Commissioner for Older People (Wales) Bill [HL]

My Lords, I shall speak first to Amendment No. 4 before turning to Amendment No. 5, both standing in the names of the noble Lords, Lord Livsey of Talgarth, Lord Roberts of Llandudno and Lord Thomas of Gresford. Amendment No. 4 seeks to enable the Assembly to make provision in regulations for the examination of cases by the commissioner in connection with his functions and powers under Clauses 2, 3, 5 and 8 of the Bill. The Bill as drafted enables the commissioner to examine an individual case in connection with his functions. This reference to ““functions”” includes all of the commissioner’s powers and duties except that of making representation to the Assembly on non-devolved matters. We will not agree on this issue. It comes up time and time again, under almost any amendment. We have the new Wales Bill coming shortly and I am afraid that we will have to wait until then to look at the question of further devolution of powers to Wales. The amendment does not appear to add anything to the Bill. In fact, it might serve to narrow the commissioner’s remit by preventing him examining a case in connection with any further supplementary powers that may be conferred on him by virtue of Clause 13. Amendment No. 5 seeks to give the commissioner a locus in non-devolved matters by enabling him or her to examine the case of an older person in Wales in connection with his power to make representation to the Assembly on non-devolved matters. We discussed this on Report and in Committee. As I explained on both those occasions, the Government’s position is that it would be a breach of the constitutional settlement to allow the commissioner to exercise his powers directly in relation to non-devolved matters. It is important to recognise that in examining the circumstances of a particular case the commissioner will be able to require persons to provide him with information, explanations or assistance. He will also be able to require the attendance of witnesses in connection with such an examination and to examine those witnesses. If the noble Lords’ amendments were to be accepted, the consequence would be that UK-wide public bodies and UK government departments with responsibility for non-devolved matters could be required to provide the commissioner with information or assistance. Individuals working in these organisations could also be required by the commissioner to attend as witnesses. Non-devolved functions are the responsibility of the UK Government and not of the Assembly. I hope that this is the last time that I will have to make that statement, which I think we are all fed up with. To enable a commissioner established by the Assembly and for Wales to exercise such powers in relation to non-devolved matters would simply not be acceptable. I ask the noble Lords to withdraw their two amendments.