Lasting Power of Attorney

Fabian Hamilton Excerpts

Tuesday 28th October 2025 Westminster Hall

[Valerie Vaz (in the Chair)]

I remind Members that they may make a speech only with prior permission from the Member in charge of the debate and the Minister. As is the convention for a 30-minute debate, there will not be an opportunity for the Member in charge to wind up.

[Fabian Hamilton (Leeds North East) (Lab)]

I beg to move,

That this House has considered lasting power of attorney.

Thank you for that introduction, Ms Vaz; it is a pleasure to speak this afternoon under your chairship. This debate has been secured at an extremely important time, as lasting powers of attorney continue to be granted across the country. Although it is clear that the vast majority of attorneys act in the best interests of the donor, there is still considerable abuse among the very small minority who do not.

Since the campaign, in which I have been involved, to end the abuse of lasting powers of attorney began, I have received hundreds of testimonies from across the country in respect of vulnerable people who have had their funds stolen or used for purposes not in the interests of the donor. Most of the campaign’s focus has been on the abilities of the Office of the Public Guardian and the implementation of its powers, but it is important to look at the root cause of the abuses and why they are able to occur in the first place.

The abuse often begins following interactions with banks. There is no getting away from the fact that the digitisation of lasting powers of attorney processes has opened the door to abuse from a very small minority of unscrupulous individuals who have taken advantage of the ease with which an attorney can gain access to a donor’s bank accounts. The lack of legislation and duties placed on banks has resulted in an uneven implementation of safeguarding when it comes to lasting powers of attorney. That is why our campaign has called for the implementation of Government-regulated safeguarding procedures for all banks in how they deal with LPAs and the accounts of donors.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for all his hard work in the House. I do not think anybody in this House is not impressed by his dedication, interests and commitment, and this debate is another example.

In Northern Ireland, the enduring power of attorney is a legal document that lets us choose someone to make decisions about our property and financial affairs if we lose mental capacity. Unlike in England and Wales, there is no equivalent of the lasting power of attorney for health and welfare in Northern Ireland. Instead, a separate process is available, through the Royal Courts of Justice, to appoint a controller if no EPA exists. Does the hon. Gentleman agree that the processes both here and back home must be streamlined and accessible, while still ensuring that safeguards are in place to protect people from the abuse of power?

[Fabian Hamilton]

The hon. Member will hear later in my speech how I intend to address the issue of safeguarding, which is one of the most important parts of the process. Let us be clear that, as I said, the vast majority of lasting powers of attorney have no difficulty, problems or issues whatsoever. We need to concentrate our efforts on the small minority who cause the grief, in respect of whom people need to be safeguarded from abuse.

The Government-regulated safeguarding procedures that I mentioned, in respect of all banks in dealing with LPAs and the accounts of donors, would include a requirement to contact the donor or a GP before an LPA is activated, and the monitoring of spending prior to and after its activation.

I am afraid abuse is rife in a small minority of cases, and the recorded increases do not scratch the surface, given that most cases are undetected, not thoroughly investigated and not reported as often as they should be. The Office of the Public Guardian’s annual report made that clear last year. For example, there has been a 6.5% increase in the number of concerns about abuse raised with the OPG, but a slight decrease, from 34.5% to 33.9%, in the proportion leading to a full investigation. That change might seem small, but a lot of people are affected, and every individual concerned has a family, relatives and friends who are deeply concerned.

Two weeks ago, alongside UK Finance, I hosted a roundtable for banks that administer lasting powers of attorney. They verified that the figures cited have been seen in their work on vulnerability, with the OPG admitting that approximately 65% of potential financial abuses are being disregarded simply because the donor is deemed to have capacity. Let us be clear: someone may have capacity, but that does not mean that they cannot be coerced or financially abused.

[Alex Easton (North Down) (Ind)]

In the light of the projection that 1.4 million people will be living with dementia in the UK in 2040, does the hon. Member agree that we need sufficient safeguards to protect vulnerable people?

[Fabian Hamilton]

With the increase in dementia and with Alzheimer’s projected to rise incrementally, the hon. Gentleman is right that safeguarding needs to be far tighter. I will come on to say what I think that would involve.

