Digital Economy Bill

Baroness Finlay of Llandaff Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 6th February 2017 Lords Chamber

Moved by

[Baroness Finlay of Llandaff]

213D: After Clause 69, insert the following new Clause—
“Creation of a digital system for lasting power of attorney
(1) The Secretary of State must by regulations make provision for a fully digital process to apply for and create a lasting power of attorney, and for the verification by appropriate bodies of attorneys appointed under this process.(2) Regulations under subsection (1) may in particular—(a) provide for the use of secure electronic signatures in place of any requirements for physical signatures;(b) use electronic online methods to verify the identify of donors and proposed attorneys, either in conjunction with or in place of electronic or physical signatures;(c) require at least one other person to be notified automatically when an application is made;(d) permit in-depth checking of selected applications; (e) require the involvement of a solicitor in the application process;(f) create an offence of knowingly or recklessly providing false information in relation to an application for a lasting power of attorney, subject to a maximum penalty on summary conviction of a term of imprisonment not exceeding six months;(g) provide for appropriate bodies to use secure online methods to verify the identity of an attorney or donor; and(h) cover both health and welfare lasting power of attorney, and property and financial affairs lasting power of attorney.(3) Regulations under this section must be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

[Baroness Finlay of Llandaff (CB)]

My Lords I declare my interest as chair of the National Mental Capacity Forum, and in that role I have been working closely with the Office of the Public Guardian.

For some time the Public Guardian has wanted to move away from the wet signature requirement for the creation of lasting power of attorney for both health and welfare, and property and financial affairs decisions, as laid out in the Mental Capacity Act 2005. This amendment would allow that process to be purely electronic and carried out online, with the safeguards it outlines. A digital process should now be secure given the advances in technology since the original provision was made, and the amendment would simply allow the Secretary of State to make appropriate regulations rather than creating the process.

As the hour is late I am inclined to ask the Minister, if he has any reservations about this amendment and the powers it would give to the Secretary of State, to curtail the debate by meeting with me and the Public Guardian before Report. However, I am rather pre-empting the Minister’s decision. If he decides to accept my amendment, that would be just wonderful. I beg to move.

[Lord Keen of Elie]

My Lords, in view of the hour, it occurs to me that it would be appropriate to give a lengthy and detailed analysis of powers of attorney, and, indeed, to take us back to the Powers of Attorney Act 1971 and the subsequent developments of the law. Nevertheless, and despite the enthusiasm from the Opposition Benches, I am perfectly happy to accept the kind invitation advanced by the noble Baroness, Lady Finlay, and to meet with her to explain the Government’s position on this matter. I would be obliged if she could at this stage withdraw the amendment.

[Baroness Finlay of Llandaff]

My Lords, in light of the forthcoming meeting—which I am sure the Public Guardian will wish to join—I beg leave to withdraw the amendment.

Amendment 213D withdrawn.