Commissioner for Older People (Wales) Bill [HL]

The Assembly and the Government therefore consider that adequate provision for dealing with the subject of this amendment is already made in the Bill and that the amendment would not strengthen the commissioner’s powers in any way. I draw the Committee’s attention to the fact that the commissioner has no criminal or civil sanctions for dealing with abuse. That is because appropriate mechanisms for dealing with cases of abuse already exist; namely, the police and the Care Standards Inspectorate for Wales. Finally, Amendment No. 26, tabled by the noble Lord, Lord Livsey of Talgarth, would include in the commissioner’s general functions a power to act as a champion of older people and a power to encourage the development of fair access to services. The Government consider that adequate provision already exists in the Bill to achieve the intention of the amendment. The commissioner’s existing general functions in Clause 2 and his or her supplementary powers will ensure that he is able to act as a champion for older people and encourage the development of fair access to services. On fair access to services, perhaps I can deal with the point made by the noble Lord, Lord Roberts of Llandudno, on blind older people. The points on disability that he raised are well made but generally fall within the remit of the Disability Rights Commission. Of course, many disabled people are also older people and joint working between the DRC and the commission will be absolutely essential. The noble Lord, Lord Roberts of Conwy, asked about fair access to services for those who are 45, 50 or over, for example, and not just those over 60, and whether the Bill is not discriminatory in that way. We have to draw the line at some point and we have tried to do so pragmatically although we realise that there are issues of ageing for people of 45 or 50. The lower limit for the strategy for older people in Wales was set at 50 because the strategy is about encapsulating the active citizenship agenda and preparing people for retirement and older age. However, the remit and powers for the Commissioner for Older People are differently focused on people who have entered old age rather than people who are anticipating it. A central part of the commissioner’s functions is to act on behalf of and represent those who receive services as older people in Wales. I hope that, with that explanation, noble Lords will not press their amendments.