At our meeting, several banks highlighted clear failings in safeguarding procedures and investigations by the Office of the Public Guardian. Given that the OPG will not investigate any case in which the donor is deemed to have capacity, and that it has no powers to access the financial records of attorneys, investigations are toothless at best. The banks then face a back and forth with the OPG, as both urge the other to investigate what they claim to be a “civil matter”. Banks regularly ask the OPG whether they should act on an account that is under investigation, but are told it is up to them to decide whether to do so. That begs the question: “What is the purpose of the OPG and why does it lack the powers to act?”

One of the banks raised the example of a single individual to whom tens of LPAs were registered, but UK Finance was not aware, so no investigations took place until concerns were raised and a bank conducted a vulnerability check on the donor, by which time it was too late and the individual had already gathered the funds of several people. That case is sadly not an isolated incident.

[Chris Bloore (Redditch) (Lab)]

I thank my hon. Friend for his dedicated work on this subject. Does he agree that, given that over 6 million people in the UK hold lasting power of attorney agreements, mandatory safeguarding procedures for all Government staff who handle LPAs, alongside clear guidance for banks, is essential to protect vulnerable people and communities such as mine in Redditch?

[Fabian Hamilton]

My hon. Friend is absolutely right, and that is what the campaign has been arguing for since it began. The publicity given to the cases that I raised on the Floor of the House last November, when I introduced my ten-minute rule Bill, led to a large number of people bringing forward cases from up and down the country, often through their local MPs, asking to be added to the list of abuses. In total, the number of abuses may not amount to more than a fraction of a percentage of the total number of LPAs granted; nevertheless, my hon. Friend mentioned 6 million people, and I believe it is more like 8 million, and a small percentage of 8 million is still an enormous number of people.

The issues go much further. Whistleblowers at the OPG have told me that no potential attorney is ever vetted, and that it is extremely easy to walk away with a signed document stating that someone is the attorney. Let me repeat that: no attorney is ever vetted. That is rather worrying. There is evidence of abusers producing fake religious documents to help them to claim they are married to people who are decades older than they are and who clearly lack capacity. Technically, that is still not against the law so, despite it being utterly immoral, there is very little that the OPG can do about it.

As I have said, hundreds of cases of potential abuse have been raised with me since I introduced the Powers of Attorney Bill to Parliament last November. I will highlight some more of them now, in addition to the cases I raised last year. Azhar Hayat lost his life savings as a donor through the granting of a lasting power of attorney. An alleged investment of £126,000 was transferred to his attorney, with most of the funds going directly into a company of which the attorney was the sole director. Mr Hayat’s funds were then converted into shares in the attorney’s name, and he subsequently lost everything in one fell swoop. In the same year, the attorney closed the company, leaving with all the funds. That has left Mr Hayat having to seek an order for the sale of his own home in order to survive financially.

The OPG took over four months to terminate the LPA, and by then, as ever, it was too late. It was only after an intervention from his Member of Parliament that Mr Hayat was able to seek to recover funds via insolvency. I am afraid that route failed, so he did not recover any of those funds.

[Rachel Gilmour (Tiverton and Minehead) (LD)]

Minehead has a very large elderly and deprived population. Could we, as Members of Parliament, help the hon. Gentleman in his best endeavours by encouraging our constituents, particularly if we live in or represent constituencies with large elderly populations, to come forward and talk to us as their MPs, so that we can pass on their representations to him, because he is doing an excellent job?

--- Later in debate ---

[Fabian Hamilton]

Yes, indeed. My constituency office in Leeds North East is trying to compile a list of all the cases that have come to us. Every one of them is different but they all have a common theme: unscrupulous individuals who have taken advantage of a lasting power of attorney in order to gain the donor’s funds as quickly as possible for their own nefarious purposes. That tragedy is part of the ongoing trend of the abuse of older people, which we have to stop. As parliamentarians, we have a duty to do just that.

Another victim, Nicola, wrote to me to outline her family’s tragic case. Nicola is not alone when she describes the interaction between banks and prospective attorneys as “a tick box exercise”. In her case, the bank’s representative queried a change to the power of attorney that had occurred a few months earlier. The bank asked only for an affidavit from the solicitor to ensure the capacity of the donor. Later, however, court evidence showed that the solicitor had a conflict of interest in respect of the subject and their business manager.

