sc1322706.345-351

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
345

House of Commons

Tuesday 27th June 2006

Standing Committee Proceedings

Standing Committee A

Commissioner for Older People (Wales) Bill [Lords]

[First and Second Sittings]

Agreed to

Resolution of the Programming Sub-Committee

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.

Clause 1 Agreed to.

Mrs Cheryl Gillan

Withdrawn  6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

Not called  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

S.C.A.  Standing Committee Proceedings: 27th June 2006
346

Commissioner for Older People (Wales) Bill–[ [], continued

office must ensure that the Commissioner is able to perform his duties

independently.’.

Mrs Cheryl Gillan

Not called  4

Schedule  1,  page  18,  line  28,  leave out sub-paragraph (3).

Mrs Cheryl Gillan

Withdrawn  5

Schedule  1,  page  18,  line  33,  leave out ‘must’ and insert ‘may’.

Mrs Cheryl Gillan

Not called  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

Not called  2

Schedule  1,  page  19,  line  26,  leave out ‘may’ and insert ‘shall’.

Mrs Cheryl Gillan

Not called  3

Schedule  1,  page  19,  line  27,  leave out ‘it thinks appropriate’ and insert ‘the

Secretary of State shall direct’.

Schedule Agreed to.

Mrs Cheryl Gillan

Withdrawn  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

Not called  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

Negatived on division  12

Clause  2,  page  1,  line  16,  leave out subsection (2).

S.C.A.  Standing Committee Proceedings: 27th June 2006
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Commissioner for Older People (Wales) Bill–[ [], continued

Mark Williams

Lembit Öpik

Not called  20

Clause  2,  page  1,  line  18,  after ‘Assembly’, insert ‘and to Her Majesty’s Ministers’.

Mrs Cheryl Gillan

Not called  29

Clause  2,  page  1,  line  18,  after ‘Assembly’, insert ‘and to the Secretary of State’.

Mr Adam Price

Withdrawn  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.’.

Clause Agreed to.

Mr Adam Price

Withdrawn  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.’.

Clause Agreed to.

S.C.A.  Standing Committee Proceedings: 27th June 2006
348

Commissioner for Older People (Wales) Bill–[ [], continued

Mark Williams

Lembit Öpik

Not called  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

Not selected  39


Schedule  2,  page  23,  line  31,  at end insert—

‘The Care Standards Inspectorate for Wales.’.

Mark Williams

Lembit Öpik

Not called  22

Schedule  2,  page  24,  line  27,  at end add—

United Kingdom-wide

The Pensions Service

The Benefits Agency

The civil and criminal courts of the United Kingdom

Her Majesty’s Revenue and Customs

Jobcentre Plus

The Employment Tribunals Service

Any other appropriate United Kingdom-wide body.’.

Schedule Agreed to.

Mark Williams

Lembit Öpik

Withdrawn  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

Not called  24

Clause  4,  page  3,  line  13,  leave out from ‘field’ to end of line and insert ‘which is

directly related to Wales.’.

Clause Agreed to.

Clauses 5 and 6 Agreed to.

S.C.A.  Standing Committee Proceedings: 27th June 2006
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Commissioner for Older People (Wales) Bill–[ [], continued

Mrs Madeline Moon

Not selected  40


Schedule  3,  page  25,  line  1,  at end insert—

‘The Care Standards Inspectorate for Wales.’.

Schedule 3 Agreed to.

Clause 7 Agreed to.

Mark Williams

Lembit Öpik

Not called  25

Clause  8,  page  5,  line  33,  after ‘Assembly’, insert ‘or to the United Kingdom

Government’.

Clause 8 Agreed to.

Clause 9 Agreed to.

Mrs Cheryl Gillan

Withdrawn  30

Clause  10,  page  6,  line  28,  leave out ‘may’ and insert ‘shall’.

Mark Williams

Lembit Öpik

Not called  26

Clause  10,  page  6,  line  31,  leave out subsection (2).

Mrs Cheryl Gillan

Not called  31

Clause  10,  page  6,  line  38,  leave out ‘may’ and insert ‘shall’.

Mrs Cheryl Gillan

Withdrawn  14

Clause  10,  page  7,  line  9,  leave out subsection (7).

Clause Agreed to.

S.C.A.  Standing Committee Proceedings: 27th June 2006
350

Commissioner for Older People (Wales) Bill–[ [], continued

Mrs Cheryl Gillan

Not selected  15

Page  7,  line  22,  leave out Clause 11.

Clause Agreed to.

Mark Williams

Lembit Öpik

Not called  27

Clause  12,  page  8,  line  4,  at end insert—

‘(d)
the United Kingdom Government.’.

Clause Agreed to.

Mrs Cheryl Gillan

Withdrawn  8

Clause  13,  page  8,  line  19,  leave out ‘if the older person consents’.

Mrs Cheryl Gillan

Not called  9

Clause  13,  page  8,  line  21,  leave out paragraph (a).

Mrs Cheryl Gillan

Withdrawn  10

Clause  13,  page  8,  line  25,  at end add—

‘(4)
The powers conferred by subsection (1) are exercisable in Wales only.’.

Clause Agreed to.

Clause 14 Agreed to.

Mrs Cheryl Gillan

Not called  33

Clause  15,  page  9,  line  4,  leave out ‘may’ and insert ‘shall’.

Mark Williams

Lembit Öpik

Not called  28

Clause  15,  page  9,  line  6,  leave out subsection (2).

Mrs Cheryl Gillan

Not called  34

Clause  15,  page  9,  line  9,  leave out ‘may’ and insert ‘shall’.

S.C.A.  Standing Committee Proceedings: 27th June 2006
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Commissioner for Older People (Wales) Bill–[ [], continued

Clause Agreed to.

Clauses 16 to 18 Agreed to.

Mrs Cheryl Gillan

Not selected  13

Page  12,  line  43,  leave out Clause 19.

Clause Agreed to.

Clauses 20 to 22 Agreed to.

Schedule 4 Agreed to.

Clause 23 Agreed to.

Mrs Cheryl Gillan

Withdrawn  1

Clause  24,  page  14,  line  17,  leave out ‘60’ and insert ‘50’.

Mr Adam Price

Not called  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.’.

Clause 24 Agreed to.

Clauses 25 to 29 Agreed to.

Nick Ainger

Agreed to  17

Clause  30,  page  17,  line  6,  leave out subsection (2).

Clause, as amended, Agreed to.