We also need to remember that, for example, Social Care Wales recommended the Welsh Government revisit their decision, explaining that the power of access fills the gaps of provider capture and situational capture, i.e., it's tilted in favour of the provider. And this is what is encountered during inspection powers. The older people's commissioner said that this function could be flexible, responsive, and act as an early warning system where concerns may be identified before an inspection by Healthcare Inspectorate Wales.

Leonard Cheshire highlighted the importance of a power due to its proactive nature and allowing standards to be measured before the duty of candour is triggered. Gelligaer Community Council, who were very helpful in their responses, and they spoke for a lot of community councils, strongly felt the new body should have the right of access to health and social care establishments. And they cited the Aneurin Bevan CHC as having a very good record of responding rapidly to reports, and through their relationship with the health board, through their positive relationship with health board, affecting changes.

And I do find it disappointing, Minister, that you seek to deny such an important role its full weight. You claimed, in you responses to committee, that inspectorate bodies already undertake this function against regulatory standards. But despite all of the evidence, that actually contradicts that assertion. It was also very disappointing at Stage 2 that you believed that both of the opposition amendments were drafted in such a way they could be interpreted as inspection functions because that is most certainly not what we were trying to do.

And I did listen to you when we met to discuss this prior to Stage 3, and I did listen very clearly to your concerns about the human rights considerations, and that's why I've submitted a redrafted amendment to try to encapsulate some of those concerns. And I heard you, at Stage 2, saying that you'd had constructive conversations with the CHCs about this right of entry, but they're adamant that it should be retained on the face of the Bill.

The advice I received in connection with the human rights elements highlights that any provision of a Bill must not contravene the ECHR to fall within legislative competence. In this instance, article 8 on the right to a private life. I've further been informed that the fact that a code of practice will set out qualifications that should ensure that article 8 is not breached is not enough to ensure a provision does not infringe article 8 and therefore be within competence. So, as such, the more qualifications given to the right of access on the face of the Bill, the less likely article 8 will be infringed. My amendment, therefore, I believe, achieves this requirement.

And I'd like to remind you that we are particularly mindful that, in evidence, the board CHCs reassured us that the powers wouldn't extend to health and social care services that were not directly provided from settings that are owned, managed or leased by health and care bodies. Furthermore, the board's legal advice notes that the human rights Act's considerations would not be triggered in these instances as they are seeking a right of access to communal areas, not private rooms. Therefore, the amendment, as drafted, seeks to take into account that the Bill must not contravene the European convention on human rights. So, we've ensured that that article 8 on the right to private life is not breached. So, in other words, if you want to go in and do an inspection on a care home because either it's part of your routine or because you've heard that somebody's got some concerns, you can request to go in, you can go in, you can go to the private areas, but if a resident or two residents at that care home also say to you, 'Please come into my private room, I want to talk about this, I'm raising concerns', then they would go in by invitation. So, it isn't about marching into a private room, a private home; it's about going in with invitation but going into the communal areas. And we believe that this amendment would absolutely encapsulate that and preserve it. And I would be grateful if you'd consider your position on the right of access and support this amendment, because this goes to the heart of the citizen voice body, the fact that they have that right to go out and to look at situations that are developing on behalf of the citizen.