Commissioner for Older People Bill
Purpose: to set up and give power to the Older People’s Commissioner’s office.
In its 2005 manifesto, the DUP said the idea of an older people’s commissioner “to combat ageism” should be discussed. This was followed up by a debate in the pre-devolution Transitional Assembly on 19 December 2006 when MLAs called for a commissioner to be appointed.
Ian Paisley and Martin McGuinness gave the idea a ‘green light’ almost exactly a year later, on 18 December 2007, but a lengthy period of consultancy and public consultation was to follow. A May 2008 Deloitte report supported the proposal, as there was “no one [government] body which has the concerns of older people as its primary focus”.
Detailed discussions then took place with older people’s charities and other interest groups, leading up to a public consultation from last October to January this year. Most of those responding were in favour.
In the meantime, an Older People’s Advocate, Dame Joan Harbison, was appointed in November 2008; her role is to identify the current problems facing that part of society.
The Commissioner would be appointed jointly by the First Minister and deputy First Minister, for a four-year term, renewable once. This appointment will happen after consultation with older people, selected and trained for the process; the exact method will be decided as the Bill goes through the Assembly. Significantly, there is no compulsory retirement age for the Commissioner.
His or her principal aim will be to “safeguard and promote the interests of older people” and would need to follow the 1991 United Nations Principles for Older Persons.
Specific duties include reviewing the effectiveness of relevant laws and public services, promoting the “elimination” of discrimination against older people, and advising the Assembly and Northern Ireland Secretary.
The Commissioner would have power to commission research and investigate serious cases involving questions of principle. Cases could also be brought to court by the Commissioner and some legal advice provided.
An older person is defined as someone aged 60 or over, although this category could be widened if the point of principle affected people aged 50 or over.
DUP support for a commissioner contrasts with its calls to cut other quangos, including the Children’s Commissioner. A party spokesman said that the new office would need a short time to “find its feet”. The DUP still wants less bureaucracy and suggests letting Great Britain’s Equality and Human Rights Commission cover the whole UK.
OFMDFM estimates that it will cost £500,000 to set up this office and expects an annual budget of around £1.5 million. UUP MLA Tom Elliott has given the plans a qualified welcome but questions the need for such a budget “in a time of financial constraint”.
The department said the estimated running costs are “broadly in line” with the Welsh example and the department will “look continually at ways to minimise costs and ensure value for money.”
Wales already has an Older People’s Commissioner, Ruth Marks MBE, who is a former regional head of the Royal National Institute for the Blind. She took up the post in January 2008. Interviewed by agendaNi a month afterwards, she explained that she had already received many letters from older people. Marks’ priorities were to listen to them, be an “effective voice for change” to improve their quality of life, and use her powers to take action on their behalf.
Scotland nearly had one. SNP MSP Alex Neil introduced a similar Bill in 2006 but it ran out of time before the 2007 election. Broad support for the Bill was voiced at its second stage and, having passed that point, it is currently with the OFMDFM Committee.
