Commissioner for Older People (Wales) Bill [HL]

I shall start by making a general point. The noble Lord, Lord Roberts of Llandudno, wishes to revisit the devolution settlement rather than the role of the commissioner. He talks about the new Bill, which will be coming later this year or next year, on the governance of Wales, and he may be right when he says that the Assembly will acquire new powers which may have an impact on the Bill. But we are looking at this Bill and its provision in the light of the devolution settlement as it exists now. A cynic might say that this is an attempt to push the boundary a little further in the wrong direction. We cannot accept these amendments at the moment. As the two noble Lords know full well, non-devolved functions are the responsibility of the UK Government and not, at the moment, the Assembly. Consequently, it would not be appropriate for a commissioner established by the National Assembly and for Wales to exercise his general functions under Clause 2 in relation to non-devolved matters. Under the Government of Wales Act, specific provision exists for the making of representations by the Assembly about any matter affecting Wales. The commissioner legislation has been drafted having close regard to the devolution settlement and, in our view, the proper constitutional route for representations within this settlement should be via the Assembly, as the elected body with democratic responsibility for the people of Wales. Now here is a bit of good news. There has recently been an exchange of letters on this very subject between the Minister of the Wales Office and the Minister for Health and Social Services in the Assembly. That correspondence seeks to establish the   principles that will underpin the process of making, and responding to, representations concerning non-devolved matters. It has been copied to me on the basis that it can be made available to your Lordships, and I have arranged for copies to be placed in the Library. It is there now, so at 7.30 pm noble Lords can rush out and read it. In essence, it covers the manner in which representations will be dealt with, rather than seeking to guarantee particular outcomes which would not be possible or appropriate. It is for the Government to determine functions that are not devolved to Wales. The Bill has been brought forward as a government Bill but it reflects Assembly wishes so far as possible within the overall context of central government policy and the constitutional settlement. On that slightly pompous note, I shall sit down and ask the noble Lord to withdraw his amendment.