draft Public Guardian (Fees, etc.) (Amendment) regulations 2017

Debate between Lord Vaizey of Didcot and Phillip Lee

Tuesday 21st March 2017 General Committees

[Dr Lee]

Yes, there is a practical approach, but in those situations, other family members are often aware of such a directive and can access the website, but I am happy to look at further details.

[Mr Vaizey]

In my previous role as Minister for telecommunications, I was aware of how Government policy could have an impact on nuisance calls. Have the Government evaluated whether alerting people to the need to get a refund might encourage spurious companies to be set up to encourage people, by cold calling the vulnerable, to make such claims?

[Dr Lee]

My right hon. Friend makes a decent point. I take note of it and will pass it on to the relevant officials to ensure that such abuse does not ensue.

On timing and the 21 days, I was made aware of the issue shortly after becoming a Minister and we have been working extremely hard on finding the best way of putting in place a system for refunding when necessary. We have acted swiftly and I am not sure that the point about the 21 days is particularly relevant. The statutory instrument will come into force on 1 April, which means that it is unlikely that there will be 21 days between its making and coming into force. It is important for the lower fee to be brought into force as quickly as possible. In addition, the Department does not consider that the regulations significantly diminish rights, impose significantly more onerous new duties or require the adoption of different patterns of behaviour.

Clearly, there has been a rather basic error in the long-term projection analysis of demand in an ageing society. The accounting officer has reassured me that the forecasting model has been properly reviewed. Indeed, from now on, there will be an annual review of all the figures. The issue has arisen every year for four to five years and I have been reassured that that will not be the case in future.

My right hon. Friend the Member for Wantage and the right hon. Member for Birmingham, Edgbaston are right that communicating the change is important. We will do our very best to ensure that everyone knows that this has happened and that they can seek a refund when appropriate.

We have had an interesting debate. I thank members of the Committee for the points that have been made. The changes that the regulations introduce will bring about a welcome reduction in the fee for registering a power of attorney. I am sure we all agree that that is an important tool, of which we would encourage people to take advantage, while balancing that with the need to fund the important functions of the Public Guardian. I hope that the Committee will support the regulations.

Question put and agreed to.