Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 6:"Page 1, line 13, leave out ““effectiveness”” and insert ““effective implementation””" The noble Lord said: My Lords, we had an interesting discussion on this point in Committee and I hope the House will forgive me for returning to it. At that time the Minister suggested that the amendment would in some ways diminish the power of the commissioner by allowing him only to review the effectiveness of legislation in terms of past practice and not future need. In his reply in Committee, the Minister suggested that the commissioner would have a further function to the one I anticipated in my amendment by way of Clause 3. The commissioner would be able,"““to review the discharge of functions of the Assembly and listed bodies for the purposes of ascertaining whether, and to what extent, they safeguard and promote the interests of older people in Wales””.—[Official Report, 18/10/05; col. GC 212.]" If the commissioner detects a defect or inadequacy in legislation he may recommend a change in the law. Clause 3 refers to,"““the making or proposed making of subordinate legislation””." I have always been under the impression that it is up to Ministers to decide what further laws or changes to laws are necessary. The idea that the commissioner should have a hand in the making of new laws is a new concept to me. The Minister is also aware that I agreed with the amendment tabled by the noble Lord, Lord Prys-Davies, which sought to introduce law and practice into the commissioner’s review. The difference between the Minister and myself is that I believe the function of the commissioner is to keep under review the adequacy and effectiveness of law and practice affecting the interests of older people. I also believe that it is a sine qua non that he should be able to check on the implementation of such laws. I hope that the Minister will consider the amendment and those related to it in the light of those key points. I beg to move.