, Mr Rifkind hit back: "The Government's view on the EU is consistent with the views of the British public."Labour MPs jeered, but the Foreign Secretary's sharp response was appreciated on both sides of the House. Mr Forsyth was ostensibly making a protest at the EU ban on British beef exports, but according to the Foreign Secretary he was simply following government policy.The flag was raised at Question Time by Nicholas Winterton, Tory MP for Macclesfield, who denounced the anniversary as "pathetic and expensive propaganda". Ingratiating himself with the Euro-sceptics, the Foreign Secretary, Malcolm Rifkind,endorsed the stand of Michael Forsyth, Secretary of State for Scotland, in refusing to fly the circle of stars to commemorate the 46th anniversary of the community.

Even if there was another dry summer, the Environment Agency believed no such measures would be needed.Today is Europe Day - but to the pleasure of the Tory right the European Union's flag will not be flying over public buildings in Britain. Some 40,000 properties had to be turned off completely.Last year, no one had to go to a standpipe and there were no rota cuts, Mr Gummer said. Yesterday the target of Frank Dobson's general purpose oratorical bludgeon was the senior management of the privatised water industry. "The public have seen the new water bosses line their pockets at the expense of the customers," Labour's environment spokesman said as he opened a debate on water supplies, calling for mandatory targets on reducing leaks and a moratorium on industry takeovers. For water companies to maintain supplies this summer would require the goodwill of customers. "But because of the greed, sleaze and incompetence that has characterised the privatised water industry, the co-operation that people used to give will have to be earned all over again."In an equally belligerent response, John Gummer, Secretary of State for the Environment, said the two most trivial contributions to the water debate this week had been Severn Trent's advice to customers to concrete over their lawns and Mr Dobson's speech.The summer of 1976 had showed beyond doubt that the municipal and nationalised system had failed. Greed, sleaze and incompetence.

The Prime Minister's office telephoned Conservative peers to swing the vote for a change in the law on defamation which could help the Tory MP and former minister Neil Hamilton. A number of Conservative peers said they had been contacted to lobby support for the amendment to the Defamation Bill, although it was on a free vote without whipping. Mr Hamilton, MP for Tatton, could restart his action against the Guardian, according to the Lord Chancellor's Department, if the amendment in the Lords is passed by the Commons.The amendment, which was passed by the House of Lords by 1,587 votes to 57, will give MPs and peers new rights to sue newspapers over reports of their Parliamentary activities.The amendment to the Defamation Bill followed a court ruling which stopped Mr Hamilton pursuing an action against the Guardian, over reports that he had accepted payments from Mohammed al-Fayed and a six-day visit to the Ritz Hotel in Paris.. Jack Cunningham, Labour's national heritage spokesman, accused the Government of failing to consult sports bodies, who would prefer several regional academies. The Prime Minister launched the plan last year as the centrepiece of his "sport for all" initiative to commemorate the millennium. Dr Cunningham warned the scheme would be a waste of the pounds 100m allocated to the project from National Lottery profits.. The action should be heard before August.Christopher Harrison, for the DTI, said such a move had been agreed with OFC. "The matter has generated enormous public concern and it's important for it to be dealt with as soon as possible."Raquel Agnello, for OFC, said the company needed time to consider a report to be filed by the Official Receiver.Earlier, the animal welfare group, Compassion in World Farming, held a protest outside the courts, calling for a ban on the emerging industry.. Labour yesterday attacked the Government's plans for an Academy of Sport because it intends to centralise it in a single site, possibly in the Midlands.