moved Amendment No. 22:"After Clause 6, insert the following new clause—"
““UNDERTAKING OR ASSISTING RESEARCH
The Commissioner may undertake or assist (financially or otherwise) the undertaking by a body or other persons of any research and any educational activities which appear to the Commissioner necessary or expedient for the purposes of section 2.””
The noble Lord said: My Lords, the value of the research is not doubted, and the lack of any specific reference to research in the Bill is worrying. In Grand Committee on 18 October my noble friend the Minister readily agreed that research was an important tool for the commissioner in connection with any of his functions, not only for the general functions set out in Clause 2 and referred to in my amendment. He gave four examples of when research would be required or necessary, which was helpful. But then he opposed the amendment, saying that it was not necessary; he said that the commissioner could undertake research under paragraph 19 to Schedule 1. But when you read that paragraph, you find the power expressed subject,"““to any directions given by the Assembly””."
The paragraph goes on to say that a direction,"““may be amended or revoked by a subsequent””,"
amendment.
So that is the weakness of paragraph 19 powers. Therefore, I believe that there is a great difference between the amendment and the power in paragraph 19—and unfortunately the difference is that between certainty and uncertainty.
The Minister went on to oppose the amendment because it,"““may call into question the extent of the commissioner’s power to undertake similar activities using his supplementary powers in Schedule 1””.—[Official Report, 18/10/05; col. GC212.]"
With the greatest respect, it struck me that this was an inadequate argument. It raises the question of how any express power has been set out in the Bill. That is the argument for amendment No. 22. I beg to move.
Commissioner for Older People (Wales) Bill [HL]
Proceeding contribution from
Lord Prys-Davies
(Labour)
in the House of Lords on Wednesday, 9 November 2005.
It occurred during Debate on bills on Commissioner for Older People (Wales) Bill [HL].
Type
Proceeding contribution
Reference
675 c702-3 
Session
2005-06
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House of Lords chamber
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