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Commissioner for Older People (Wales) Bill [HL]

I rise to speak to Amendment No. 90, which is in this group. This amendment to Clause 12 addresses a concern expressed by Help the Aged, and it is also intended to put the comments of the Minister on the record. As it stands, the clause is intended to enable the commissioner to gain entry to premises, such as residential or nursing homes, where third parties such as the owner or manager might be involved and the commissioner’s ability to enter might be impeded by them. A problem arises in that it is not clear whether the term ““private dwelling”” includes a care setting owned and operated in the independent sector. We all know that these days a significant proportion of care for vulnerable older people is provided outside the public sector. Older people are not adequately protected under current human rights and equality legislation, and that is particularly relevant in the case of older people who are self-funding their care within the independent/private sector, as demonstrated by existing case law. Our amendment aims to ensure that the commissioner will have power to gain access, and thus perform his functions under the Bill, in settings providing care within the independent sector.