Around the time of the bank’s involvement, the donor had received a diagnosis of Alzheimer’s disease, which had been confirmed by a CT scan nine months earlier. The donor’s deteriorating health was clear, with the LPA activated on health grounds having been actioned a year earlier. The LPA for finance was invoked following the specialist diagnosis. The donor was isolated, away from her brother, whom she had originally appointed as the attorney to protect her interests. The solicitor removed the safeguard of unanimity without advising her brother until months later, when it was far too late.

[Tessa Munt (Wells and Mendip Hills) (LD)]

I understood that someone could execute a power of attorney only if they had capacity, so if there had been a diagnosis of Alzheimer’s, that would not have been possible. Am I incorrect?

[Fabian Hamilton]

No, the hon. Lady is not incorrect, but an LPA can be executed in advance of any potential diagnosis. When somebody starts to feel that they are losing the capacity to make financial decisions or decisions about their future health, they can execute the lasting power of attorney to be implemented or actioned once the diagnosis is made or capacity is lost completely or irreversibly. That is my understanding, but I am sure the Minister will correct me if I am wrong.

The brother was then removed as an attorney two months later when he challenged the withholding of the donor’s income and clawing back of historical expenses. He was replaced by the donor’s accountant.

Nicola told me:

“The donor in this case had a long standing history with the bank both in her personal and business capacity. The bank would have been aware of the manager taking over the management of her personal banking affairs going back years. This may have started as a convenience for the donor, but later became a necessity.”

That partly answers the hon. Lady’s question. Nicola went on:

“This casual arrangement apparently accepted by the bank allowed financial abuse to follow.”

Obviously, in that case, the Office of the Public Guardian did not have a role, although it will later in the story. The business manager and the accountant both admitted in court that they had withheld income from the subject for the preceding year and continued to withhold income until the donor’s death seven years later.

Nicola has rightly called for banks to have annual face-to-face meetings with their elderly clients to establish their ability to manage their affairs on their own without outside influence. Any changes to LPA documents and wills within a year of a diagnosis of a cognitive illness, such as dementia, should also be treated with caution and investigated thoroughly before they are granted.

There is also serious anxiety about this issue within the industry. I have spoken to sources in the Office of the Public Guardian and trading standards who highlighted their concerns regarding the lack of the use of powers and the systemic failure to protect people. An officer with more than 30 years’ experience in trading standards told me that they are seeing the numbers of this type of abuse climb to levels they have never seen before, but they can never prosecute because of the lack of assistance from the OPG.

Furthermore, the officer had suspicions that a certificate provider was selling LPAs for far more than the usual registration fee, but when the evidence started to mount, the OPG and the Competition and Markets Authority failed to provide the crucial information needed to prosecute. I would be keen for the Minister to look into what steps are taken to verify that a certificate provider is genuine and not making profits from its work.

Another experienced officer from the Office of the Public Guardian told me about their utter frustration at the processes. They cited a four-month backlog that is allowing abuse to continue. In a lot of cases, that gives the abuser ample time to move money around to escape justice. When grounds-to-investigate processes begin, they are not acted on for weeks, with timeframes set for investigations only after that has taken place.

OPG staff say that since the introduction of digital applications for LPAs, demand for investigations has increased. They suggested that best practice is for the Court of Protection to give consent if the donor has lost capacity and the attorney wants to gift a substantial amount of money. However, that is being applied inconsistently among banks as there are no regulations that ensure they follow it through, and banks are simply taking an attorney’s word that a donor has lost capacity.

A staff member pointed to declining morale at the OPG because of the rise in cases, with little to no safeguarding training. They even expressed concern about the dehumanisation of the people they deal with. These are some of the most vulnerable people in the country, and some are clearly being coerced or abused.

Members of this House have previously looked closely at the lasting power of attorney. In 2004, the Health Committee endorsed the recommendations of the Joint Committee on the draft Mental Incapacity Bill relating to the lasting power of attorney. It recommended that there be clarification of the extent and limitation of an attorney’s powers, as well as adequate guidance and training for donors; that there be further guidance to warn donors of the potential for conflict; and that an additional safeguard be included in codes of practice as a mechanism by which the Court of Protection or the public guardian could monitor the use of LPAs with a view to preventing the abuse and exploitation of an attorney’s powers. It also recommended that an express duty of care should be incorporated into law for attorneys acting under an LPA, in that a greater degree of accountability should be required, with specific requirements in the form of a standard of conduct that should be included in the codes of practice. Attorneys should also be under an obligation to notify the donor, the bank and the public guardian that the donor lacks capacity, or is losing capacity, thereby putting that information on the public record and opening it up to challenge.

