Commissioner for Older People (Wales) Bill [HL]

My Lords, I was a little surprised to see that this amendment had been tabled because I explained during our discussions in Committee that the Assembly has made clear its intention to make regulations requiring the commissioner to produce an annual report, using its powers in paragraph 8 of Schedule 1 of the Bill. This was set out in the statement of policy intentions produced by the Assembly and placed in the Library of the House in June. We think that it is appropriate that the making of reports to the Assembly should be provided for in regulations to be made by the Assembly. I covered this point in some detail in my memorandum to the DPRR committee. It also mirrors similar provisions in the Children’s Commissioner for Wales legislation. These regulations will contain detailed administrative provisions which we think would be suitable for inclusion in regulation rather than the Bill. This will allow the Assembly greater flexibility in the future in terms of the reporting requirements and will give the opportunity for detailed consultation as part of the Assembly’s procedures for making regulations. I turn to the second part of the amendment. The Government’s and the Assembly’s position on this has not changed since our discussions in Committee. We do not feel that it is appropriate to place a requirement on the Assembly or any other person to respond to the commissioner’s annual reports. The annual reports will be concerned primarily with action that the commissioner has taken and intends to take in fulfilling his remit. They are less likely to deal in detail with what action other bodies might or might not have taken. However, as I explained, a mechanism is in place for considering the observations and recommendations that will be contained in the reports in the form of a plenary debate of the Assembly. In this way, the Assembly can be held publicly accountable for any perceived inadequacies in its policies for older people that are raised by the annual report. In the light of my comments, I hope that the noble Lord will feel able to withdraw the amendment.