"My Lords, I am grateful to the noble Baroness the Leader of the House for coming up with and discussing this elegant solution, and for moving Amendment 1 and speaking to the consequential amendments, all of which I fully endorse. They will be much more comprehensive than my original amendment …..." Lord Ashton of Hyde - View Speech
"My Lords, in Committee, it was pretty much acknowledged that this amendment addressed a genuine problem and that the House as a whole would benefit from a solution. That problem, in a nutshell, is that the House of Lords Reform Act 2014 clearly states that a notice of resignation
"As far as I understand it, the Mental Capacity Act 2005 says that an attorney established under a lasting power of attorney must think about the code of practice within that Bill when they make decisions on the other person’s behalf, so they are under a duty to abide by …..." Lord Ashton of Hyde - View Speech
"Exactly. The attorney under a lasting power of attorney has duties. If he or she was exercising that duty within the realm of the Act, they would be acting lawfully, and they would establish capacity using the advice that is contained in the code of practice. I beg to move...." Lord Ashton of Hyde - View Speech
"My Lords, I thank everyone who spoke in this debate, including my co-signatories—a formidable legal team. I repeat my thanks to the Leader of the House, who spent a lot of time discussing this with me. I am very grateful for her offer to work further on this matter over …..." Lord Ashton of Hyde - View Speech
"There is still ping-pong. However, I accept what the noble Baroness the Leader of the House has said.
I am quite surprised there is such controversy about what I thought was a fairly common-sense amendment. We would like to get a solution that everyone could agree on. There is a …..." Lord Ashton of Hyde - View Speech
"I do not agree with that exactly. It would be perfectly possible to have discussions, even if it was in the Bill. Even if there are particular problems, once it is in the Bill it can be brought back at Third Reading...." Lord Ashton of Hyde - View Speech