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Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 3:"Page 1, line 8, leave out ““may”” and insert ““shall””" The noble Lord said: My Lords, we welcome government Amendments Nos. 4 and 5, which arose out of discussion in Grand Committee. The Government have certainly listened and ““good”” has been replaced by ““best””. However, ““may”” has not been replaced by ““shall””. If a commissioner may do something, that means it is at his discretion and he has a let out. If he ““shall””, ““will”” or ““must”” do something, that is far more positive and it is an affirmation of something that he is obliged to do. Some say that one cannot oblige the commissioner or put a duty on him, but we believe that we can. The appointment is so important and it means so much to many people. If someone ““may”” do something it means that perhaps or possibly he will do something. An elderly person may think that he or she ““may”” achieve redress or ““may””have a problem sorted out, but that is not what the Government are saying. They are sticking firmly to the word ““may”” and will not give us ““must”” or ““shall””. I suggest that the Government should consider this and say, ““Yes, we agree that it must be far more positive, far more affirmative and that ‘shall’ or ‘must’ will replace ‘may’””. I beg to move.