Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 23:"Page 1, line 14, at end insert—" ““(   )   be given the power to enforce the take up of recommendations in line with his functions under paragraphs (a) to (d)”” The noble Lord said: The first two amendments are probing and may not be technically accurate. They stem from information that I have received from lobby groups who, although supportive of the Bill, still feel that there are loopholes that have not been dealt with. I wish to clarify the Government’s thinking in this area. Amendment No. 24 inserts a new paragraph, and thus a general function for the commissioner, into Clause 2. This new function does exactly what it says, namely that the commissioner must:"““encourage public bodies to take into account the United Nations Principles on Older People””." Amendment No. 23 also inserts a new paragraph into Clause 2. It aims to ensure that one of the commissioner’s general functions is, where needed—and at his or her own discretion—to have the power to enforce the take-up of his recommendations, in line with his functions under paragraphs 1(a), (b), (c) and (d). The Explanatory Notes on the Bill raise potential human rights issues, as we have heard in earlier debates. It is believed that nothing contained in the Bill would be incompatible with the United Nations Convention on Human Rights, but Help the Aged do not believe that the commissioner’s functions as stated go sufficiently far to ensure that human rights for older people, as stated in the Human Rights Act 1998, are fully protected and held. Meanwhile the Law Society argues that there is a need for the commissioner to encourage the take-up of the UN Principles on Older People, and that this should be in the Bill. There are concerns that older people are currently not adequately protected under the present human rights and equalities legislation, particularly when they are in receipt of care services provided by the independent and private sector, where the Human Rights Act 1998 does not apply. However, care for older people is being increasingly provided outside the public sector. Older people are entering long-term care when they are at their most vulnerable, and therefore at a time of life when they need most protection. The Health Select Committee’s second report for 2003–04 makes very disturbing reading, but it is, of course, confined to England. It is titled ““Elder Abuse”” and the first paragraph of the introduction instances the dreadful case of Mrs Margaret Panting, a 78 year-old woman from Sheffield who died after suffering unbelievable cruelty while living with relatives After her death in 2001, a post-mortem found 49 injuries on her body, including cuts, probably made by a razor blade, and cigarette burns. She had moved from sheltered accommodation to her son-in-law’s home. Five weeks later, she was dead. I do not know of such cases in Wales, but one has to remember that, according to that report, there were half a million such cases in England and I dare say there are some in Wales. It is essential that the commissioner has powers of enforcement. The Bill’s apparent lack of teeth was highlighted at Second Reading. These two amendments, in conjunction, aim to ensure the Law Society’s recommendations. By enabling the commissioner to enforce the take-up of his recommendations as per his function, the amendments will go some way to addressing this issue. I should also be interested to hear the noble Lord’s response to the call by Help the Aged for the commissioner to be able to encourage the promotion and ownership of equality and human rights among all sectors, not only public but also voluntary and private. I beg to move.