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NHS Redress Bill [HL]

moved, as an amendment to the Motion that this House do agree with the Commons in their Amendment No. 3, leave out ““agree”” and insert ““disagree and do propose the following amendment in lieu””— 3B: Clause 6, page 4, line 10, leave out ““subsections (3) and (4)”” and insert ““subsection (2B)”” The noble Earl said: My Lords, in moving Amendment No. 3A, I shall also speak to Amendment No. 7A. I thank the Minister for his explanation of the amendments. I realise that the points are fairly legally abstruse. I wrote to him only because I received advice that the drafting was questionable. I note what he has said. I interpret his words as meaning that, for practical purposes, the wording is clear. As he knows, one of the issues that I flagged up was that a court, if we are to judge by case law, could interpret the word ““may”” as ““shall””, because the power conveyed by the word ““may”” is fettered in the way that the Minister acknowledged. However, the Government and the Minister may be prepared to pay that price. I do not propose to press the point, and I will not press my amendment.