Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West & South Pembrokeshire, Labour)

Welcome to the Chair,Mr. Williams. We dealt with quite a number of important issues this morning quite expeditiously. I hope that we will continue in that vein this afternoon.

The hon. Member for Chesham and Amersham (Mrs. Gillan) was asking me about the need for timely interventions in relation to the clause. I appreciate her point about the need to act quickly where an older person may be in danger and about the role that whistleblowing arrangements will have in ensuring that such information comes to light. Indeed, that is why whistleblowing arrangements have been included in the clause.

However, the commissioner’s review function in the clause is primarily a strategic role designed to help to ensure that adequate arrangements are in place for dealing with problems when they arise. This is a broad power that will apply to many types of arrangements and in respect of a wide range of bodies. To make action under this general power subject to some sort of time scale would not be practical. There are a number of existing bodies who have the responsibility for protecting older people, such as the Care Standards Inspectorate for Wales. The role of the commissioner is not to duplicate their ability to take direct action, but to check that they are aware of instances of concern if those are brought to the commissioner’s attention and that more broadly they are fulfilling their responsibilities towards older people.

For example, if the commissioner were to become aware that arrangements for advocacy, whistleblowing or complaints in a care home were placing older people at risk we would expect him to bring that to the attention of the CSIW immediately. It would be for the CSIW to obtain the necessary information required to assess the risk and to take the necessary action to deal with any risk. I hope that the hon. Lady will accept those points.