New Clause 1
Commissioner for Older People (Wales) Bill [Lords]
5:15 pm
Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West and South Pembrokeshire, Labour)
While I appreciate the point that the hon. Lady has made, the effect of the new clause is pretty draconian to say the least. It would result in the Act ceasing to have effect if the Assembly so resolved or if the Auditor General produced a report concluding that the commissioner had
“failed to use his resources efficiently or effectively.”
Should the Assembly conclude that for some reason there was no longer a need for the commissioner—the hon. Lady suggested the example of a merger and a UK-wide commissioner—it would be able to relieve the commissioner of office, simply fail to reappoint him or seek to secure the repeal of the supporting legislation. If an incumbent commissioner’s contract still had time left to run, there is a provision in paragraph 3(3) of schedule 1 for arrangements to be made for any necessary early severance payment to be made.
If the hon. Lady is concerned about financial mismanagement or misconduct by the commissioner, I tell her that the Assembly takes the view that in such circumstances it should be able to relieve him of office. As noted in its statement of policy intentions, it is intended that regulations will include the power to do so on the grounds of misbehaviour.
The second part of the new clause deals with the impact of an unfavourable audit report from the Auditor General. It seems a somewhat draconian response to provide that the Act shall automatically and immediately cease to have effect if the commissioner is judged by the Auditor General to have failed in any respect, however minor, to use his resources efficiently or effectively. There are safeguards built into the Bill to enable the Assembly to ensure that taxpayers’ money is used effectively by the commissioner. There is a requirement of audit in paragraph 12 of schedule 1 and provisions for examinations into the use of resources in paragraph 13. Before public money is committed at all, the Assembly Government will set the commissioner’s level of funding by negotiation with him on the basis of a forward work programme. The proposed allocation will be subject to the approval of the Assembly.
The Assembly Government have made clear in paragraph 69 their statement of policy intentions that they intend to require the commissioner, by regulation, to make an annual report to the Assembly giving an account of his actions in the discharge of his functions over the previous financial year and a summary of his proposed work programme for the current and next financial year. Following the custom and practice in the case of the Children’s Commissioner, the Assembly would hold a debate on the report, which would provide an opportunity to give a view on the value for money that the commissioner has given the public. That would in turn inform discussions about the appropriate level of funding for his planned future activities. I therefore ask the hon. Lady to withdraw the motion.