UK Parliament / Open data

Powers of Attorney Bill

I beg to move, That the Bill be now read the Third time.

I am delighted not only to take my Bill through its Third Reading but to be here on the auspicious occasion of the passing of the Hunting Trophies (Import Prohibition) Bill, which is an important and valuable piece of legislation. If I have had any small part to play in that, I am very grateful.

Let me begin by thanking the Public Bill Committee, which met on 1 March to consider the Bill in detail. It was absolutely fantastic to see so many of us share the same goal of making it easier for people to create a lasting power of attorney with better protections, and to put in place a more sustainable process for the Office of the Public Guardian. I am delighted to confirm that my Bill passed Committee stage unamended. I am hopeful that the spirit of cross-party support that has remained since Second Reading will continue throughout the process until the Bill passes.

As I have said before, I believe that a lasting power of attorney is an incredibly powerful and useful document. It lets someone choose people they trust to support them and make decisions for them if they lose the mental capacity to make their own decisions in future. I make no apology for repeating the point that I have made at previous stages of the Bill. Modernisation is no longer an option but a necessity. I was grateful for the support of my hon. Friends the Members for Bracknell (James Sunderland) and for Broadland (Jerome Mayhew) on that matter on Second Reading.

However, I am aware that some people have concerns about modernisation. Since my Bill was introduced on 15 June last year, I have met organisations that wished to discuss the importance of increasing accessibility while improving safeguards and, practically, the concerns about continued access to paper routes. The latter was also raised in Committee by my hon. Friend the Member for Darlington (Peter Gibson), and I would like to reassure everyone that I am aware that some people are unable to use a digital system and will continue to need a paper version. The new system facilitated by my Bill will provide for a paper route to create a lasting power of attorney. It will be updated with the safeguards that are mirrored in the digital version that the Bill will create.

My hon. Friend the Member for Devizes (Danny Kruger) reflected on Second Reading on the fact that as a society we are moving more and more towards cashless transactions. I do not wish to open up the debate about the future of cash, as that is for a separate day. For now, if we accept that more and more transactions are online and digital, concerns were raised about how that would affect the elderly and possibly lead to their abuse. Because of the importance of that, I repeat that the Bill provides for a paper channel to continue to be available. In fact, it will go further and introduce a fluid system in which donors, attorneys and others involved can use the channel, digital or paper, that best suits their skills, confidence and access.

I am also acutely aware of the need for protections against abuse, especially for older people who are the main group making LPAs. My Bill will enhance safeguards in multiple ways, for example with the improvements to the notifications and objections process; by restricting applications to the donor; and through the introduction of identity verification.

As the hon. Member for Stockton North (Alex Cunningham) mentioned on Second Reading, there is a burden on the Office of the Public Guardian because of the high volume of paper LPAs it processes. Combined with the effect of the pandemic, error rates due to confusing paper forms and logistical problems in the application process, that has resulted in a backlog. I am confident that the provisions in the Bill and the changes it will facilitate, such as automated checks, will build resilience into the process for the OPG. That should significantly reduce the chances of backlogs forming in the future.

The Bill includes provisions to enable chartered legal executives to certify copies of powers of attorney. I am grateful for the support in this House for that initiative. The legal services market has evolved over the last half century since the current legislation was introduced. The Bill will bring the process for certifying copies of a power of attorney in line with modern realities in legal service provision. Consumers will also benefit from the increase in choice in accessing those services, which will plug any current unmet demand.

I thank the Minister for his support during the passage of the Bill. I know he agrees with me that these changes are urgently needed, so that LPAs and powers of attorney can continue to provide the support that people need. As I said, these are powerful documents, and the Bill will help to improve their sustainability, reliability and access.

I would also like to extend my gratitude to those who have raised questions and points during this process and to all the external organisations that have expressed interest in and support for these measures. I hope my Bill continues to progress well once it passes to the other place, so that an improved system can be implemented and delivered for the benefit of those we serve as soon as possible.

12.15 pm

About this proceeding contribution

Reference

729 cc1122-3 

Session

2022-23

Chamber / Committee

House of Commons chamber
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