Powers of Attorney Bill

Debate between Gagan Mohindra and Nickie Aiken

3rd reading
Friday 17th March 2023 Commons Chamber

[Nickie Aiken]

My hon. Friend is absolutely right to highlight those issues regarding the digitalisation of the whole process. We all know that Governments, no matter their political persuasion, do not always have the greatest record in improving digitalisation of this kind, so I look forward to hearing from the Minister on that point. As we all know, he is an able Minister, so I am sure that he is already ahead of the game and knows exactly what he is doing to improve the speed of that digitalisation while keeping it within budget.

The premium on accessibility will be absolutely key for people who are not too familiar with the internet; given that 25% of over-65s do not use the internet, that is a point that we have to make, though as we get older, we are more used to using the internet. A woman who is in her 50s, like I am, is very used to using the internet now. [Hon. Members: “Never!”] I thank my hon. Friends for their kind comments. Likewise, any approach to a multi-channel system needs to work just as efficiently as the digital option.

[Mr Mohindra]

My hon. Friend is making a valuable contribution, as she always does. Does she share my concerns that if people who are not necessarily technology-advanced are seeking support in getting their applications through, there need to be relevant safeguards in place to ensure that those people are not being manipulated, as they would not necessarily have been if the system was purely a paper one?

[Nickie Aiken]

My hon. Friend makes a key point. The Ministry of Justice might want to look at what public-sector organisations, such as libraries and local authorities, can do to help support people—possibly older or more vulnerable people—who are not au fait with using the internet. That may be something for the Minister to consider eventually as this process continues.

However, I welcome the Bill and what it sets out to achieve. It is tough, and often heartbreaking, when loved ones lose the ability to make their own decisions as a result of mental incapacity. As such, a lasting power of attorney is one of the most important legal documents a person will make, so we need to get the legislation right. I will take this opportunity to provide my own experience with lasting power of attorney. I am the lasting power of attorney for my father and mother. I did that six years ago when my father was diagnosed with Alzheimer’s and it became obvious that he would not have the mental capacity to make decisions for himself as the condition progressed. At a point when he still had the capacity, we organised lasting powers of attorney on health and on the financial side. It is important to make the point that lasting power of attorney is so important in both areas—the financial side and health.

[Nickie Aiken]

I thank my hon. Friend for his comments. We went through our family solicitor, who is somebody that we trust and who knew the family. My hon. Friend is absolutely right that the process can be long, and, when not using a solicitor, it can be quite unnerving for some people. It is such a massive and important document. From my own experience, when it came to the end of my father’s life, and there had to be major decisions made on whether to continue his treatment, the fact that I had the final say ensured that the family knew that we were making the decision for my father in his best interests. It was not left to medical professionals. I would absolutely trust a doctor or a medical professional to make that decision, but having the health power of attorney meant that I made the decision on his behalf.

[Mr Mohindra]

My hon. Friend continues to amaze me with the quality of her speech and the points she makes. Does she agree with me that the fact we are discussing what some families may regard as a taboo subject, in this great Chamber, will hopefully give families up and down the country the confidence to start those conversations? As a result, if and when they need power of attorney, those difficult decisions and discussions will have happened well in advance.

[Nickie Aiken]

Again, my hon. Friend is absolutely right. I say to people in this House, and across the country, “Have the conversation now.” Having looked at the Bill and written my speech, I am going to have the conversation with my husband. We never know what is around the corner. I want to ensure that, if anything happened to me, my husband has the lasting power of attorney so that he can make the decisions both financially and for the benefit of my health—and vice versa.

That is what I learnt through the process with my father. When he sadly died last May, because I had the lasting power of attorney for the financial side I could help my mother with all the finances, which made it an easier transition. She had never had to do any financial planning or management in the household; it was always down to my dad. I could work with the insurance companies, the banks and the pension providers. It was a fairly seamless transition. One of the positives from the pandemic is that many pension providers and insurance companies will now accept the death certificate via email, so people do not have to keep posting so many copies of the death certificate. I hope the digitisation of the lasting power of attorney will have similar success in making the transition easier when people have to provide information to whoever they are dealing with on behalf of their loved one.

Planning (Enforcement) Bill

Debate between Gagan Mohindra and Nickie Aiken

Friday 19th November 2021 Commons Chamber

[Mr Mohindra]

I thank my hon. Friend for his invaluable contribution, as always. I support the Bill so that we can advance the discussion around our responsibility to protect our green-belt land—and our green spaces; sorry, I should broaden that out—from development, and preserve it for our constituents and for the environment to enjoy for generations to come.

We need to review what we as legislators can do to help to protect the green belt. As well as reviewing the penalties for violating the law, it is vital that we encourage sustainable development and make use of the brownfield sites that we have. I believe that providing incentives to developers who repurpose brownfield land, instead of seeking to build on our green belt, would potentially be beneficial in helping us achieve that.

As many Members will know, I also chair the all-party group on regeneration and development. Having been both a property developer previously and now a politician, I am fully aware of the need for a collaborative approach between developers and politicians to find solutions to this issue. I know that property development is a very emotive issue and that developers are seen as working against those aiming to protect the green belt. That is not always the case, so we should not taint all the developers with the broad brush used for those, unfortunately, who know and play the system.

We know that in this country there is a housing shortage and that we must build new, affordable homes. However, as I and many colleagues have mentioned, that must not come at the cost of our green belt. I have not yet had a chance in the Chamber to welcome the new Secretary of State for Levelling Up, Housing and Communities, or, indeed, the Minister on the Front Bench today, to their roles, but I know that they are already working hard on ways that we can provide the housing we need while protecting our vital green belt.

[Nickie Aiken (Cities of London and Westminster) (Con)]

My hon. Friend is absolutely right about protecting the green belt and I welcome the Bill that my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) is promoting. However, is my hon. Friend the Member for South West Hertfordshire (Mr Mohindra) shocked, as I am, that although the Liberal Democrats have constantly berated the Government for trying to destroy the green belt and for not building enough housing, today, when we are debating this very important issue that concerns so many of our constituents, there is not a single Liberal Democrat MP in this Chamber? It is, in fact, the Conservative Government and Conservative Members who are so determined to build more homes and protect the green belt.

[Mr Mohindra]

My hon. Friend makes an excellent point. I would have made a comment in my speech if Liberal Democrat Members had been in their place, but as we Conservative Members all know, we are a bit fairer. However, I will report back to my neighbouring Liberal Democrat Members that we would have appreciated hearing their views in this place, not just on social media and in local press releases.