5. Motion under Standing Order 26.91 seeking the Assembly's agreement to introduce a Member Bill on Older People's Rights

Part of the debate – in the Senedd at 3:30 pm on 23 January 2019.

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Photo of Helen Mary Jones Helen Mary Jones Plaid Cymru 3:30, 23 January 2019

It would be—[Interruption.] If I may proceed, if the Member would allow me, given that I'm standing at this particular point in this process to support the Member's proposal, and to recommend to the Assembly that we allow this legislation to proceed at this stage. I should say that in the Plaid Cymru group, we will be having a free vote on this, and Members will, as I feel is appropriate for backbench legislation, decide on the merits in their own views. 

I think there is merit in principle to what Darren Millar is proposing. We do have evidence of the effectiveness of the partial incorporation of the UN Convention on the Rights of the Child, and Members are aware, as the Minister has already alluded, of my proposal that we consider incorporating the convention on the rights of disabled people. As the Minister has said, I entirely concur with her, and the case that Darren Millar has set out, about the serious discrimination that older people suffer in many circumstances, though we must also acknowledge that older people are sometimes among the most privileged and the most financially successful, so this isn't universal. But I've been shocked, for example, to see the parlous state of some services for older people with mental health needs, and some of the care homes that I've visited have been profoundly shocking. I should also say that I've visited some settings that have been exceptional, and those settings have often not been the glossy ones, not the most expensive ones, but ones where the care is of the highest quality. 

So, I do recognise Darren Millar's description of some of the challenges that we face in ensuring that older people are able to access their rights. And the question for this Assembly will be: is this piece of legislation—or will this piece of legislation, because, of course, we haven't seen it yet—will this piece of legislation be the most effective and the most likely to succeed in addressing that wide range of challenges that Darren Millar rightly sets out?

I've been very grateful for the discussions that I've had with Welsh Ministers, with Julie James and with Jane Hutt, following my proposal with regard to the disabled people's convention, about the broader agenda to incorporate that the Minister has set out for us today, and I've been very interested to read the Counsel General's views on this. As the Minister has rightly said, we do not yet know, if and when Brexit happens, how that will affect the equality legislation, because the UK legislation, of course, is predicated on an ultimate appeal to European courts, and that would no longer be the case. So, there are many unknowns in this situation. And I would be very disappointed if the work that the Minister has outlined were to be hampered in any way by the progress of this proposed Bill. However, where I do not agree with the Minister at present is that I don't accept that allowing this Bill to progress to the next stage would necessarily need to derail that work. Indeed, I could imagine a situation where we might proceed with this legislation, and at a further stage, the Government might choose to take it on board and to build it in to further work that they were doing, as was done, for example, when, in a previous Assembly, I introduced a carers' rights Measure that was then taken on by the Government and put into a broader piece of work that they were doing to promote carers' rights. 

I want to make very clear today to the Government that I do not think that we can use the future generations and well-being Act, as it stands now, to move this agenda forward. There is no redress for the individual under the future generations and well-being Act, and the commissioner herself has made it very clear that she can do nothing other than name and shame. And I know that Ministers are looking at the inconsistency between the powers of our various commissioners, and also looking at the way in which those powers have or have not been used. And, again, I know that that will be built into the work that the Minister has outlined today. But, again, I do not see that that is a reason necessarily, at this stage, for this Assembly not to allow Darren Millar's proposal to proceed. 

I will be very interested to see the detail of the Bill. I am very interested in the issue that Suzy Davies raised around enforceability because we know—and I look to Jane Hutt, our Minister for equality, who knows very well that unless individuals have mechanisms that they can use, that do not depend on the Government, that do not depend on an independent commissioner, but that they can use themselves to enforce those rights, those rights at their very end may not be enforced. And we have experience trying to implement sex equality legislation that makes that clear.

We are, I think—we can see from this debate—all united in our wish, in this Chamber, to address the discrimination that older people undoubtedly face. I believe that we should wait and see the detail of this Bill before we come to a conclusion as to whether or not this is the right way to proceed. And on that basis, I commend Darren Millar's motion to the house.