Commissioner for Older People (Wales) Bill [HL]

My Lords, before I speak to Amendment No. 7, I say to the noble Lord, Lord Thomas of Gresford, that I have absolutely no argument with him. I have sympathy for his longstanding view that more powers ought to be passed to the Welsh Assembly. At every possible juncture, I have simply been saying that this Bill is not the vehicle in which to do that. The vehicle will be the Government of Wales Bill, which is coming later. If I have shown myself to be irritated with the noble Lord, Lord Thomas of Gresford, I apologise. There was no intention to do so; there was simply a certain frustration that we were going around in circles on this matter. The effect of this amendment would be to extend the purposes for which the commissioner may enter premises and interview an older person accommodated or cared for there by giving him a power to enter and interview for the purposes of his general functions under Clause 2. The purpose of the power to enter and interview is to facilitate the commissioner’s specific powers to review arrangements and the discharge of functions. That may involve the need to obtain information from older people in relation to whom functions have been discharged or arrangements made. For example, an older person receiving domiciliary care from a local authority or regulated services from the provider of such services might be interviewed by the commissioner. In contrast, the commissioner’s powers under Clause 2 are very general and are primarily concerned with more strategic matters of public policy. In exercising those general functions, the commissioner will be relying primarily on his own knowledge and expertise and on the expertise and experience of relevant stakeholder groups and professionals. The Government’s view, therefore, is that to give the commissioner such a broad power would be both unnecessary and disproportionate. It would also be setting a precedent among other commissioners and ombudsmen, none of whom has such a power. I respectfully ask the noble Lord to withdraw his amendment.