Commissioner for Older People (Wales) Bill [HL]

My Lords, I propose to speak to Amendments Nos. 20, 21, 60, 25 and 26 in that order, all of which seek to widen or strengthen the commissioner’s general functions. Amendment No. 20 replaces the term ““effectiveness”” with ““effective implementation””. This would replace the commissioner’s power to review the effectiveness of legislation with a power only to review its implementation. I am not sure that that would be a good idea. It would mean that the commissioner would be unable to review the effectiveness of existing or proposed legislation, and, would not, for example, be able to look at whether proposed legislation was effective in achieving what it was intended to achieve. In the Government’s view, this would restrict rather than enhance the commissioner’s powers. Amendment No. 21, tabled by my noble friend Lord Prys-Davies, seeks to extend the commissioner’s powers in Clause 2 so that he may review the adequacy and effectiveness of law and practice affecting the interests of older people. The Government feel that, given the extent of the commissioner’s existing powers, the amendment would not in effect widen the commissioner’s remit but may cause uncertainty as to the scope of the commissioner’s specific power to review and monitor the law. Furthermore, the commissioner will have wide powers in Clause 3 to review the discharge of functions of the Assembly and listed bodies for the purposes of ascertaining whether, and to what extent, they safeguard and promote the interests of older people in Wales. This would include an ability to review the practices and procedures operated by these bodies in discharging their functions. It is difficult, therefore, to envisage what additional practices the commissioner would want to review that he could not review under one of his existing powers. Amendment No. 60, which has also been tabled by my noble friend Lord Prys-Davies, would make specific provision enabling the commissioner to undertake or assist others in research and any other educational activities which the commissioner considers necessary or expedient for the purposes of Clause 2.