I thank the Minister for meeting me earlier this year following the introduction of my Bill. I know that she takes these issues extremely seriously, and I am pleased to see her in her place. I am also grateful to the victim-survivors of this horrendous financial abuse who shared their stories with me. Each story has similar patterns, but each has its own victim who is often coerced and robbed of their life savings and assets.

Finally, I am struck by the commitment of those who have reached out to me. Ending this injustice for other families and vulnerable people is their driving force, and I cannot commend them enough for their selfless and committed campaigning on an issue that could impact any single one of us. I look forward to the Minister’s comments.

Oral Answers to Questions

Fabian Hamilton Excerpts

Tuesday 26th March 2024 Commons Chamber

[Alex Chalk]

Absolutely. Importantly, we are rolling out a prison education service, with a considerable sum of money—about £150 million a year, which is significant. However, it is critical to have tie-up between the local employment advisory boards, liaising with the governor, and the New Futures Network to ensure that the education provided is tailored to the jobs on the outside. People are being assisted with literacy, for example, so that they can do jobs in hospitality, kitchens or horticulture. Education works when it is tailored to job opportunities on the outside. That is how we get prisoners motivated and engaged—and yes, I am happy to engage in the way that the hon. Member proposes.

[Fabian Hamilton (Leeds North East) (Lab)]

4. What steps he is taking to prevent the potential abuse of lasting power of attorney agreements.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

When an LPA application is submitted, there is a statutory four-week waiting period before the LPA can be registered, during which objections can be lodged. As for registered LPAs, any concerns about an attorney abusing one can be reported to the Office of the Public Guardian, which will investigate. As part of the modernisation of LPAs following the passage of the Powers of Attorney Act 2023, new identity verification processes will be introduced to further strengthen the system.

[Fabian Hamilton]

More than 6 million people in Britain have lasting power of attorney agreements. I have been inundated recently with so many harrowing stories from across the country of abusers targeting elderly people and stealing their estate from under their nose. Will the Minister ensure that a proper medical assessment is carried out before an LPA is activated, and that the digitisation of LPAs does not lead to families losing their loved one’s estate to unscrupulous abusers?

[Mike Freer]

The hon. Gentleman makes a good point, and I am more than happy to take that away and write to him about the steps we take to ensure that that level of check is in place. I reassure the House that people can check the “use a lasting power of attorney” service on gov.uk to see where LPAs have been issued, and whether one has been issued without their knowledge.

Cycling Fatalities: Ian Winterburn

Fabian Hamilton Excerpts

Thursday 21st December 2017 Commons Chamber

[Fabian Hamilton (Leeds North East) (Lab)]

This debate is the last parliamentary business before the recess and, indeed, the last business of the year, but it nevertheless deals with an issue that is of great seriousness and grave concern to my constituents and to many others, given the number of people who have been injured or killed when cycling on our roads.

On 12 December last year, 58-year-old Ian Winterburn was cycling to work at 7.30 am, as he did every day. Ian was a keen and regular cyclist. As usual, he was wearing his cyclist’s high-visibility jacket, and all his bike lights were on. He always wore a cycling helmet. As he was passing the junction of Whitkirk Lane on the A6120 ring road in Halton, Leeds, a silver Skoda Fabia was signalling to turn right, but instead of waiting for Ian to cycle past, the driver went straight into him, knocking him off his bike and fatally injuring him. She claimed that she had not seen him. After 10 days in a coma, Ian died from his injuries on 22 December.

Cyclist Charlie Alliston was famously sentenced to 18 months in prison recently for fatally injuring pedestrian Mrs Briggs in one of two such fatal accidents last year, yet any more cyclists have been killed or badly injured by cars during the same period. Alliston’s case justifiably received plenty of media coverage, but shocking deaths such as that of Ian Winterburn scarcely receive any, and public anger towards cyclists is now at an all-time high.

The 51-year-old driver of the Skoda that killed Ian was sentenced on 20 October by Leeds magistrates court for causing death by careless driving.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I congratulate my hon. Friend on initiating the debate. I co-chair the all-party parliamentary group on cycling, and I commend to him one of the recommendations of our report on justice for cyclists. We asked the Government to address

“Confusion and overlap between ‘careless’ and ‘dangerous’ driving”

in such cases.

