Commissioner for Older People (Wales) Bill [HL]

My Lords, I shall speak first to Amendment No. 1 before turning to Amendment No. 2, both of which are tabled in the names of the noble Lords, Lord Roberts of Conwy and Lord Luke. Amendment No. 1 would cast doubt on the restriction that the exercise of the commissioner’s general function must be in the fields in which the Assembly has functions. As the noble Lord, Lord Thomas of Gresford, pointed out, this is an issue we have discussed at length. I have to say again, as I have said at every stage of the Bill, that this is the constitutional situation that currently exists. The Bill does not provide a vehicle for changing it and in our view it is not appropriate that it should. I bore myself by repeating that and I am sure I bore other noble Lords. As noble Lords are aware, the restriction is designed to give maximum clarity about the commissioner’s role within the devolution settlement. Consequently, the Government cannot accept this amendment. It would remove the certainty in the Bill about the commissioner’s remit in non-devolved matters. It might also put the commissioner in a difficult position and force him or her to try to navigate their own way around some very complex issues. I do not think that would be either desirable or helpful for older people in Wales. More broadly, this amendment is a variation on the theme which we have discussed many times and at length in Grand Committee and on Report. I hope that I have made the Government’s policy perfectly clear and I have little intention of going over old ground again this evening. Suffice to say that the establishment of the commissioner and the functions of the office must be consistent with the existing constitutional settlement. Amendment No. 2 also seeks to chip away at the existing devolution arrangements. It would allow the commissioner to make representations directly to the Secretary of State with policy responsibility for the subject matter of the representation as well as to the Assembly. The Government of Wales Act makes specific provision for the Assembly to make representations about any matter affecting Wales. That must represent the proper constitutional route for representations. The commissioner must make his representations via the Assembly as the elected body with democratic responsibility for the people of Wales. The noble Lord, Lord Roberts of Conwy, acknowledged the logic of the Government’s position on Report. He noted that the commissioner will be appointed and financed by the Assembly, and stated that,"““it is understandable that this Bill should confine his functions and powers to areas in which the Assembly also has functions””.—[Official Report, 9/11/05; col. 689.]" The noble Lord may not agree with it, but he does understand it. I am sure he also understands that the Government will not budge on this matter. With that explanation, I hope he will feel able to withdraw his amendment.