Commissioner for Older People (Wales) Bill [HL]

Amendment No. 93 seeks to remove the Assembly’s ability to confer further functions on the commissioner. That would mean that further functions could be conferred on the commissioner only via primary legislation. The Bill enters an area of law which is devolved to the National Assembly for Wales. It is the Government’s view, therefore, that it is appropriate for the powers to make delegated legislation to be vested in the Assembly. It is the Assembly’s view—and the Government concur—that the provisions in the Bill should be flexible enough to allow detailed arrangements to be made in response to changing circumstances. The purpose of subsection (1) is not to extend the commissioners functions beyond the basic frameworks set out in the Bill, rather it is to enable the Assembly to confer on the commissioner additional ancillary functions which may in the future be considered beneficial or necessary for carrying out his existing functions. In contrast, Amendment No. 94, which stands in the names of the noble Lords, Lord Livsey and Lord Roberts of Llandudno, seeks to extend the further functions that the Assembly may confer on the commissioner into non-devolved fields. I have already said a great deal about that. The noble Lord, Lord Roberts of Conwy, specifically asked what other functions are to be placed on the commissioner. In considering what matters should be specified on the face of the Bill or left to delegated legislation, the Government have taken into account, on the one hand, the need to ensure that the overall legislative framework and the substantive policy provisions are presented clearly on the face of the Bill, but on the other hand, that the provisions of the Bill are flexible enough to allow detailed arrangements to be made in response to changing circumstances. We believe we have got the balance right. I can assure noble Lords that there are no plans for consultation on further functions in connection with the Bill. The noble Lord also asked the reason for the broad power. Any further power conferred on the commissioner would have to be for the purposes of the commissioner’s existing powers and duties. The Assembly could not seek to use it to add major new functions to the commissioner’s remit. I hope that I have satisfactorily answered the points raised and that the amendment will be withdrawn.