Schedule 1
Commissioner for Older People (Wales) Bill [Lords]
10:45 am
Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West and South Pembrokeshire, Labour)
The hon. Lady asked me a number of questions based on the amendments to schedule 1 that she has tabled. The first question was why it is the First Minister who appoints the Commissioner. As I indicated in my opening remarks on clause 1, the Bill follows the Children’s Commissioner for Wales Act 2001 and the process followed by the Assembly for the appointment of a Children’s Commissioner. The selection method was unique and very inclusive, with children and not only Government Members of the Assembly but also Opposition Members involved in the process. The Assembly has given a commitment that it will be actively involving older people in the appointment and intends to consult the National Partnership Forum for Older People about the selection process. I hope that that responds to the point raised about the appointment.
The hon. Lady also asked about the Assembly’s indication in the statement of policy intentions that it would bring forward regulations for the term of office to be for four years, renewable once. If so, she asked, why not put it in the Bill. First, that is a matter for the Assembly, a devolved matter. Also, bear in mind that, were any changes to that term of office needed in the future, amendment would require us to respond with primary legislation. It would be better to leave that to the Assembly, for their purposes, and to let them bring forward their regulations once the Bill has been enacted. The period seems reasonable. That has been accepted generally. The current Children’s Commissioner, again by regulation, has a term of office of seven years; a period of around that time seems sensible, as does plus four years.
The hon. Lady asked about what constitutes good behaviour or misbehaviour. Holding office during good behaviour and termination of office for misbehaviour are common concepts in the appointment of public office holders and are supported by a body of case law. According to the case law, misbehaviour would mean improper exercise of the functions of the office, non-attendance or neglect of or refusal to perform the duties of the office. In certain circumstances, it could include behaviour more broadly—for example, being found guilty of a serious offence such as fraud.
The hon. Lady asked about the removal of the commissioner from office, which will also be dealt with by regulation in the Assembly. I will make regular reference to the statement of policy intentions, so a copy is on the Table for the Committee to refer to directly. Paragraph 66 says that the regulations will specify circumstances for removal, and those grounds will be tightly drawn.
Returning to the amendments themselves— [Interruption.] Did the hon. Lady want to intervene?