S.C.A.
Amendment Paper as at
Tuesday 27th June 2006
STANDING COMMITTEE A
New Amendments handed in are marked thus *
COMMISSIONER FOR OLDER PEOPLE (WALES) BILL [LORDS]
NOTE
The amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [26th June]
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 26th June 2006 (Standing Order 93C):
That—
(1) during proceedings on the Commissioner for Older People (Wales) Bill [Lords] the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 27th June) meet—
| (a) | at 4.00 p.m. on Tuesday 27th June; |
| (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 29th June; |
(2) the proceedings shall be taken in the following order; Clause 1; Schedule 1; Clauses 2 and 3; Schedule 2; Clauses 4 to 6; Schedule 3; Clauses 7 to 22; Schedule 4; Clauses 23 to 30; new Clauses; new Schedules; remaining proceedings on the Bill;
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 29th June.
Mrs Cheryl Gillan
6
Schedule 1, page 18, line 16, at end insert—
| '(2) | Regulations under sub-paragraph (1)(b) must provide that the Commissioner shall be appointed for a term of four years and may be re-appointed for one further term of four years.'. |
Mrs Cheryl Gillan
7
Schedule 1, page 18, line 16, at end insert—
| '(2) | Regulations under sub-paragraph (1)(b) relating to the circumstances in which the Commissioner ceases to hold office or may be removed or suspended from office must ensure that the Commissioner is able to perform his duties independently.'. |
Mrs Cheryl Gillan
4
Schedule 1, page 18, line 28, leave out sub-paragraph (3).
Mrs Cheryl Gillan
5
Schedule 1, page 18, line 33, leave out 'must' and insert 'may'.
Mrs Cheryl Gillan
16
Schedule 1, page 19, line 8, leave out from 'appoint' to end of line 9 and insert 'up to 30 other staff to assist him in the discharge of his functions.
| '(6) | The Commissioner may appoint staff in excess of the limit in sub-paragraph (5) only with the approval of the Assembly.'. |
Mrs Cheryl Gillan
2
Schedule 1, page 19, line 26, leave out 'may' and insert 'shall'.
Mrs Cheryl Gillan
3
Schedule 1, page 19, line 27, leave out 'it thinks appropriate' and insert 'the Secretary of State shall direct'.
Mrs Cheryl Gillan
11
Clause 2, page 1, line 15, at end insert—
| '(e) | keep under review the adequacy of retirement provision for older people in Wales.'. |
Mark Williams
Lembit Öpik
18
Clause 2, page 1, line 15, at end insert—
| '(e) | work towards the elimination of elder abuse'. |
Mrs Cheryl Gillan
Mark Williams
Lembit Öpik
12
Clause 2, page 1, line 16, leave out subsection (2).
Mark Williams
Lembit Öpik
20
Clause 2, page 1, line 18, after 'Assembly', insert 'and to Her Majesty's Ministers'.
Mrs Cheryl Gillan
29
Clause 2, page 1, line 18, after 'Assembly', insert 'and to the Secretary of State'.
Mr Adam Price
36
Clause 2, page 1, line 19, at end add—
'(4) The Assembly must consider any representations received from the Commissioner and respond to the Commissioner and where the Assembly considers it appropriate to take action it shall consult the Commissioner on any action that is to be taken.'.
Mr Adam Price
38
Clause 3, page 2, line 26, at end insert—
'(5) Where the Commissioner considers it relevant to the success of any relevant function of a person mentioned in Schedule 2, the Commissioner may keep under review the operation in Wales of—
| (a) | Jobcentre Plus, insofar as its activities or employees are involved with the administration of any welfare benefits paid to claimants who are older people in Wales as defined in section 24; |
| (b) | Her Majesty's Revenue and Customs, insofar as its activities or employees are involved with the administration of any tax credits for claimants who are older people in Wales as defined in section 24; |
| (c) | local authorities' functions, insofar as their activities or employees are involved with the administration of any housing, council tax, or other welfare benefit paid to claimants who are older people in Wales as defined in section 24. |
(6) The Commissioner may report any findings arising from any review to—
| (a) | Jobcentre Plus where the findings arising from any review are in relation to the activities or employees of Jobcentre Plus; |
| (b) | Her Majesty's Revenue and Customs where the findings arising from any review are in relation to the activities or employees of Her Majesty's Revenue and Customs; |
| (c) | the local authority to which the findings arising from any review brief are related; |
| (d) | the National Assembly for Wales; |
| (e) | the relevant Minister.'. |
Mark Williams
Lembit Öpik
21
Schedule 2, page 23, line 31, at end insert—
'The Air Ambulance in Wales
Ambulance services and trusts
A voluntary organisation discharging functions in relation to health and social care.'.
Mrs Madeline Moon
39
*Schedule 2, page 23, line 31, at end insert—
'The Care Standards Inspectorate for Wales.'.
Mark Williams
Lembit Öpik
22
Schedule 2, page 24, line 27, at end add—
The civil and criminal courts of the United Kingdom
Her Majesty's Revenue and Customs
The Employment Tribunals Service
Any other appropriate United Kingdom-wide body.'.
Mark Williams
Lembit Öpik
23
Clause 4, page 2, line 34, leave out from 'field' to end of line 35 and insert 'which is directly related to Wales.'.
Mark Williams
Lembit Öpik
24
Clause 4, page 3, line 13, leave out from 'field' to end of line and insert 'which is directly related to Wales.'.
Mrs Madeline Moon
40
*Schedule 3, page 25, line 1, at end insert—
'The Care Standards Inspectorate for Wales.'.
Mark Williams
Lembit Öpik
25
Clause 8, page 5, line 33, after 'Assembly', insert 'or to the United Kingdom Government'.
Mrs Cheryl Gillan
30
Clause 10, page 6, line 28, leave out 'may' and insert 'shall'.
Mark Williams
Lembit Öpik
26
Clause 10, page 6, line 31, leave out subsection (2).
Mrs Cheryl Gillan
31
Clause 10, page 6, line 38, leave out 'may' and insert 'shall'.
Mrs Cheryl Gillan
14
Clause 10, page 7, line 9, leave out subsection (7).
Mrs Cheryl Gillan
15
Page 7, line 22, leave out Clause 11.
Mark Williams
Lembit Öpik
27
Clause 12, page 8, line 4, at end insert—
| '(d) | the United Kingdom Government.'. |
Mrs Cheryl Gillan
8
Clause 13, page 8, line 19, leave out 'if the older person consents'.
Mrs Cheryl Gillan
9
Clause 13, page 8, line 21, leave out paragraph (a).
Mrs Cheryl Gillan
10
Clause 13, page 8, line 25, at end add—
'(4) The powers conferred by subsection (1) are exercisable in Wales only.'.
Mrs Cheryl Gillan
33
Clause 15, page 9, line 4, leave out 'may' and insert 'shall'.
Mark Williams
Lembit Öpik
28
Clause 15, page 9, line 6, leave out subsection (2).
Mrs Cheryl Gillan
34
Clause 15, page 9, line 9, leave out 'may' and insert 'shall'.
Mrs Cheryl Gillan
13
Page 12, line 43, leave out Clause 19.
Mrs Cheryl Gillan
1
Clause 24, page 14, line 17, leave out '60' and insert '50'.
Mr Adam Price
37
Clause 24, page 14, line 17, at end insert 'but, at the Commissioner's discretion, "older person" may also be interpreted to mean a person aged 50 or over where that person suffers from an age-related illness, impairment or disability or where the Commissioner considers it appropriate to do so.'.
