Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 19:"Page 17, line 11, leave out ““may”” and insert ““shall””" The noble Lord said: My Lords, in moving this amendment I shall speak also to Amendment No. 20. There was a time when the detailed requirements in connection with appointments, such as that for the Commissioner for Older People, would be spelt out in primary legislation. That was the case with the Children’s Commissioner; the terms and duration of the appointment were on the face of the Bill. Now, we are presented with a brief clause stating that there is to be a Commissioner for Older People, and a schedule which makes further provision. Paragraph 2 of the schedule provides that regulations ““may make provision””—note the word ““may””—as to the appointment, including any conditions, and as to the term of tenure, its cessation and the removal or suspension of the office holder. My first amendment deals with the permissive aspect of these regulations. Surely they must—not ““may””—be made. How else, other than by secondary legislation, can the appointment be properly made? I note that paragraph 3 of the schedule states that the Assembly ““must”” do various things—other paragraphs also use the word ““must””—such as pay the commissioner remuneration and allowances. Why is that a ““must”” and the making of regulations establishing the post a ““may””? There must be a firm commitment to secondary legislation, or the rest becomes a nonsense. On Amendment No. 20, I think the Minister takes the view that a possible reappointment would be dealt with by the regulations providing for the appointment in the first place. I am not at all happy that we are leaving so much that could be put on the face of the Bill to subsequent secondary legislation. It is a time-consuming procedure, which serves no useful purpose other than to give the Assembly the trappings and semblance of legislative power. Alas, we shall see more of this so-called framework legislation when we come to the new Government of Wales Bill. We have already had a glimpse of it this evening with the NHS Redress Bill. I beg to move.