C03

Legislation Committee 3

Response to the consultation on the National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009

Carers Wales and the Wales Carers Alliance

About Carers Wales and the Wales Carers Alliance

Carers provide unpaid care by looking after an ill, frail or disabled family member, friend or partner. Carers give so much to society yet as a consequence of caring, they experience ill health, poverty and discrimination.

Carers Wales is a campaigning organisation of carers fighting to end this injustice. We want people to recognise the true value of carers’ contribution to society and carers get the practical, financial and emotional support they need.

Carers Wales provides the secretariat for the Wales Carers Alliance, a coalition of national voluntary sector organisations in Wales. The Alliance works together to push for the legislative, policy, resource and service framework that will properly provide support to carers in Wales. The members of the Alliance are detailed at the end of this paper.

Carers Wales and the Alliance work to improve the lives of the 350,000 + carers in Wales. Many of the key policy and legislative areas affecting carers in Wales are devolved matters.

90,000 carers in Wales look after someone for more than 50 hours a week. This group, in particular, faces many challenges in terms of their own health and well-being, in their need for effective social care services, and access to education, leisure and employment.  

Carers Wales and the Wales Carers Alliance wholeheartedly support the proposal to seek an LCO in relation to carers.

Comments on the specific questions to be addressed by the Committee

1. What are your views on the general principle that legislative competence in the area identified in Matter 15.9 be conferred on the Assembly?

The Wales Carers Alliance and Carers Wales wholeheartedly support the general principle that legislative competence is conferred to the Assembly to support the provision of care by carers and promote the well-being of carers.

We believe that there are a number of areas of public policy in relation to improving support for carers that require specific Welsh solutions. An immediate example is in relation to the NHS in Wales. We believe the powers contained within the LCO will enable the Assembly to do this through appropriate legislative Measures.

2. What are your views on the terms of the proposed Order e.g. are they too narrowly or broadly drawn?

We believe that the terms of the proposed Order are sufficiently broad to enable the Assembly to introduce a wide range of appropriate Measures to support carers and promote their well-being.

We regret that, in view of the social and economic penalties faced by carers, the Order does not explicitly cover promoting equality for carers. However, we believe that it would be possible to address issues of discrimination and disadvantage within the terms of the proposed order.

3. Is the definition of carer in the proposed Order appropriate?  If not, how should the proposed Order be redrafted and why?

We welcome the definition of carer in the proposed order and feel it is appropriate. It is sufficiently close to the definition of carer found in previous key carer legislation to avoid unnecessary confusion or misunderstanding but, significantly, does not contain an age restriction.  We believe this will ensure that the Assembly is able to legislate to support, protect and promote the well-being of children and young people with caring responsibilities as well as for older people.

4. Do you consider that the excepted Matters, relating to field 15, would have implications for the effectiveness of any future proposed Measures brought forward under Matter 15.9?  If so, please explain why.

 (Please Note:  The excepted Matters are referred to under the heading 'Social Welfare (field 15 of Part 1) on page 3 of the proposed Order. The Assembly has no power to legislate in relation to excepted Matters).

We do not believe that the excepted Matters, relating to field 15, have implications for the effectiveness of any proposed Measures brought forward under Matter 15.9.

We note however that, in the excepted matters, the Children’s Commissioner is included. We  would welcome re-assurance that this exception relates purely in terms of the office and would not restrict the Assembly’s ability to introduce measures to support and protect young carers.

Roz Williamson - Director of Carers Wales, Secretary to Wales Carers Alliance

Membership of the Wales Carers Alliance  2008 - 9

Age Concern Cymru
All Wales Forum of Parents & Carers of people with learning disabilities
Alzheimers Society
Care & Repair Cymru
Carers Wales
Christian Lewis Trust
Contact a Family Wales
Crossroads Wales
HAFAL
Learning Disability Wales
MS Society Cymru/Wales
National Autistic Society - Cymru
Parkinson’s Disease Society
Princess Royal Trust for Carers
SNAP Cymru
The Stroke Association