Commissioner for Older People (Wales) Bill [HL]

I rise to speak to Amendment No. 97 in the group, which is tabled in my name and that of my noble friend. The thinking behind this amendment is to put on the record the Minister’s response to calls from lobby groups that the commissioner should be able to have direct access to Westminster on non-devolved issues. As such, this amendment aims to add to Clause 14(3)(a) a power in the regulations relating to the commissioner’s reports following the discharge of any of his functions to specify that reports may be sent to,"““the United Kingdom Government departments with responsibilities for non-devolved issues””." This amendment does not specify face-to-face contact, but merely the sending of a written report. It has been rightly said that non-devolved issues such as pensions, benefits, crime, asylum and migration can all have a significant negative impact on older people in Wales and elsewhere. Indeed, it is often a combination of factors rather than a simple issue that leads to an overall deteriorating standard of living for those who are more vulnerable because of their age. The commissioner’s theoretical independence from all political parties would enable him to report objectively and impartially to both the Assembly and to Whitehall departments regarding older people in Wales. Can the Minister confirm that the commissioner will have an open invitation to approach Ministers representing UK departments which cover non-devolved issues that affect those whose interests he will be promoting in Wales? Will Ministers be free to approach the commissioner if the Assembly decides against taking up an issue with the UK Government under Section 33 of the Government of Wales Act 1998? Will the commissioner be allowed to take part in regular consultations run by the UK Government on forthcoming legislation that may have an effect on older people in Wales, or would that have to be dealt with by the Assembly? I should say that I welcome the introduction of government Amendment No. 98, particularly in light of the general consensus at Second Reading of the need for the commissioner to publish a report. However, I am disappointed that there is no suggestion in the Bill that this should be an annual occurrence. While I understand that this requirement may be specified in secondary legislation, again I see no reason why it could not be included in the Bill itself. I hope that the Minister can give us a firm assurance that the report will be an annual occurrence.