Commissioner for Older People (Wales) Bill [HL]

My Lords, the intention of Amendment No. 19, which stands in the names of the noble Lords, Lord Roberts of Conwy and Lord Luke, appears to be to ensure that the Assembly makes regulations that provide for the appointment and term of office of the commissioner. The Government do not believe that such an amendment is necessary. The Assembly is committed to establishing the office of the commissioner, and Clause 1 of the Bill makes this intention clear. Noble Lords may also be reassured to know that the current wording in the schedule is identical to that found in the Care Standards Act 2000, pursuant to which the Children’s Commissioner was appointed. Amendment No. 20 is the same in its intent as other amendments on this matter that were fully debated both in Committee and on Report. It seeks to make explicit provisions for regulations to deal with the reappointment of a commissioner, as well as for the initial appointment. I reassure the noble Lord that the term ““appointment”” most definitely encompasses reappointment. The Assembly will be able to make provision about this matter in regulations, and it has signalled its commitment to do so in its statement of policy intentions. Indeed, based on the views expressed in public consultation on the matter, the Assembly plans to provide for a four-year term, renewable once. During our consideration of a similar amendment on Report, the noble Lord, Lord Roberts of Conwy, said that his primary purpose in tabling the amendment was to draw attention to the differences in the provisions for reappointment of the Commissioner for Older People and the Children’s Commissioner for Wales; he has retuned to that point this evening. However, the appointment and reappointment provision in this Bill is identical to that used in the Children’s Commissioner for Wales legislation. The relevant paragraph states that:"““Regulations may make provision . . . as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment)””." That is the exact form of words used in Schedule 1(2). I believe that the noble Lord, Lord Roberts of Conwy, may have been thinking of the UK Children’s Commissioner, created by the Children Act 2004. The Act makes express provision for reappointment. However, in legislating for a Commissioner for Older People in Wales we have taken the decision that it is appropriate to follow the model for the Welsh Children’s Commissioner and provide for the Assembly to determine the matter in regulations. That does not represent a change in legislative approach but a continuation of the approach taken in the Children’s Commissioner for Wales legislation. I hope that with that explanation the noble Lord will feel able to withdraw his amendment.