Guardianship (Missing Persons) Bill

Christopher Chope Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 24th March 2017 Commons Chamber

[Philip Davies]

I have read the consultation, to which there were 40 responses, of which eight commented on the proposal that applications should be made only after 90 days. Some of the responses said that 90 days was too long—I accept that—but practical points on timing were made, including by the Finance and Leasing Association, which had concerns about the 90 days. The consultation response therefore states:

“We accept that the 90 day period may create problems in some cases, but are also conscious that over-hasty applications may result in unnecessary expenses being incurred.”

The period is 90 days and not 60 or 100, so I am seeking the rationale for 90 days. My hon. Friend was helpful in his intervention and has made it clear why he has gone for 90 days, and I am grateful to him for that.

As hon. Members can see, amendment 4 would reduce the maximum period of guardianship from four years to two years. Clause 7 sets out the period of guardianship and requests that the period for which the guardian is appointed be stated in the court order. The maximum possible is four years, and I propose to halve it. Again, I am trying to tease out from my hon. Friend why he believes four years is right, and why the period should not be longer or shorter. I can see the attractions of making it longer to avoid people having to go back time and again, given the cost of doing that. I was not sure whether the primary purpose was to avoid that or there was another rationale as to why four years was the appropriate time.

[Mr Christopher Chope (Christchurch) (Con)]

My concern arises from the same issue, and it is what happens when a missing person is found. That does not automatically negate the guardianship, as I would have hoped that it would, and is an argument for saying that the guardianship should be for a shorter period. Otherwise, as soon as somebody is found, the guardian will have to apply to the court to end the guardianship before they can again be treated as a normal person.

--- Later in debate ---

[Mr Gyimah]

I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on introducing the Bill to create the new legal status of guardian of the property and financial affairs of a missing person and on bringing it so far so quickly. The Government are committed to creating that new legal status and are pleased to support the Bill.

The proposals in the Bill have taken some time to evolve. It goes without saying that the Bill will not create a panacea for all the troubles and anguish caused by a sudden and unexplained disappearance; however, it will provide a clear, practical procedure for those left behind to use to find solutions to the financial problems they face. Putting one person in charge of another person’s property and affairs is a very significant step, but guardianship is not unique in that respect.

The Bill has been modelled in part on the provisions for the appointment of deputies in the Mental Capacity Act 2005. The guardian is, for example, to be treated as the agent of the missing person. I hope that businesses and other organisations can therefore relatively quickly adapt their systems to accommodate the new status and deal with guardians confidently.

[Mr Chope]

The Government have said that they will introduce the secondary legislation that the Bill requires within 12 months—in other words, by 2018. Will my hon. Friend please give that assurance to the House today from the Dispatch Box?

[Mr Gyimah]

I can assure the House that the Government support the Bill and that we will do everything in our power to introduce those regulations, so that they can come into force as soon as practicable.

Putting one person in charge of another person’s property and affairs is a significant step. As I have said, guardianship is not unique in that respect. The character and qualities of guardians will be critical. Guardians can therefore only be appointed by the court and can be held to account for their actions by individuals affected. They will also be subject to supervision by the Office of the Public Guardian. The detail of the supervisory regime will be worked out in secondary legislation and codes of practice, as is the case for deputies.

The key principle that the guardian must observe is that he or she must act in the best interests of the missing person. “Best interests” is defined in the Bill and may be further defined in regulations, but it does not simply mean preserving and protecting—and, where possible, augmenting—the assets of the missing person. That would certainly do some good—as against the return of the missing person—but would do nothing, until the missing person returned, for those left behind. The guardian is therefore able, subject to the tests in the Bill and the terms of the guardianship order, to use the missing person’s assets for the benefit of people whom, had he or she not disappeared, the missing person would probably have supported.

I acknowledge the unstinting efforts of the charity Missing People, which, along with its pro bono lawyers, Clifford Chance, has assisted the Ministry of Justice in preparing legislation. The Department is grateful to the charities Prisoners Abroad and Hostage UK, which have contributed to the Bill’s development. I thank my hon. Friend the Member for Thirsk and Malton for his hard work in steering the Bill thus far. I am grateful to all the families affected by disappearances who have shared their experiences in public to help to raise awareness of the need for reform and to Peter Lawrence in particular. As my hon. Friend said, in the letter of the law this is called the Guardianship (Missing Persons) Bill, but it will always be known as Claudia’s law.

The Bill has been a long time in getting to this stage. The all-party parliamentary group on runaway and missing children and adults called for legislation in 2011, and the then Government undertook in the cross-Government missing children and adults strategy, published that year, to consider whether legislation was required. I am delighted to commend the Bill to the House.

Question put and agreed to.

Bill accordingly read the Third time and passed.