Clause 17
Commissioner for Older People (Wales) Bill [Lords]
Public Bill Committees, 27 June 2006, 4:45 pm

Cheryl Gillan (Shadow Secretary of State for Wales, Wales; Chesham & Amersham, Conservative)
Just briefly, could the Minister enlighten me as to whether collaborative working will include working with the national partnership forum for older people, the Commission for Equality and Human Rights or organisations such as the university of the third age?

Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West & South Pembrokeshire, Labour)
The collaborative working would not be broad enough to include the national forum. It would be for the commissioner to work eitherwith other commissioners, such as the Children’s Commissioners for Wales, or with the ombudsman, but certainly not with the university of the third age, for example. Collaborative working would take place with public office holders, such as other properly constituted ombudsmen or commissioners, not a wide range of organisations, such as representative organisations, because there are formal arrangements. I hope that that answers the hon. Lady’s question.
When the Commission for Equality and Human Rights is fully set up, it is likely that the commissioner will enter into an arrangement with it under subsection (8), which would formally establish their working arrangements. The CEHR will have a role on age discrimination, particularly in employment, so it is right that the Commissioner for Older People in Wales should have a proper working arrangement with it. I hope that the hon. Lady is satisfied with that point.

Cheryl Gillan (Shadow Secretary of State for Wales, Wales; Chesham & Amersham, Conservative)
I most grateful to the Minister—that is what I wanted to hear.

Adam Price (Spokesperson (Defence; Transport; Economy & Taxation; Miners Compensation; Regeneration; Trade & Industry); Carmarthen East & Dinefwr, Plaid Cymru)
If I may briefly raise an issue that does not concern collaboration, there are other ombudsmen and regulators who are themselves subject to regulation. Will it be possible for someone to bring a complaint about the Commissioner for Older People, for instance to the parliamentary ombudsman or another regulator? Who regulates the regulator?

Nick Ainger (Parliamentary Under-Secretary, Office of the Secretary of State for Wales; Carmarthen West & South Pembrokeshire, Labour)
The commissioner will have to have his own complaints procedure. If someone remained dissatisfied with the way the commissioner had carried out his functions, that complaint could be taken to the Assembly for consideration. It is important that the commissioner should be required to develop a complaints procedure. The other way would be through judicial review, to which the commissioner could be subject if someone was dissatisfied with the way he had carried out his functions.
