moved Amendment No. 7:"Page 1, line 14, at end insert—"
““( ) be given the power to enforce the take-up of recommendations made in line with his functions under paragraphs (a) to (d)””
The noble Lord said: My Lords, I have been made aware by Age Concern, Help the Aged and the Law Society of a general discontent with the lack of powers that the commissioner will have. Amendment No. 7 is made in response to those fears, as well as my own, that the commissioner will lack teeth, as we put it colloquially. The same concern permeated our earlier debate on Liberal Democrat Amendment No. 3, on the question of ““shall”” as opposed to ““may”” in the performance of functions under Clause 2.
Before I move on, I must acknowledge the potential of Clause 13, which provides for further supplementary functions for the commissioner. That clearly anticipates that the commissioner may have further functions conferred on him. I can think of no better function to be conferred on him than the power of enforcing his own recommendations, which is what we propose in Amendment No. 7.
Amendment No. 26 is also included in this group. That, again, is concerned with the examination of cases and action to be taken. The amendment is intended to ensure that the examination of cases is implemented thoroughly. As Clause 9(6) stands, examinations are closely governed by regulations, but it is not clear what happens if an examination results in a recommendation that is not then complied with. It seems to me ludicrous to have regulations relating to compliance with recommendations that do not cover situations arising in the event of non-compliance. Amendment No. 26 seems to me necessary in order to ensure clarity and consistency. I shall, at a later stage, return to comment favourably on the government amendments included in this group. I beg to move.
Commissioner for Older People (Wales) Bill [HL]
Proceeding contribution from
Lord Roberts of Conwy
(Conservative)
in the House of Lords on Wednesday, 9 November 2005.
It occurred during Debate on bills on Commissioner for Older People (Wales) Bill [HL].
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675 c689-90 
Session
2005-06
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