Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 28:"Page 7, line 29, leave out ““may”” and insert ““must””" The noble Lord said: My Lords, I start from the standpoint that the guidance on best practice is potentially an enormous and important tool for the commissioner. It is my understanding of general law that the commissioner could issue a non-statutory code of practice without being empowered to do so in any Act of Parliament; it is an implied power. I am pleased that the guidance is to be issued on the exercise of a power in the Bill. I think that will help greatly to increase the legitimacy of the court but it would be an even greater enhancement if it was issued in pursuance of a duty. The impact of the guidance on best practice will be at least twofold. I envisage that it will set out in some detail the general principles and standards which the commissioner will endeavour to promote and facilitate in all parts of Wales, subject obviously to local circumstances, so that we can have the best possible service. Secondly, the guidance will be readily available to the elderly and to members of the public, who are entitled to know what standards of service should be available to them in their own community. Those two benefits, taken together, indicate the need for ““may”” to be replaced by ““must””. I beg to move.