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Response to the Richard Commission Consultation July 2003

Help the Aged

Help the Aged welcomes the opportunity to take part in this consultation and to have participated in the Public Meeting held in Cardiff on 10th July which was both interesting and informative. Whilst taking the view that Help the Aged can make only a limited contribution to this debate, we would wish in this response to highlight a number of key areas where we believe the current working arrangements are not serving the best interests of older people. However, it is also important to put on record our view that the Assembly's creation has been a significant and important step in introducing democratic accountability to the people of Wales- of whom an increasing proportion are of course older people -and it is the older people that are more likely to use their voting power and, therefore, ultimately provide the Assembly with its mandate.
Help the Aged welcomes the opportunity to take part in this consultation and to have participated in the Public Meeting held in Cardiff on 10th July which was both interesting and informative. Whilst taking the view that Help the Aged can make only a limited contribution to this debate, we would wish in this response to highlight a number of key areas where we believe the current working arrangements are not serving the best interests of older people. However, it is also important to put on record our view that the Assembly's creation has been a significant and important step in introducing democratic accountability to the people of Wales- of whom an increasing proportion are of course older people -and it is the older people that are more likely to use their voting power and, therefore, ultimately provide the Assembly with its mandate.
The current devolution settlement has also led to an increasing devolvement of the activities and governance of UK Charities with corresponding benefits to those with whom we work. The new style of government has enabled us to develop close and valued working relationships with Assembly Members and Civil Servants in a way that was not possible with the more distant power structures in Westminster and a Welsh Office that had no local mandate.
Although there have been significant achievements arising from this partnership approach to policy making, as exemplified, for instance by the Strategy for Older People, there are areas where the Assembly has been constrained from taking action by the limits on its legislative powers and lack of tax varying powers. These constraints have meant that the Assembly has had to compromise, at best, on crucial policy areas that have serious impact on older people. This is illustrated by three examples below:
The free long term care debate (as per the recommendations made by the Royal Commission on Long Term Care, 1999) where the Assembly has accepted the issue in principle, as from May 2002, but is unable to implement it in practice due to the lack of tax varying powers. Thus the Assembly's action is limited to lobbying of the UK Government only. The effectiveness of lobbying comes sharply into question when comparing the impact that lobbying has in contrast to actually having the ability to implement the policy itself and deliver free long term care. Moreover, the implementation of free long term care, as a single issue affecting only a proportion of the population, has unddrgone a steady decline in the Assembly's priority agenda and, therefore, relying on lobbying as the only tool for implementing change becomes a nullified process.
A second example is lacking the powers to introduce legislation in relation to Age Discrimination in all areas of goods services and facilities, in order for the Assembly to implement effectively its own Equal Opportunities agenda. This can lead to mixed messages being given and a failure to 'grasp the nettle' and legislate not only on an issue of proven concern to people in Wales - the eradication of age discrimination, but indeed an issue that is key in underpinning a national policy initiative such as the Strategy for Older People. Again, the lack of legislative powers in this area affects the effectiveness of delivery and impact of such a strategy.
A third example is illustrated by the Health Ombudsman's decision, earlier this year, on the unlawful charging for nursing care. This is an issue of crucial importance to older people and one where the Assembly was reduced to the rather humbling position of having to await guidance on this issue from the UK Government when greater powers could have led to immediate and more decisive action.
Whilst the Assembly has made many advancements in relation to Fuel Poverty, Housing and Homelessness, the inability to set national targets in statute exemplify the limited ability that the Assembly has to enact change in a more robust and effective manner in these areas of devolved policy. Mental Incapacity is another policy area where further legislative powers would enable the Assembly to implement change more effectively for the benefit of older people.
As a campaigning organisation it is clearly important that we are able to target our resources effectively when it comes to lobbying for changes that will benefit the lives of older people in Wales. Any lack of clarity over whether we should be lobbying at the -Assembly or UK Government level (or possibly both) can be both confusing and a poor use of our limited resources.
Finally, whilst it is not really for us, as a charity working with older people, to comment on the electoral arrangements or on the overall size and makeup of the Assembly (other than to comment on the unrealistic deadlines and difficulties of communication with officers that can arise at times from what we are given to understand is a lack of capacity), the one comment that we would emphasise is that the Assembly should have the necessary infrastructure in place to deal effectively and fairly with the powers with which it is ultimately vested.
Help the Aged July 2003.