[Fabian Hamilton]

I shall deal with the issue of careless versus dangerous driving and the different penalties involved. Indeed, I shall refer to the all-party parliamentary group that my hon. Friend so ably chairs, and of which I am currently the treasurer.

The driver of the Skoda was given a four-month prison sentence suspended for two years, a £200 fine, 200 hours of community service and a two-year driving ban. Her licence had been suspended previously for 14 months for drink-driving.

One of the most shocking aspects of this tragic case—apart from the loss of a much-loved husband, father and teacher—is the way that the family have been treated by the various authorities involved in dealing with the terrible and totally avoidable loss of such a valuable life. Ian Winterburn was hit at 7.30 am that day, but the West Yorkshire police crash investigation team did not arrive at the scene for more than an hour.

The police and the Crown Prosecution Service believed that the driver did not adequately defrost her car windscreen before setting off from her home nearby. There was circumstantial evidence to support that, as her windscreen wipers and car heating were on full power although it was a dry day. However, because the crash investigation team took so long to arrive, they could not confirm the state of the windscreen at the time of the accident. Of course, had they arrived sooner, there could have been proof that the windscreen was not properly de-iced. The driver would then have faced a charge of causing death by dangerous driving, which carries a considerably higher sentence on conviction than the lesser charge of death by careless driving.

There is only one crash team for the whole of West Yorkshire, an area with a population of 2.3 million. The family have asked a number of pertinent questions about that issue alone. They asked, for example, why there was only one crash team for such a large area, how many people were in that team, how many crash investigations they investigated each week and where the team was based.

It took more than three hours for the police to contact Mrs Winterburn that day to inform her about the collision. When she asked why it had taken so long, the answer was that the crash team was too busy securing the crash site and collecting evidence, which was its main priority, and that there were not enough staff to contact Mrs Winterburn earlier. As Members may imagine, this was extremely traumatic for Mrs Winterburn and her family and greatly added to the trauma they experienced upon hearing such terrible news.

But it gets worse. When the family arrived at the hospital, they spent a number of hours in the resuscitation unit, where no staff were available to keep them updated. Ian Winterburn was still wearing his cycling clothes, and it was to be another 16 hours before any member of staff gave the family information about the extent of Ian’s injuries, the prognosis or, indeed, the next steps in his treatment.

Let me move on now to the role of the coroner service. Although Ian died on 22 December, just one year ago tomorrow, it took until 10 January to obtain a death certificate. That was apparently because of a backlog over the Christmas and new year holidays, but it meant that Ian’s body had to be kept at the Leeds General Infirmary mortuary for two weeks before a funeral could take place. As Members may imagine, this added considerably to the stress and trauma suffered by the family. Presumably, people still die from unknown causes or accidents over holiday periods, and although everyone deserves holidays and time off, especially public servants, surely it is important that the coroner service does not close, except perhaps on Christmas day itself.

The Crown Prosecution Service told the family that the case against the driver who killed Ian was so serious that it would be heard in the Crown court and that they should not even attend the magistrates court hearing, which would be merely a formality and would only last for a few minutes. However, in the event, the driver was convicted, after two one-hour sessions, by the magistrates court, and no support whatsoever was given to the family.

No help was even offered to the family in the preparation of their victim statements, which of course they had little knowledge of how to prepare and no previous experience of writing. This further added to the anxiety felt by Ian’s close family, and made them lose faith in the whole criminal justice system. One of the pertinent questions asked by Ian’s daughter, my constituent Alex Wilks, who is here today, when she came to see me about her father’s death and her family’s treatment by the various authorities was, “Why is the most senior CPS lawyer in West Yorkshire only employed for two days a week?”

After the shock of the brief court case and what the family feels is the inadequate sentence for a driver who had previously been given a 14-month driving ban after a conviction for drink-driving, the family was told by the police that the coroner would now close the inquest because there had been a criminal conviction. A short while later, the coroner phoned Georgina, Ian’s widow, to tell her that there would still be an inquest and that a number of witnesses would attend it.

