Commissioner for Older People (Wales) Bill [Lords]

I agree with the hon. Lady, and I am sure that we will raise these points in Committee. Our constituents in Wales want the commissioner to have direct access to the person who is likely to be able to achieve a result, either for themselves on a personal basis or for a group of people involved in a particular issue. The hon. Lady has pointed out one of the issues involved, namely the barring of people from working with vulnerable persons. Figures obtained by the Welsh Liberal Democrats suggest that, of all the complaints made by older people to citizen’s advice bureaux, 80 per cent. are concerned with pensions and tax credits. Needless to say, neither of these subjects is devolved. As well as being unable to meet directly with Ministers on these issues, the commissioner will be unable to take up individual cases on non-devolved matters. On the basis of those figures, and of the information from the citizen’s advice bureaux, the commissioner would be able to help with only one in five of the cases brought to him. Giving the commissioner the power to make direct representations to UK Ministers would give greater support to elderly people in Wales. Because of that, we would like the commissioner to have the ability to make direct representations to Westminster Ministers. He will be paid and employed by the Assembly and have the right to comment on the implications for older people of actions taken by a whole range of bodies, including the Assembly, the Environment Agency, and local health boards and trusts. Why should he not have the right to give direct feedback to the one body that will arguably have a greater effect on the lives of pensioners in Wales than any other: the UK Government? We are slightly concerned to note the number of amendments tabled by the Government in the other place, and the fact that the Assembly plenary debate on this issue took place on the day after the Bill’s Second Reading in the House of Lords. That could lead people to suppose that the Government were rushing the Bill through, or that they had got their procedure mixed up. Confusion will arise, because people in Wales will not know what the commissioner’s role is in relation to devolved and non-devolved matters. It needs to be absolutely clear, not only to us and to the Lords, but to the older people in Wales who will be using this service, what the commissioner can and cannot do. We in this place usually know the difference between what is devolved and what is not, although I sometimes have difficulty when constituents ask me a question about a particular issue. I do not have the Government of Wales Act 1998 ingrained on my soul at the moment. People will assume that an older people’s commissioner will deal with all issues affecting older people. I imagine that there will be a great deal of surprise in Llandrindod when they learn that the commissioner for older people will not be able to speak to the Government about pensions, for example. The issue of clarity is paramount, and I would grateful if the Minister expanded on how he envisages the older persons’ commissioner working alongside similar posts, such as the public services ombudsman and the parliamentary ombudsman. The Secretary of State touched on that issue, which is a significant one. We are all aware of the dangers of excessive bureaucracy and service duplication, and it is important that the Bill should not create further confusion and complication for service users. There are other limitations in the Bill that could seriously affect the commissioner’s ability to do his job successfully. As has been mentioned, today is world elder abuse awareness day, and I am sure the whole House will join me in congratulating its organisers on their great work in highlighting what is a very serious problem. The Action on Elder Abuse helpline tells us that, in 2003-04, 22,000 people in Wales aged over 65 resided in care homes. Some 45 per cent. of those care homes were independently funded, 34 per cent. were run by local authorities and provided nursing care, and 21 per cent. were run by local authorities with no nursing care provided. In 2004, the Action on Elder Abuse helpline received 280 calls reporting 428 instances of alleged abuse, 37 per cent. of which related to psychological abuse, 21 per cent. to financial abuse, 16 per cent. to physical abuse, 12 per cent. to neglect and 2 per cent. to sexual abuse. Some 20 per cent. of such abuse occurred in care homes, and 36 per cent. of those suffering abuse in care homes who complained of such abuse identified paid workers as their abusers. Help the Aged has noted that residents in any care home funded or owned by a local authority can exercise their human rights. However, those in privately run care homes, or those who are placed in local authority-run care homes but who pay for their care, are not legally protected by the Human Rights Act 1998. As many as nine out of 10 care homes in the UK are operated by private organisations. Two thirds of people living in those homes are paid for by local councils. This is an issue for the 1998 Act, but it also raises the question of where the commissioner will fit in with dealing with it. He needs to contribute to a change in the law; if he does not, he will be nothing but a toothless tiger.