Commissioner for Older People (Wales) Bill [HL]

I shall speak to Amendment No. 66, which stands in my name and that of my noble friend Lord Luke. The amendment would remove subsection (3) from Clause 7, so removing the ability of the Secretary of State to consent to an order that amends the list in Schedule 3 of persons whose arrangements are subject to review and monitoring under Clause 5, if it involves a person who does not meet the requirement under subsection (2)(d) that,"““at least half of the person’s expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the Assembly””." One purpose behind the amendment is to question—it has already been questioned—whether it is right that the Secretary of State should intervene in the implementation of devolved powers. Then there is the question of whether the Assembly should have the option to allow the commissioner to look at a person when at least half the person’s expenditure is not met directly by the Assembly. What kind of situation does the Minister envisage will arise that will occasion the use of that power and the reference from the Assembly to the Secretary of State? Other questions arise, such as what criteria the Assembly will have to consider before asking the Secretary of State to consent to its choice. Also, if it gets as far as the Secretary of State, on what criteria will he base his decision? Will the person in question be able to challenge the decision before either the Assembly and/or the Secretary of State and, if so, what will the process be and who will decide eventually? There is so much detail that is simply not discussed and that could be consequential on the subsection. It has been a general criticism of the Bill, particularly from the Law Society, that so much detail has been left to regulation and that the Bill has been introduced before the final outcome of the consultative process. I understand that the Select Committee on the Constitution has grave concerns and that the Minister has sought to deal with them.