As we can imagine, this came as a huge shock to the family, and Alex, Ian’s daughter, rang West Yorkshire Victim Support to ask what the family should expect from the hearing, only to be told that it knew nothing about the hearing. The next day the coroner’s office rang Georgina to tell her that there had been a “mix-up” and that there would not be an inquest after all. No apology has ever been offered for the further upset caused to the family by this so-called “mix-up”.

Many Members will know that I am a keen cyclist, because I pester them every summer to donate to my annual charity bike ride, and I can often be seen arriving at the Palace of Westminster in my hideous, brightly coloured lycra on my carbon racing bike; indeed you, Mr Speaker, have generously seen me off on some of my cycling jaunts.

I am also an officer of the all-party group on cycling, which last July published a report on cycling and the justice system. We took a huge amount of evidence from cycling groups, lawyers, the police, the CPS, Transport for London, local authorities and many others. Among our conclusions were the following recommendations. The police must ensure that a higher standard of investigation is maintained in all cases where serious injury has resulted. That includes eyesight testing, mobile phone records and assessments of speed, drink and drug driving. We received many examples of the police failing to investigate properly, or even to interview witnesses or victims. Too often, weak investigations have undermined subsequent cases. I hope that the Minister will want to comment on this.

We also recommended that all police forces should ensure that evidence of common offences submitted by cyclists or other witnesses using bike-mounted or person-mounted cameras or smart phones should be put to use and not ignored. Too often, these bits of evidence are ignored. The confidence of cyclists that their safety is a priority for the police will be undermined if such evidence is dismissed and no action is taken. In some cases, just a written warning could be enough to change bad behaviour.

The length of time required by the police to serve a notice of intended prosecution for a road traffic offence is currently just 14 days, and that must be extended. That was one of our strong recommendations. We believe that that period is too short to enable cases to be adequately processed. In some cases, it could enable offenders to escape justice altogether.

We also said that there was confusion and overlap between careless and dangerous driving, a point echoed by my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), so bad driving often does not receive the level of punishment that the public feel it should. New offences introduced over the past few years have started to plug some of the gaps in the legislation, but many problems remain, particularly when cyclists are the victims. We believe that the Ministry of Justice should examine in more detail how these offences are being used, including the penalties available for offences of careless and dangerous driving.

The police and the CPS should ensure that victims and bereaved families are always kept adequately informed throughout the process of deciding charges. This is done in many cases, but we have heard of victims being ignored and informed only at a much later date that cases have been dropped or that guilty pleas for lesser offences have been accepted.

[Ruth Cadbury]

I am a member of the Justice Committee, and one of the issues that we have heard about—which applies not only to cases such as this one—is that the cutbacks in the Courts Service and the Ministry of Justice mean that there are fewer people to carry out these important administrative tasks. In too many cases, administrative failures mean that justice is not being served, either for the victims or for their families, because there are not enough people to make the kind of contact that is, as my hon. Friend says, so important at times like these.

[Fabian Hamilton]

Again, I thank my hon. Friend for her helpful intervention. I think that the first part of my speech clearly showed that the family of Ian Winterburn are just such a family. They had appallingly bad service from the CPS; they were not kept informed at all. They were given no assistance; there was no family support whatever. I do not know whether that was the result of cutbacks or of bad organisation and training. I think my hon. Friend probably knows more than I do about that, because she is a member of the Justice Committee, but I will leave it to the Minister to respond to that point.

The final recommendation in our report involves the fact that the number and length of driving bans appears to have declined, with a 62% fall in driver disqualifications over the past 10 years. That is double the fall in convictions for driving offences. Furthermore, very large numbers of drivers are escaping disqualification on reaching 12 points or more on their licence. The Ministry of Justice should examine the reasons behind the decline in the use of the penalty of disqualification and in particular the effect of the so-called exceptional hardship scheme.

I know that our report, which was published seven months after Ian Winterburn was killed, will ring many bells in the minds of his family, who still grieve for him every day. The family would like answers to a number of more specific questions, notwithstanding the recommendations I have just read out, so will the Minister answer the following questions? What is the current status of the review of guidelines for causing death by careless driving? Is a review even being carried out? Why do drivers who have caused death not face mandatory custodial sentences? How many complaints does the Ministry of Justice receive about the coroner service every year? What training is given to the coroner service staff? Who holds the coroner service to account? Is it the Ministry of Justice or is there any form of local accountability? When was the last review of the coroner service, and what were its findings? Finally, when will the coroner service website be improved to offer more and better information to grieving and unsupported families, which seems a simple, straightforward reform?

