Commissioner for Older People (Wales) Bill [HL]

I shall deal first with Amendments Nos. 89 and 90, which concern premises that are subject to the commissioner’s power of entry. I shall then turn to Amendment No. 92, which concerns impediments to the commissioner’s power of entry. The Government sympathise with the spirit of Amendment No. 90 but consider it to be unnecessary. In the Government’s view, the term ““private dwellings”” used in Clause 12 does not include independent and private care establishments, and the commissioner will have the power to enter settings of that nature. While an individual’s bedroom in a private care home might be considered to be a private dwelling, the establishment or home itself would not. Amendment No. 92 seeks to strengthen the commissioner’s powers to enter premises for the purposes of the exercise of his functions under Clause 3 (to review the discharge of functions) and Clause 5 (to review and monitor arrangements). The amendment would create a new criminal offence of obstruction. The Government do not believe that the creation of such an offence would be necessary or proportionate. No such provision is found in any other ombudsman or commissioner legislation and, in our view, there is no justification for treating our commissioner any differently in this respect. The noble Lord, Lord Roberts, asked two questions. He asked, first, what the commissioner can do to enforce his power of entry. No enforcement power is connected to the commissioner’s power of entry. However, if the commissioner was refused entry, he might well want to alert the Care Standards Inspectorate for Wales or the police about his concerns and suggest that they make a visit. CSIW could enforce its power of entry if it considered that the health and safety of an older person within a premises was at risk. Non-compliance could be an offence. I should also tell the noble Lord, Lord Roberts of Llandudno, that the adult protection committees would derive any power that they had from the police. I hope that the explanation I have given to these interesting amendments is satisfactory and I ask noble Lords to withdraw them.