Commissioner for Older People (Wales) Bill [HL]

Obviously this is a very important matter. We all want the same thing—that is, the best, most excellent and most extraordinary abilities for the commissioner. However, we do not consider that the use of the word ““safeguarding”” in relation to the commissioner’s general function in Clause 2 would be appropriate. The Government take the view that the amendment could be interpreted as      enabling the commissioner to take direct interventionist steps which could overlap or interfere with the statutory functions of other public bodies. Unless I completely misunderstood him, the noble Lord, Lord Roberts of Llandudno, seemed to be suggesting that that is precisely what he wanted the commissioner to be able to do in taking positive and direct action. As I have said, we would worry that if he took interventionist steps the commissioner could overlap or interfere with the statutory functions of other public bodies. Where appropriate, the Bill gives the commissioner the power to take specific action to safeguard the interests of older people. For example, Clause 3 provides that the commissioner may review the functions of listed bodies for the purpose of safeguarding and promoting the interests of older people. Under Clause 5, the commissioner may also review and monitor whistle-blowing, complaints and advocacy arrangements to ascertain whether, and to what extent, they are effective in safeguarding and promoting the interests of older people. In drafting this clause, the Government have also considered carefully how the best interests of older people can be served. However, in our view, the incorporation of the term ““best”” would be superfluous in this context. Furthermore, while it may be simple to show that something is in the interests of older people, to show that it is in every possible respect in their ““best”” interests may not be so simple to establish. The term ““best”” is also subjective. What may be deemed as being in the best interests of some older people may not necessarily be in the best interests of other older people. Including the term in the legislation could, therefore, lead to unnecessary debate about action taken by the commissioner. Where ““interests”” are referred to in the Bill, we consider the term to be wide enough to define the commissioner’s general functions and we do not think that its amplification to ““best interests”” would strengthen this definition. Amendment No. 19 also introduces the word ““best””. It seeks to enable the commissioner to use his general functions to encourage best practice, rather than good practice, in the treatment of older people in Wales. The Government do not believe that that would add anything to the commissioner’s functions. When looking at specific practices and procedures, it may be feasible to research all alternatives and to identify best practice. However, when referring to a general matter such as the overall treatment of older people in Wales, identifying best practice may not be so straightforward and may be a subjective process. There may be a number of models of good practice, and identifying the best option for an older person may depend on the circumstances of that individual. The use of the term ““good practice”” is therefore intended to give the commissioner a wide remit in improving standards. With that explanation, I hope that the noble Lord will feel able to withdraw the amendment.