Many people would define the word 'law' as meaning a principle or set of principles that guide and regulate actions and relations among people and organisations. Laws serve many purposes and functions in society but, basically, there are four major purposes: establishing standards, maintaining order, resolving disputes and protecting liberties and rights.

Different laws may serve more than one function and there are obviously more purposes than the four mentioned. The laws debated and enacted through parliament are intended to organise society with defined regulations for specific needs, allowing for amendments whenever required. It is our duty and right, as elected representatives, to propose bills for definite laws according to established and known policies, as approved in a general election.

This efficient and effective framework allows the government to function diligently in its endeavour to secure a fair society and protect the lives and liberties of citizens or those pertaining to particular sections of the population. The rule of law requires that people should be governed by accepted rules that are known and certain and are to apply equally to all individuals. In simpler terms, laws indicate the rules of fair conduct and foster a smoothly functioning social order. 

Human rights for the elderly

Last June, I moved the first reading in the House of Representatives for the appointment of a Commissioner for Elderly People. This was a sequel of this was the result of consultations with experts and stakeholders. I intend to ensure that the new law provides all the necessary legislative tools for the Office of the Commissioner to be a focal point to which the elderly can refer. The bill itself includes specific details for the Commissioner to promote all possible issues relating to the elderly.

Among other functions, the Commissioner will advocate and promote the human rights and interests of older people and the need to safeguard those rights and interests. The person appointed will also promote opportunities for the elderly, ensure the elimination of discrimination against the older members of our community and encourage best practices in their treatment. It will be under the commissioner's remit to monitor the adequacy and effectiveness of any legislation relating to or affecting the interests of older people, apart from advocating adequate support and services to their carers.

This week, a further step forward was taken in the House because we concluded debating the proposed bill in committee stage and will possibly see it through its final reading and approval next week. At the same time, my Parliamentary Secretariat is finalising arrangements to ensure the provision of the logistic and administrative support that the Commissioner will require in order to function.

Ensuring social inclusion

It will be the Commissioner's duty to monitor and examine the impact of any decision taken by any entity or authority on the human rights and interests of older people, as well as to promote the protection of these members of our society from any form of abuse or exploitation. While promoting the highest standards of health, education, leisure and recreational facilities and social services for the elderly in line with the approved standards in place, the Commissioner will also ensure that all possible measures are taken by the relevant authorities to prevent and address poverty, social exclusion and related issues among older people.

The bill also proposes that the Commissioner will ensure compliance with the United Nations Principles for Older People adopted by the UN's General Assembly on 16 December 1991, the Madrid International Plan of Action on Ageing adopted by the UN during the Second World Assembly on Ageing (8-12 April 2002) and with such other international treaties, conventions or agreements relating to older people as are or may be ratified or otherwise, acceded to by Malta. It is very interesting to note that the UN is currently debating whether there is a need for a specific convention relating to ageing and in this context and perspective, the office that we will be establishing is certainly indicative that Malta is being proactive in the ageing agenda, rather than merely reactive and simply following the lead of others.

As well as a national strategy for the elderly, in recent months we have already established national standards. We have also moved and approved a specific law against all kinds of abuse in respect of older people and are also proposing that the Commissioner may issue guidelines on best practice in connection with any matter relating to the interests of older people and in so doing may hold any consultation that may be required.

Laws strengthen our commitment

In line with this government's commitment to build a fair society, the bill will guide and empower the Commissioner to act in the best interests of older people and give paramount importance to the notion that older people should be treated fairly, with dignity and respect. This will also ensure that older people with disability or having disadvantaged social circumstances should enjoy the same quality of life as all other older people. Another duty will imply that older persons and their families are to be provided with opportunities to participate in decisions that affect them and in defining and planning services to the elderly. 

The concept of shared responsibility will also be defined in this bill, namely that the government, families and communities are to share responsibility for the development and well-being of the elderly. In order to ensure this, the Commissioner will provide information designed to promote an understanding of the human rights of older people. In view of this, the Commissioner's office will be empowered to initiate measures for asserting older people's interests and investigate any alleged breaches and/or potential infringements of their human rights. It will also set standards for Ministries, Departments or agencies to ensure that internal review processes are responsive to complaints about decisions concerning the provision of designated services to older people. 

Accessible and inclusive

The bill will also authorise the Commissioner to collect data on matters relevant to services for the elderly and conduct or encourage research into such data. The office will also ensure that services intended for older people are accessible, inclusive of gender, disability, culture, language, and sexual orientation, and responsive to individual needs. Further duties will include the monitoring and assessment of the policies and practices of social welfare services affecting the elderly, while ensuring that legislation relating to the protection of their interests is observed.

The Commissioner will basically act as a spokesperson for the human rights, needs and interests of older people and make proposals for measures that can resolve or prevent conflicts between them and society at large.

The bill therefore covers the four purposes listed earlier, as it establishes standards, maintains order, resolves disputes and protects liberties and rights in everything involving the elderly. Establishing the office of the Commissioner for the Elderly through a specific law will further strengthen all the logistical and administrative initiatives taken by my Secretariat in the day-to-day execution of our duties. It will not only provide the necessary checks and balances to this government as a whole in the field of the elderly, but also adds moral assurance to the older community, their families and all those who are engaged in their care and support.

It is to my enormous personal satisfaction that this well-intended bill received unanimous support that supersedes all the inexpensive good wishes and flowery language of empathy for the older members of our communities in Malta and Gozo.