In conclusion, if we truly care about our environment and about the growing public health crisis, surely we must do far more to encourage cycling, both as a healthy activity and as a way to reduce carbon emissions and congestion, but tragedies such as the death of cyclist Ian Winterburn do nothing but discourage the public from cycling. We need to make cycling far easier and much, much safer, and part of that task is about ensuring that when terrible fatal accidents do occur, the appropriate administration of justice can be relied upon. We all need the assurance that cycling is a safe activity and a good way to move around our towns and cities for everyone who is capable of using a bike. Meaningful answers to and action from the Winterburn family’s pertinent questions, born out of tragedy and grief, would be a good start.

Arrests of Chinese Protesters

Fabian Hamilton Excerpts

Monday 26th October 2015 Commons Chamber

[Fabian Hamilton (Leeds North East) (Lab)]

(Urgent Question): To ask the Minister to make a statement on the arrests of three peaceful protesters during President Xi Jinping’s visit to London last week.

[The Minister for Policing, Crime and Criminal Justice (Mike Penning)]

Last week, there was a very successful visit of the President of the People’s Republic of China to the United Kingdom, hosted by Her Majesty. As is the case for all state visits, careful plans were put in place to ensure the safety and security of the visit. The Home Secretary was personally briefed on the policing plans by the Metropolitan Police Commissioner. The right of peaceful protest is guaranteed under UK law, with respect to a protester’s rights to express their views peacefully, and the policing plans therefore sought to facilitate peaceful protest. However, as part of last week’s policing operation three individuals were arrested. I understand, and it is public knowledge, that the Metropolitan police arrested individuals for breach of the peace and, subsequently, on suspicion of conspiracy to commit threatening behaviour. I understand that all three individuals have now been bailed to return to a London police station at a later date, while further investigations continue.

The operational policing of protests and the use of police powers are entirely matters for chief constables in the United Kingdom, and therefore it would be inappropriate for me to comment on specific individual cases. The right to protest peacefully is guaranteed under UK law, but protesters’ rights need to be balanced with the right of others to go about their business without fear of intimidation or serious disruption to the community. Rights to peaceful protest do not extend to violent, threatening behaviour, and the police have the powers to deal with such acts. The Metropolitan police issued a statement on this issue last week; they reject any suggestion that they acted inappropriately. They made it clear that throughout the visit they had sought to facilitate peaceful protest and ensured that all those who wished to do so were allowed to express their views. That is the fundamental British value of freedom of expression and association, which I am sure this House would continue to support.

I also remind this House that the system of policing complaints in this country is an independent one; under the procedures laid down in part 2 of the Police Reform Act 2002 to ensure that officers and staff can be answerable to the public, that process is there. However, a police investigation is going on and, frankly, politicians should stay out of that.

[Fabian Hamilton]

I thank the Minister for his statement. Right hon. and hon. Members from across the House will, I am sure, however, share my deep concern at the way in which Dr Shao Jiang, a former Chinese dissident and veteran of the Tiananmen Square protests of 1989, was arrested last Wednesday on the Mall and the fact that a short time later two Tibetan students, one of whom, Sonam Choden, was a British Citizen, were also arrested for attempting to display a Tibetan flag while the Chinese President’s cavalcade was passing the Mansion House. Dr Shao, who is now a British citizen, stepped out into the road while he was trying to display two A4-sized placards protesting against China’s human rights abuses when he was tackled to the ground by five Metropolitan police officers. This was shown on “Channel 4 News”. While the three protesters were being held in the cells in Bishopsgate, their homes were searched and their computers and iPads seized. Their mobile phones were also kept by the police. Does the Minister have any idea when their possessions will be returned? Will the confidentiality of the data on their computers be respected, as all three depend on their computers for work? Will he comment on why their homes were searched at night while they were in custody?

The three people arrested were told that any charges they may face will be decided on in early December. Does the Minister believe that that delay is justified? Is it acceptable to detain lawful protesters overnight in the cells? Finally, will the Minister comment on whether these arrests are related to last week’s visit of the Chinese President, Xi Jinping?

[Mike Penning]

There is an ongoing police investigation. Three people are on bail while it continues, and I will not jeopardise the case or any investigations by commenting further.