Commissioner for Older People (Wales) Bill [HL]

I am happy to reassure the noble Lord that, although it is not specifically stated in the Bill, it will be possible for an older person to be interviewed with a third party present if they so wish. Clause 12(1)(b) provides that the commissioner can interview an older person in private only if that older person consents. If an older person wishes to have an independent advocate present, they may do so. The amendment is not required to enable that happen. It may work against the interests of an older person to require that a third party be present—for example, where an older person wants to disclose confidential information to the commissioner. They may want to do so in complete confidence, not in the presence of a third party. The commissioner cannot insist on interviewing an older person. Clause 12 is not about forcing an older person to provide information to the commissioner. Rather, it is about facilitating his or her ability to reach and listen to older people at their request and in circumstances in which they feel at ease. It is an interesting point, but I hope that the noble Lord, Lord Livsey, will understand the point that I am making about the wishes of older people and the rights that they have to decide what is in their best interests.