Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 1:"Page 17, line 12, after ““appointment”” insert ““and re-appointment””" The noble Lord said: My Lords, in speaking to Amendment No. 1 I shall speak also to Amendment No. 2. These amendments are intended to draw attention to the difference between this Bill and the children’s commissioner Bill, which includes details of the term of appointment and reappointment. In short, such matters were decided in primary legislation in that case. The provisions for appointment in the Bill differ from those in the children’s Act in that this Bill reserves details of appointment and possible reappointment to the National Assembly and secondary legislation in the form of regulations. I recognise the arguments for this change of legislative approach: if the Assembly pays for the office of commissioner, as it will, it should make the appointment and settle its terms and conditions; the commissioner is the Assembly’s employee, is responsible to the Assembly; and so on. But there are drawbacks of which we should be aware. As I mentioned in Committee, in a public consultation on this matter, the advisory group to the National Assembly found that 59 per cent of respondents opted for a four-year term of appointment and a similar term for reappointment, and I dare say that further consultation and discussion is likely before the final figure is decided upon. The whole process seems rather long drawn out and almost time wasting when the issue could be settled here and now in primary legislation, rather than being prolonged, as appears to be inevitable. Secondly, there is a hint in the Bill of what has become known as ““creeping devolution””. Your Lordships should be aware of the nature of that beast, especially in view of the devolution Bill that lies ahead of us later this Session. In the White Paper, Better Governance for Wales, we find a commitment to what is referred to as ““framework legislation””. Indeed, the style of appointment of this commissioner for the elderly seems to be typical of that kind of legislation. The change should not pass unnoticed. I do not intend to make a mountain out of a molehill, but I wonder whether the Minister can give us some indication of how long the appointment is to last and whether there will be a set term for reappointment. I beg to move.