Clause 10
Commissioner for Older People (Wales) Bill [Lords]
4:00 pm
Cheryl Gillan (Shadow Secretary of State for Wales, Wales; Chesham and Amersham, Conservative)
It gives me great pleasure to speak to the amendments. Clause 10 relates to the examination of cases. I can see from the consultation document that there were obviously concerns about that matter. I hope that I can articulate some of those and ask the Minister to make clear his position.
First, there was some concern that the commissioner would be able to demand an answer from a person. A community council was concerned that in a free country with citizen’s rights a person should not be forced to speak by legal coercion from the state. The council hoped that in instances of whistleblowing, confidentiality would be of paramount importance. Will the Minister address those concerns?
Concern was also expressed about the powers of examination. Some respondents hoped that the commissioner would be schooled in the rules of court procedure or that a clerk of the court would attend to expedite powers in connection with the examination of cases under clause 10.
When the regulations are made under clause 10, what consultation will take place? What will the Assembly do to inform itself while making those regulations? Will it consult widely on the detail of the regulations? Will it, for example, consult the Law Society? What is the position on data protection legislation and freedom of information relating to the examination of cases under clause 10? Can a person appeal against examination?
Amendments Nos. 33 and 34 refer to the report that will follow the discharge of particular functions. I should like some clarification from the Minister on what will happen when the reports have been compiled following the discharge of the functions referred to in clause 10. To whom will those reports be sent? Will they be timely? What limits will be set on the time for production of the reports, what will happen to those reports and who will respond to them, and on what time scale?
I know that the circulation of those reports is intended to include a list that was in the statement of policy intentions, but will the Minister confirm that that list will still apply when and if those organisations are required to respond to the reports?