Clause 4
Commissioner for Older People (Wales) Bill [Lords]
12:45 pm

Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West and South Pembrokeshire, Labour)
The hon. Gentleman is quite right: I shall disappoint him, but at least I am consistent. On his final point, which did not relate to the amendment, I do not accept that the commissioner is subject to the limitations that he implies. As I explained in response to several amendments and clause stand part debates, the commissioner will be able to take up issues on behalf of people in Wales, undertake research and make representations. I recognise that Opposition Members are not satisfied with the process, but he will still be able to carry out that task effectively. I am certain that the commissioner will be able to do just what has been done by, for example, the Children’s Commissioner for Wales, in establishing a prominent role in Welsh public life. The hon. Gentleman referred to Citizens Advice, and I am sure that if people go to citizens advice bureaux with relevant matters those will be passed on to the commissioner for investigation, further research or whatever is appropriate.
Amendment No. 23 provides that the Assembly may add to schedule 2, by order, any body that has functions in a field that is directly related to Wales. That could include, potentially, a number of UK-wide bodies operating in non-devolved fields. We have debated that question and we cannot accept the amendment. Where the Assembly adds a person to schedule 2, the Bill requires the Assembly to specify which of the person’s functions will be “relevant functions” and thus subject to the commissioner’s remit. Currently, a function can be specified as a “relevant function” only if it is in a field in which the Assembly has functions—that is, if it is devolved. The same applies to amendment No. 24. I therefore ask the hon. Gentleman to withdraw the amendment.
