New Clause 2
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)
I am grateful for the opportunity to set the record straight on the concern that some individuals and organisations have had about the possible duplication of roles between the commissioner and the CSIW. However, can tell the hon. Lady that the new clause is not necessary. The remits of the commissioner and the CSIW are quite different and there is no likelihood of the two offices tripping over each in seeking to safeguard older people.
The CSIW’s main focus is on registration and inspection of the care sector in Wales. It enforces the Care Standards Act along with its associated regulations and national minimum standards in Wales. It deals with complaints that arise from the operation of those arrangements.
Broadly speaking, the commissioners remit in that area is to check that the CSIW is doing its job properly in relation to older people. He will not have statutory powers to inspect or bring civil or criminal proceeding against service providers. The commissioner’s role is more strategic. For example, the Assembly’s intention, as with the Children’s Commissioner, is that the commissioner should use his powers to focus on cases that raise a question of principle, or that have more general application or relevance to the rights or welfare of older people.
That proposed approach was set out in paragraph 33 of the statement of policy intention. Crucially, the commissioner will be required to take into account whether the issues involved in the case have been, or are being, formally considered by other persons, and if they have not, or are not, whether they are more suitable for consideration by others.
Finally, where the case is the subject of legal proceedings, clause 21 will apply to restrict the commissioner’s powers in relation to proceedings. I know that this is a probing new clause, and I hope that I have set out the different roles.