House of Lords (Hereditary Peers) Bill

Debate between Lord Ashton of Hyde and Lord Garnier

Report stage
Wednesday 9th July 2025 Lords Chamber

[Lord Ashton of Hyde (Non-Afl)]

Exactly. The attorney under a lasting power of attorney has duties. If he or she was exercising that duty within the realm of the Act, they would be acting lawfully, and they would establish capacity using the advice that is contained in the code of practice. I beg to move.

[Lord Garnier (Con)]

My Lords, I will be brief because I cosigned and spoke to this amendment in Committee. The amendment seems to me to be bathed in common sense and one that this House should accept without question. It is a timely amendment that is also based in humanity. As I explained last time, there are two types of powers of attorney, but Section 1 of the 2014 Act does not seem to come within either of them. Therefore, to avoid the confusion that currently seems to be abroad, we should make that confusion go away by agreeing to my noble friend’s amendment.

We have heard something of what the Clerk of the Parliaments may or may not think, but, with the greatest respect to him, what he thinks is neither here nor there. This is a government Bill, and presumably the Government’s policy is not to permit this amendment. They must justify their refusal to accept the noble Lord’s amendment, and they cannot hide behind their lawyer or our clerk.

The simple point is: are we to be humane? Are we to allow those who have lost their capacity to be released from the burdens of membership of this House of Lords, or are we to leave them to hang on in some undignified way? My noble friend’s amendment is sensible, humane and timely, and I support it with great vigour.