Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 11:"Page 14, line 4, leave out sub-paragraph (5)." The noble Lord said: In moving government Amendment No. 11, I shall speak also to government Amendments Nos. 99 and 103, all of which concern the protection of the commissioner from defamation proceedings. I shall take Amendment No. 103 first, which provides a new clause granting protection against defamation proceedings. The intention of the amendment is to ensure that the commissioner is able to exercise his powers without being constrained by fear of defamation proceedings. The commissioner will play an important role in the safeguarding and protecting of the interests of older people. He will have wide powers to review the discharge of functions by public bodies and to review    complaint, whistle-blowing and advocacy arrangements made by those providing services. If he is able to carry out these functions effectively and to report on the discharge of these functions with candour and frankness, it is very important that he is not hampered by the fear of defamation proceedings. As well as the commissioner’s reports, the commissioner’s communications with other commissioners and ombudsmen to whom he may disclose information will be subject to absolute privilege. His communications with those involved in the examination of a case will also be subject to absolute privilege. New amendments to the Bill contain a number of provisions for working in co-operation with other commissioners and ombudsmen. The Assembly takes the view that if the commissioner is to be able to work effectively with these other commissioners and ombudsmen whose communications will also be absolutely protected, he will require the same level of protection.