Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 48:"Page 3, line 22, at end insert—" ““(   )   the implementation of the guidance on best practice issued under section 11”” The noble Lord said: The purpose of the amendment is to extend the commissioner’s powers under Clause 5 to include arrangements for the implementation of the guidance on best practice. I am pursuing this point because I understand there may be disputes in the future as to whether the equality body or the commissioner will have the power to monitor unless an express power is contained in the legislation itself. Having regard to the fact that the guidance on best practice has a special importance in promoting enhanced standards of service and care, it is my submission that the commissioner’s power of monitoring under Clause 5 should be extended to enable him to monitor the implementation of guidelines. In Committee last week, when the noble Lord, Lord Roberts of Conwy, sought to widen Clause 3 by inserting the word ““monitor”” after ““review””, and again when he sought to insert an additional power in this clause, the Minister said that the amendment was unnecessary. He said:"““The term ‘review’ is inclusive of monitoring activity””.—[Official Report, 18/10/05; col. GC 229.]" If that is so, why does the Bill not say so? I have always understood that ““review”” is a survey of past actions but that monitoring—which of course, in a sense, is a review—is undertaken to measure or test past actions for the purpose of regulation or control. Therefore I believe that the power to monitor should be set out in the Bill. It is just as important as the other three powers in Clause 5—that is, the advocacy arrangements, the complaints arrangements and the whistle-blowing arrangements. But why does not Clause 5 also include the implementation of the guidance? I beg to move.