Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 109:"Page 9, line 9, at end insert—" ““(   )   who is ordinarily resident in Wales, but has received services outside of Wales,”” The noble Lord said: This is a probing amendment which stems from concerns that have arisen about cross-border issues. It aims to ensure that the commissioner can work on behalf of the older person resident in Wales who receives services across the border. I am not sure whether it has now been overtaken by government Amendment No. 111, but the Bill as drafted provides that an older English person who lives in England but accesses services in Wales may receive assistance from the commissioner, but an older Welsh person—whose interests the commissioner is supposed to promote and safeguard—who accesses services in England cannot receive such assistance. How can the commissioner discharge his functions under Clause 2 in relation to Welsh residents who receive treatment elsewhere? What happens if Welsh people have no choice but to use a service across the border due to reasons of money, waiting lists or specialty issues? Can the commissioner look into why those services are not being provided in Wales or why people are being referred across the border instead of within it? The Welsh Affairs Committee has highlighted this as a distinct discrepancy within the Bill that needs to be addressed. I have a suspicion that the Government have in fact addressed the issue, but can the Minister confirm the following? If the commissioner cannot assist the older person in question outside Wales, would he be able to pursue a complaint with the body that had placed that person for care or treatment in England? I think the answer to that question will be ““yes””. I beg to move.