Commissioner for Older People (Wales) Bill [Lords]

I beg to move amendment No. 3, in page 8, line 25, at end insert ‘with or without notice.’. This is in essence a probing amendment that is aimed at teasing out from the Minister exactly how he sees the commissioner exercising his powers. Of course, all interviews with older people should be conducted with sensitivity and compassion. Such interviews should always be with the consent of the older person, as the Bill recognises. In addition, if that older person wishes someone else to be present when an interview is taking place, that request should be accommodated. The timing of a visit is important, too. The Bill accepts that by saying that a visit should always take place at a reasonable time. I hope that that is a subjective test, so that it is a reasonable time for the older person, not a young member of the commissioner’s staff. However, I fear that there are cases in which it is inappropriate to provide notice of a visit. There is a risk that before a visit an older person will be subject to duress by someone who does not want a complaint to be pursued. That person may put pressure on them and instruct them not to say anything during a visit, because they do not want them to rock the boat. Such arm twisting may occur and, in some cases, there may be more serious threats or unpleasant reprisals if the older person speaks out. The commissioner should have the power to arrive unannounced if he deems it appropriate to do so. As I said, the Bill acknowledges that the older person can refuse a visit, but the amendment would prevent someone of less than benign intent from having the opportunity to bamboozle them or subject them to duress before a visit. En passant, new clause 1 has not been selected because I failed to table it in time, but its powers go wider than the amendment as there is an even stronger case for the commissioner to make an unannounced visit when premises are being inspected. We all know the story of the hospital that is to be visited by the Queen—it gets a lick of paint and everything is perfect on the day before it goes back to the way in which it usually operates. Similarly, that happens with organisations and establishments that look after older people. If they know that a VIP is coming, they change things for the duration of the visit. The commissioner should have power across the board to make unannounced visits. If the Minister does not accept the amendment, I hope that he envisages that the commissioner will have those powers in any event.