Commissioner for Older People (Wales) Bill [HL]

I start by making a general point which I hope will be helpful. The term ““discrimination”” is used in the Bill to describe unfair treatment. Direct discrimination might occur when an older person is precluded from having the same access to services as others, because of specific criteria that excludes or disadvantages—for example, age limit on appointments. Indirect discrimination might occur when the criteria set means that in practice it would exclude or disadvantage an older person, without directly referring to age—for example a refusal to employ full or part-time staff. We intend to capture all types of discrimination against older people in the Bill. I shall look first at Amendments Nos. 17 and 18, standing in the names of the noble Lords, Lord Livsey of Talgarth and Lord Roberts of Llandudno, before turning to Amendment No. 80 tabled by the noble Lord, Lord Prys-Davies. Amendment No. 17 seeks to ensure that the commissioner’s power to promote the elimination of discrimination against older people in Wales would include all forms of discrimination, whether direct or indirect. It is the Government’s view, shared by the Assembly, that the reference to discrimination in Clause 2(1)(b) includes all forms of discrimination and therefore that the Bill already achieves what the noble Lord intended. The commissioner’s powers in other parts of the Bill will also allow for him to tackle direct and indirect discrimination—for example, through his power to review the discharge of functions of certain bodies the commissioner would be able to consider whether this had been done in such a way as to discriminate directly or indirectly against older people. Amendment No.18 seeks to give the commissioner the ability to promote the provision of training towards good practice, both in the elimination of discrimination against older people in Wales and in the provision of opportunities for compliance with human rights. Clause 2 deals specifically with the commissioner’s general functions and as such is fairly widely drawn. The amendment would serve to narrow the commissioner’s broad remit and would not therefore be in keeping with this clause. Furthermore, the general functions already included in the Bill will enable the commissioner to become involved in such activities. Thus, as part of his power to promote the elimination of discrimination, the commissioner will be able to encourage training towards good practice if he considers that that is required. I shall deal with the point raised by the noble Lord, Lord Roberts of Llandudno, regarding training and good practice. Training for staff in care homes is covered by the care standards regulatory regime. It is inspected by the Care Standards Inspectorate for Wales. There are specific national minimum standards in respect of the level and types of training required. The Care Council for Wales also has a statutory role in respect of registration and training. The commission will be able to review the discharge of such functions of both bodies. Amendment No. 80 extends the Assembly’s regulatory-making power in Clause 9 to include regulations about the examination by the commissioner of policies that discriminate indirectly or directly against older people in Wales. I draw noble Lords’ attention to the fact that, for the purposes of such an examination under Clause 9, the regulations may make provision for the commissioner to be able to require the provision of information and the attendance of witnesses. The Government share the view of the Assembly that this amendment is neither necessary nor appropriate. The commissioner will be able to use his general power in Clause 2(1)(b) of the Bill to consider whether policies discriminate against older people in Wales. He will also be able to do this using his power to review the discharge of functions of certain bodies in Clause 3. For the purposes of these functions, a specific power to require the attendance of witnesses and the provision of information will not be required as these policies will be in the public domain. I hope that, given those explanations, noble Lords will withdraw their amendments.