Government Whip Godfrey Farrugia has told Parliament that the Bill on the Commissioner for Older Persons lacks a system of checks and balances, with the administrative, regulatory and quasi-judiciary powers all vested in the same person.

Speaking during the debate in second reading of the Bill on Wednesday, Dr Farrugia said there did not seem to be a chain of responsibility or power. It would be the commissioner who would be administrating, setting standards and seeing that these are followed.

Moreover, he would be vested with the power to investigate, indict and hear cases.

At face value, many of the concepts of the Bill had been lifted from the Mental Health Act, he said, the only difference being that, whereas the Commissioner for Mental Health reports to the Health Minister, the Commissioner for Older Persons is totally independent and reports to the House Social Affairs Committee.

The same goes for the Council for Older Persons, which could only have a “cosmetic role”. Meeting every quarter, this council is tasked with “assisting” the commissioner. Over and above, its membership could increase, even double, according to exigencies.

Issues relating to inheritance should be dealt with by the courts and not by the commissioner

Dr Farrugia said that when it came to voting on decisions, this could undermine the council’s autonomy.

He praised the initiative to separate the functions of the Commissioner for the Elderly from those of the Commissioner for Mental Health. But grey areas remained, and he proposed that psycho-geriatric and dementia patients become the responsibility of the Commissioner for the Elderly.

He also called on the government to launch the national minimum standards for public and private residences for the elderly, which would speak about privacy and dignity, proper facilities, accommodation and hygiene, the availability of staff and contact with the community.

It was the Labour government’s policy to sustain older persons and promote their well-being so they could stay in the community and not seek entry into homes for the elderly.

In 2013 the government had found a waiting list of 1,200 applicants for homes together with an annual demand of 300 others seeking hospitalisation.

The Health and Family Ministry had worked to solve this problem. The government was the major supplier to private homes under the system of renting out beds to meet demand.

Dr Farrugia also called for a re-definition of the term “older person”. He argued that such persons should be 60 years of age or more.

Drawing on his experience as a general practitioner, Dr Farrugia cautioned that issues relating to inheritance should be dealt with by the courts and not by the commissioner.

Concluding, Dr Farrugia said the commissioner should be “the champion of the elderly” by guaranteeing the best practices.