Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 27:"Page 1, line 15, leave out subsection (2)." The noble Lord said: The amendment seeks to remove the subsection that refers to the functions of the commissioner. The subsection states:"““The powers conferred by subsection (1) are exercisable only in relation to fields in which the Assembly has functions””." We are very concerned about that issue because many of us have been involved in a great deal of casework. We have worked closely with the Citizens Advice Bureaux and know that many of the functions that bother elderly people come from Westminster departments. The situation to which I am drawing attention impinges on the devolution settlement. Clearly, the Bill must work within the framework of that settlement and powers can be exercised only in relation to devolved powers. However, the point I have just been making is that, as far as old people are concerned, it does not conveniently disaggregate into devolved and non-devolved matters. This is particularly true of financial problems experienced by older people. Clause 2(3) includes the power to make representations to the Assembly about matters relating to the interests of older people in Wales. This includes representations on non-devolved matters and considerable thought needs to be given to how this process will work, although perhaps not on the face of the Bill. It will be detrimental to the work of the commission if, as some argue is the case with the Children’s Commissioner for Wales, representations made to the UK Government via the Secretary of State/Assembly are effectively ignored. A power to make direct representations to the Westminster Government would be the ideal. Age Concern Cymru has concerns about the situation. It states:"““We see it as very important that the commissioner can comment on all matters affecting older people, including, when appropriate, non-devolved matters. We are, however, concerned about the lack of an obligation for government to respond to such comments and a mechanism through which, firstly, a response to the representations made by the commissioner would be made by the National Assembly for Wales, and, secondly, communication will be made with the Westminster Government and the response given to the issues raised””." These are important issues that are exercising the mind of Age Concern Cymru. Amendments Nos. 27 and 28 give the commissioner more power in areas about which elderly people have great concerns. For example, those of us who have done a lot of case work know that the issue of pensions creates a great number of problems for elderly people. For older people who still work, employment can sometimes be an issue. There has been a tendency, particularly by the present government, to means-test benefits that go through Inland Revenue lines. This has been done because there has been an erosion in the value of state pensions. A huge number of issues are outwith, as the Scots would say, the purview of the Assembly but none the less are matters of great moment and affect people greatly. I hope the Minister will give some indication about how, with the Bill in its present state, the commissioner could take up these matters with the Westminster Government. We feel that our Amendments Nos. 27 and 28 would assist the commissioner in serving the elderly in Wales better.