Commissioner for Older People (Wales) Bill [HL]

This group of amendments concerns bringing within the commissioner’s remit an older person who has moved from Wales to live outside Wales. Amendments Nos. 69 and 73 would widen the definition of persons to whom assistance can be provided to include any person aged 60 or more who lives in Wales or who, since becoming 60, has moved out of Wales regardless of whether they are or were in receipt of a service. This would have significant capacity implications for the commissioner and would dilute the effectiveness of his powers in this area. Amendment No. 79 seeks to replace the term,"““have been older people in Wales””," and provides alternative wording, which I believe aims to refer to older people who have moved to live outside of Wales since becoming 60, and thereby to enable the commissioner to undertake an examination of their case. Similar difficulties arise with this amendment as with Amendments Nos. 69 and 73. The amendment would narrow the commissioner’s remit so as to prevent him examining the case of an individual who was 60 or over and receiving a service in Wales, but who did not live in Wales and had never lived there. It would also prevent the commissioner examining the case of an individual who was an older person in Wales, but is deceased. I turn now to Amendment No. 110, which attempts to extend the definition of an older person in Wales to those who are no longer in receipt of regulated services. This could include those who have moved to live outside Wales and those who have died. As I explained previously, the Bill already provides in Clauses 8 and 9 for the commissioner to be able to assist or examine the case of an older person who has been living in Wales but who, since becoming an older person, has moved out of Wales or has died. This would include an older person who has been in receipt of a regulated service. I believe, therefore, that this addresses the noble Lord’s concerns. He also asked directly whether I could confirm that the Bill covered those who had moved away but had not died. The answer is an emphatic ““yes””. He went on to ask whether it would be possible for relations to lodge complaints retrospectively. In relation to the examination of and providing assistance for cases, the Assembly takes the view that it should be retrospective. The relatives may have registered a complaint before the person passed away. In respect of a deceased person, where there are lessons still to be learned for today, the commissioner will want to look at such matters. However, that is an operational decision for him. I hope that I have given the noble Lord a satisfactory explanation that will enable him to withdraw his amendments.