Care Bill [HL]

Insert the following new Clause—

“76A Older Persons’ Commissioner

(1)   In the Health and Social Care Act 2008, after section 128 insert the following
new Part:

“PART 2A

OLDER PERSONS’ COMMISSIONER

128A          Establishment of an office of the Older Persons’ Commissioner

(1)   There shall be an office of the Older Persons’ Commissioner.

(2)   Schedule (The Older Persons’ CommissionerThe Older Persons’ Commissioner) shall have effect with
respect to the Older Persons’ Commissioner.

128B          Functions of the office of the Older Persons’ Commissioner

(1)   The Older Persons’ Commissioner has the function under this Part
of promoting the wellbeing, dignity and respect of older people and
safeguarding and promoting their rights and welfare.

(2)   In fulfilling their duties under subsection (1), the Older Persons’
Commissioner may review, and monitor the operation of,
arrangements falling within subsection (2), (3) or (4) for the purpose
of ascertaining whether, and to what extent, the arrangements are
effective in promoting the wellbeing, dignity and respect, and
safeguarding and promoting the rights and welfare of older people.

(3)   The arrangements falling within this subsection are the
arrangements made by the providers of regulated services in
England, or by the Secretary of State, for dealing with complaints or
representations in respect of such services made by or on behalf of
older people.

(4)   The arrangements falling within this subsection are arrangements
made by the providers of regulated services in England, or by the
Secretary of State, for ensuring that proper action is taken in
response to any disclosure of information which may tend to show
that, in the course of, or in connection with, the provision of
regulated services to older people—

(a)   that a criminal offence has been committed;

(b)   that a person has failed to comply with any legal obligation
to which he is subject;

(c)   that the health and safety of any person has been
endangered; or

(d)   that information tending to show that any matter falling
within one of the preceding paragraphs has been
deliberately concealed.

(5)   The arrangements falling within this subsection are arrangements
made (whether by providers of regulated services in England, by
the Secretary of State or by any other person) for making persons
available—

(a)   to represent the views and wishes of older people to whom
this Part applies; or

(b)   to ensure the adequate provision to older people of advice
and support of any prescribed kind.

(6)   The Secretary of State may, by regulations confer power on the
Older Persons’ Commissioner to require prescribed persons to
provide any information which the Older Persons’ Commissioner
considers it necessary or expedient to have for the purposes of his
functions under this section.

(7)   A statutory instrument containing regulations under subsection (5)
is not to be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

128C          Examination of cases by the Older Persons’ Commissioner

(1)   The Secretary of State may, by regulations, make provision for the
examination by the Older Persons’ Commissioner of the cases of
particular older people.

(2)   The regulations may include provision about—

(a)   the types of case which may be examined;

(b)   the circumstances in which an examination may be made;

(c)   the procedure for conducting an examination, including
provision about the representation of parties;

(d)   the publication of reports following an examination.

(3)   The regulations may, for the purposes of enabling the Older
Persons’ Commissioner to examine or determine whether any
recommendation made in a report following an examination has
been complied with, make provision for—

(a)   requiring persons to provide the Older Persons’
Commissioner with information; or

(b)   requiring persons who hold or are accountable for
information to provide the Older Persons’ Commissioner
with explanations or other assistance,

for the purpose of an examination or for the purposes of for the purpose of an examination or for the purposes of
determining whether any recommendation made in a report determining whether any recommendation made in a report
following an examination has been complied with.following an examination has been complied with.

(4)   For the purposes mentioned in subsection (3), the Older Persons’
Commissioner shall have the same powers as the High Court in
respect of—

(a)   the attendance and examination of witnesses (including the
administration of oaths and affirmations and the
examination of witnesses abroad); and

(b)   the provision of information.

(5)   No person shall be compelled for the purposes mentioned in
subsection (3) to give any evidence or provide information which
he could not be compelled to give or provide in civil proceedings
before the High Court.

(6)   The regulations may make provision for the payment by the Older
Persons’ Commissioner of sums in respect of expenses or
allowances to persons who attend or provide information for the
purposes mentioned in subsection (3).

(7)   A statutory instrument containing the first regulations made under
subsections (1), (2) or (3) is not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(8)   A statutory instrument that contains regulations made under
subsection (6) is subject to annulment in pursuance of a resolution
of either House of Parliament.

128D          Obstruction

(1)   The Older Persons’ Commissioner may certify an offence to the
High Court where—

(a)   a person, without lawful excuse, obstructs him or any
member of his staff in the exercise of any of his functions
under regulations made under section 128B(5) or 128C; or

(b)   a person is guilty of any act or omission in relation to an
examination under regulations made by under section 128C
which, if that examination were proceedings in the High
Court, would constitute contempt of court.

(2)   Where an offence is so certified the High Court may inquire into the
matter; and after hearing—

(a)   any witnesses who may be produced against or on behalf of
the person charged with the offence; and

(b)   any statement that may be offered in defence,

the High Court may deal with the person charged with the offence the High Court may deal with the person charged with the offence
in any manner in which it could deal with him if he had committed in any manner in which it could deal with him if he had committed
the same offence in relation to the High Court.the same offence in relation to the High Court.

128E          Further functions

(1)   The Older Persons’ Commissioner may, in connection with his
functions under this Part give advice and information to any
person.

(2)   Regulations may confer power on the Older Persons’
Commissioner to assist an older person—

(a)   in making a complaint or representation to or in respect of a
provider of regulated services in England; or

(b)   in any prescribed proceedings.

(3)   For the purposes of subsection (2), assistance includes—

(a)   financial assistance; and

(b)   arranging for representation, or the giving of advice or
assistance, by any person.

(4)   Regulations under section (2) may also provide for assistance to be
given on conditions, including (in the case of financial assistance)
conditions requiring repayment in specified circumstances.

(5)   Regulations may, in connection with the Older Persons’
Commissioner’s functions under this Part, confer further functions
on the Commissioner.

(6)   Regulations may, in particular, include provision about the making
of reports on any matter connected with any of his functions.

(7)   Apart from identifying any person investigated, a report by the
Older Persons’ Commissioner shall not—

(a)   mention the name of any person, or

(b)   include any particulars which, in the opinion of the Older
Persons’ Commissioner, are likely to identify any person
and can be omitted without impairing the effectiveness of
the report,

unless, after taking account of the public interest (as well as the unless, after taking account of the public interest (as well as the
interests of any person who made a complaint and other persons), interests of any person who made a complaint and other persons),
the Older Persons’ Commissioner considers it necessary for the the Older Persons’ Commissioner considers it necessary for the
report to mention his name or include such particulars.report to mention his name or include such particulars.

(8)   For the purposes of the law of defamation, the publication of any
matter by the Older Persons’ Commissioner in a report is absolutely
privileged.

(9)   In subsection (1) of this section “proceedings” includes a procedure
of any kind and any prospective proceedings.

(10)   A statutory instrument containing the regulations under this
section is not to be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.

128F          Restrictions

(1)   This Part does not authorise the Older Persons’ Commissioner to
enquire into or report on any matter so far as it is the subject of legal
proceedings before, or has been determined by, a court or tribunal.

(2)   This Part does not authorise the Commissioner to exercise any
function which by virtue of an enactment is also exercisable by the
prescribed person.

128G          Interpretation

(1)   For the purposes of this Part “regulated services” has the same
definition as “regulated activity” in section 8 of this Act as they
relate to older people.

(2)   This Part applies to any older person normally domiciled in
England.”

(2)   After Schedule 5, insert the following new Schedule—