Commissioner for Older People (Wales) Bill [HL]

Amendments Nos. 41 and 64, which stand in the names of the noble Lords, Lord Livsey of Talgarth and Lord Roberts of Llandudno, as well as government Amendments Nos. 44 and 68, deal with making additions to Schedules 2 and 3. Clauses 4 and 7 provide that the Assembly may add a person to the lists in Schedule 2 (persons whose discharge of functions the commissioner may review) and Schedule 3 (persons whose arrangements the commissioner may review and monitor). Amendments Nos. 41 and 64 would introduce confusion. They would enable the Assembly by order to add to Schedule 2 and Schedule 3 respectively any body that had functions,"““in a field which is related to Wales””." That could include a number of UK-wide bodies operating in non-devolved fields. Neither we nor the Assembly would want such confusion introduced. I am glad that the noble Lord, Lord Roberts of Llandudno, has welcomed Amendments Nos. 44 and 68, which will place on the Assembly a duty rather than a power to specify which functions of a person to be added to Schedule 2 and Schedule 3 are to be in the commissioner’s remit. If the Assembly was not under such a duty and such details were not included in a relevant order, the resulting lack of clarity could create confusion among Schedule 2 and Schedule 3 persons, among older people and for the commissioner about the extent of his or her functions. Neither the Government nor the Assembly would want there to be any doubt that the functions of the commissioner are to be strictly related to devolved areas only.