Commissioner for Older People (Wales) Bill [HL]

My Lords, I understand and sympathise entirely with the reasons behind this amendment. None of us would want to think that an older person might be left to suffer unnecessarily behind closed doors. However, the simple and compelling fact remains that to give the commissioner the power to enter an individual’s private home would be a disproportionate interference with an individual’s right to privacy and in breach of the Human Rights Act. It would also set a precedent among other commissioners and ombudsmen, none of whom has such a power. If the commissioner had concerns about the personal safety of an older person, he would be able to pass those on to the appropriate authorities, such as the police or social services, for action. It would not be for him to try to deal with such situations himself. For example, if the police believed that an older person was in danger, they would be able to enter premises using their wide investigatory powers. A crucial point is that we must remember that the commissioner will not be working in isolation, but operating within an existing framework of legal protection for vulnerable people. Having said that, I hope that the noble Lord will agree that the clause must remain as drafted.