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Commissioner for Older People (Wales) Bill [HL]

I do not believe that the noble Lord, Lord Roberts, is quite right in saying that Clause 4(2)(d) is about non-devolved organisations. As I understand it, the provision could refer to a devolved organisation that performs functions that are entirely devolved to the Assembly, but if it receives less than half the money from the Assembly it cannot be included unless the Secretary of State consents. So the provision does not make a clear-cut distinction between devolved and non-devolved matters but is about the kind of organisations that can be brought within the commissioner’s net, based on the financial contribution or expenditure that comes from the Assembly. Where is the legislative pedigree for the subsection? Was that kind of definition used in the Children’s Commissioner for Wales Bill? Can he think of any organisations that work in Wales, are funded by the Assembly in Wales but receive only a third of their payments from there because they raise the other two-thirds from other sources? Why should an organisation of that kind, which perhaps delivers services to elderly people, be left out of the commissioner’s remit? So I am asking my noble friend two questions: first, has subsection (2)(d) a legislative pedigree in legislation such as the Children’s Commissioner for Wales Bill; and, secondly, if there are organisations that will be funded by less than a half by the Assembly but which fulfil devolved powers and deliver services to elderly people, why should they be left out? I see the back-up clause allowing the Secretary of State to exercise his consent to their inclusion; but it is rather a sledgehammer division at the strict 50 per cent mark suggested in subsection (2)(d).