Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 69:"Page 5, line 24, leave out ““or has been an older person in”” and insert ““an older person in Wales or is an older person who has since moved to live outside””" The noble Lord said: At Second Reading the noble Lord, Lord Evans of Temple Guiting, cleared up one of my queries on this issue; namely, the curious wording of Clause 8(2). It refers to a person who has been an older person in Wales and,"““includes a person who has ceased to be an older person in Wales before this section comes into force””." The noble Lord explained at col. 1173 on 14 June that it was meant to cover those who have passed away before the Bill comes into force. Can he confirm whether the wording is also meant to cover those individuals who have moved outside Wales to another earthly abode since the incident with the service in question? At meetings before Second Reading we were assured that the Government would bring forward amendments of their own to address cross-border issues. They have done so, but some further clarification from the Minister would still be welcome. The amendments I have proposed would alter the wording so that it covers only those individuals who are still living, although they may since have moved away from Wales. The question I want to put is how retrospective the job of the commissioner should be. Should it cover those who have since passed on? The Bill allows for regulations to be made so that the commissioner can,"““give assistance to a person who is or has been an older person in Wales””." If the cases are retrospective in terms of those who have since died, how can they properly register a complaint which would trigger the commissioner to look into the system in question? What relation does that person have to be to the person who is now deceased? Is there any potential for a great-granddaughter to lodge a complaint about something that happened three generations ago? I know that some miners’ families have been able to lodge retrospective claims if a family member suffered from pneumoconiosis. Would they be covered by the commissioner? It is doubtful whether such retrospection would help to promote the best interests of elderly people today. It is arguable that it might result in a waste of resources on matters that are difficult to resolve. Indeed, I suggest that it should be considered whether it would not be better for the commissioner only to be able to open cases if the individual concerned is still alive at the time of the lodging of the complaint. As I say, that is a point for consideration. A further question is whether the Government’s wording is designed to cover those who are still living but who have since moved away from Wales. Indeed, this would also arise if my wording were substituted by way of these amendments. For how long does an individual have to have lived in Wales or to have used a service in Wales before they qualify to lodge a complaint with the commissioner? Should it include those who regularly spend the weekend in Wales or those taken ill while on a visit and end up being treated locally? Again, we look to the Minister for clarification as the Bill fails to make clear certain details that we would prefer to see laid out. I beg to move.