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Committee of the Whole House (HL)
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Lord Rowlands

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Committee of the Whole House (HL) (20)
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Rowlands, Lord (20)

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Perhaps I may intervene and, in doing so, declare an indirect interest. It was my privilege to serve on what became known as the Richard commission, which was established by the Assembly, under the chairmanship of my noble friend Lord Richard, to look into the further powers that might be devolved...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
23 November 2005
Reference
675 c426-7GC
House
House of Lords

I apologise for interrupting the noble Lord. I sit on the Constitution Committee. At its last meeting, the committee cleared the Bill, following the Minister’s letter.

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c332GC
House
House of Lords

Will the Minister consider going a little further than the new clause goes? This procedure relates to complaints against the commissioner himself or herself. As I understand it, he or she has to consult the Assembly about the complaints procedure but it does not require the Assembly’s approval. Given that...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c369-70GC
House
House of Lords

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...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c331GC
House
House of Lords

As I understand it, my noble friend has been very clear in saying that the commissioner or a person approved by him will have access to private care homes to deal with matters that are brought to his attention by an individual resident. If the person’s complaint is about the...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c357GC
House
House of Lords

I shall offer briefly a contrary view to the one expressed by the noble Lord, Lord Roberts, on the commissioner’s report and on communications with Whitehall Ministers. An excellent and constructive development that has occurred since the Government of Wales Act is the useful and constructive relationship that Assembly Ministers have...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c362-3GC
House
House of Lords

I support my noble friend’s position, as I did at the last sitting of the Committee. It is important that we do not blur the distinction of constitutional accountability between the powers that have and have not been devolved. However, I suggest that in the case of police authorities there...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c327GC
House
House of Lords

I suggest to my noble friend that, because this is important and because it concerns complaints about the commissioner himself or herself, he or she should not be the final arbiter of the procedure. In this provision, the Assembly can make suggestions and propose amendments to the commissioner’s draft, but...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c370GC
House
House of Lords

I am not aware of that practice. If that is the case, the Minister can tell us about that. I am only saying that we should invest powerfully and heavily in the relationship between Assembly and Assembly Ministers and Whitehall. Those channels of communication have been really working rather well...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
26 October 2005
Reference
674 c363GC
House
House of Lords

Whether the powerful statutory agencies to deal with food safety have failed to discharge their duties would obviously be the subject of an inquiry. But was it not the lack of teeth and power of the statutory agencies that sadly failed the children suffering from E.coli?

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c223-4GC
House
House of Lords

Will my noble friend confirm that the Children’s Commissioner does not have such important powers either? If so, does anyone really think that the Children’s Commissioner does not have teeth?

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c223GC
House
House of Lords

Yes.

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c223GC
House
House of Lords

I should like to explore the consequences of accepting Amendment No. 23, which suggests that the commissioner should have the power to enforce his recommendations. In doing so, I shall seek to illustrate the consequences of such an enforcement power. I have recently been taking an interest in the issue...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c215-6GC
House
House of Lords

I am very grateful and appreciate that it would be far better to have a considered view on the matter. I am thinking of where the commissioner himself receives the information from the whistle-blower and then incorporates that information into his report. He is covered completely in making his report;...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c197GC
House
House of Lords

I am sorry to be pernickety, but can my noble friend clarify what paragraph 21 will look like after the amendment has been inserted? Am I correct that after, ““In the Freedom of Information Act 2000 (c.36)”” there will be a little (a) and these words will be inserted? Will...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c200GC
House
House of Lords

Will the whistle-blowers themselves be covered by the provision?

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c196GC
House
House of Lords

Indeed, I suggest that it may be the best way to proceed because that is the nature of the devolution settlement. I would resist the concept of ““devolution creep””, which I think is being promoted here. We should have a very clear distinction with regard to roles and accountability. UK...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c227GC
House
House of Lords

Yes, I would hope that he would have that discretion, and it would be sensible to take them into account. I hope that, if he accepted the representations that he received in providing the service of the kind that I have described, he would want to take into account the...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c216-7GC
House
House of Lords

That would be a perfectly legitimate and proper use of his influence, but there is a world of difference between trying to influence a budget and having the right to enforce a certain recommendation that has budgetary consequences.

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c217GC
House
House of Lords

Perhaps I may briefly pursue the point I raised about whistle-blowers—I hope that my noble friend did not mind my briefly interrupting him to ask him about it. Let us envisage the situation in which a whistle-blower provides information to the commissioner who then, in one form or another, reports...

Member
Lord Rowlands (Labour)
Type
Proceeding contributions
Date
18 October 2005
Reference
674 c197GC
House
House of Lords