Publication of Claimant Data in County Court Judgments

Peter Gibson Excerpts

Wednesday 14th June 2023 Westminster Hall

[Janet Daby (Lewisham East) (Lab)]

I beg to move,

That this House has considered the publication of claimant data in county court judgments.

I begin by informing the House that one of my first jobs as a young person, before attending university, was at the Mayor’s and City of London county court, as an administrative officer. During that time I handled many thousands of claims, so I bring some knowledge and experience to today’s debate.

Turning to the debate, I want to make it clear how easy the solution to this problem can be. My ask is simple and straightforward: will the Minister agree to rectifying an omission in the Register of Judgments, Orders and Fines Regulations 2005, so that claimant data is published? I am not asking the Government for funding, and there is no need for primary legislation. Instead, the issue I am raising today requires only a small adjustment, which will have a big impact, thereby underpinning the principles of justice, which are rightly celebrated in our country, tackling inequalities that are too often shouldered by those who have the least, and saving resources in our already stretched justice system.

[Peter Gibson (Darlington) (Con)]

The hon. Lady is making an excellent speech. I rise simply to express my full support for the proposed change for which she calls. This is a sensible tidying up of the legislation, and I urge the Minister to crack on.

[Janet Daby]

I thank the hon. Member, and I absolutely agree with him.

The regulations were created in 2005. They allow for the sharing of specific civil court information with the registrar. However, that information does not include the name of the claimant in a judgment. That means that a defendant can obtain every other piece of information they might need, but not the name of the claimant who took the judgment out against them. That is a problem for several reasons.

Our justice system is world renowned. One of its key principles is that individuals should know who is taking them to court. That is a fundamental principle of natural justice—one that I am proud to champion, and one that I hope the Minister is, too—so it is ludicrous to discover that defendants in these cases do not know who is taking them to court. Indeed, it seems unreasonable and unjust that the claimant’s name is not published in county court judgments, and it creates something of an unbalanced system. It goes against the fundamental principles of natural justice that underpin our justice system. Again, I hope the Minister shares that concern.

To look at this on a more practical level, the omission of claimant data can have negative consequences for some of the most financially vulnerable in our society—for example, those wishing to settle and repay debts, or to come to an agreement with their creditor, who are unable to obtain the information they need about who is pursuing a claim. Instead, they must embark on the lengthy and convoluted process of seeking the judgment case number, via TrustOnline, and then making phone calls or writing letters to the courts to access claimant information.

The average waiting time for income inquiries to the courts often peaks at approximately one hour. That makes it likely that individuals will have to make repeated attempts to reach the courts, which further swells an already bursting administrative system. These delays in getting their calls or correspondence answered put individuals at risk of passing the 30-day window that they are given to settle their debt. If they miss the 30-day deadline, the judgment can be left to sit on their credit file for up to six years, at which point people will no longer be eligible for mortgages and may have further rent applications rejected, and insurance policies may lapse. That creates many problems.

Publishing claimant data would eliminate that. It supports both the claimant and defendant by making it easier to settle their debt, and it gets rid of an unnecessary layer of bureaucracy, which stacks the system against those who fall into debt. It seems archaic, ineffective and inefficient that individuals have to make endless calls or continually write to the courts to find out such a small but important piece of information. Neither side of this House would disagree with the assessment that our court system is currently beset with severe backlogs, and the Minister, alongside his departmental colleagues, has said repeatedly in the House and elsewhere that the Department is committed to cutting those backlogs. Therefore, it is in everyone’s interests that they succeed.

Today I offer the Government an easy win. Every week, it is estimated that the courts field 2,000 inquiries related to claimant information, which adds up to 100,000 inquiries a year—a colossal and unnecessary figure. Imagine what court capacity might be freed up if our courts were handling 100,000 fewer inquiries every year. Publishing claimant data will do just that: free up capacity and help to cut the court backlogs. I remind the Minister that that is without additional Government spending and without the need for primary legislation.

If I have not yet been persuasive enough, let me share with the Minister some of the other potential benefits of making this change—I think I probably have, as I can see some nodding in the Chamber.

Powers of Attorney Bill

Peter Gibson Excerpts

Committee stage
Wednesday 1st March 2023 Public Bill Committees

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Murray, I think for the first time. I also give my huge thanks to all the Members who have turned out to help with this short but important Bill.

Clause 1 will facilitate three things: first, improvements to safeguards in creating a lasting power of attorney; secondly, a simpler process for making and registering an LPA, increasing access for all involved; and, thirdly, making the Office of the Public Guardian more sustainable.

My Bill will increase access by allowing LPAs to be made and registered electronically, while—I emphasise this—also facilitating a new paper process. It is important not to overcomplicate the service, to ensure that everyone who wants an LPA has access to make one. In the new system, donors, attorneys and others involved will be able to use the channel—digital or paper—that best suits their needs. It will be a fluid system.

The new system must be balanced against the need for suitable safeguards, which my Bill also provides for through the introduction of identity verification; changes to the objection process, to ensure a more straightforward process aligned with the system that the Public Guardian operates now; and restricting who can apply to register the LPA to just the donor.

Finally, to ensure the sustainability of the Office of the Public Guardian, it is vital to reduce its reliance on paper. My Bill allows for a future system in which the LPA will be registered as an electronic document, and that electronic document will be used as evidence of registration, while still allowing physical proof for those who need it. The combination of changes realised by the schedule will enable the development of an easier but more secure process for people wishing to make and register a lasting power of attorney.

Clause 2 amends section 3 of the Powers of Attorney Act 1971 to enable chartered legal executives to certify a copy of a power of attorney. The process to certify a copy of a power of attorney does not require specialist legal skills, yet, under the existing legislation, chartered legal executives—lawyers who provide mainstream legal services—are not included among those who are able to do that. That does not make any sense and is not in line with the evolution in the legal services sector that has allowed chartered legal executives to carry out many of the same functions as solicitors. Indeed, during the pandemic, the Land Registry used its discretionary powers to accept copies of lasting powers of attorney certified by chartered legal executives.

For clarity, clause 2 extends to Scotland and Northern Ireland. The Government’s position is that no legislative consent motion is needed as the changes are consequential to the legislation in England and Wales. By amending the current legislation and enabling chartered legal executives to certify copies of powers of attorney, we will remove the barrier facing chartered legal executives in the provision of this service, increase the channels through which consumers can certify a copy of a power of attorney, and promote consumer choice and generate competition in the legal services market.

Clause 3 confirms the Bill’s short title, makes provision for the Bill to come into force and sets out its territorial extent. Clause 2, relating to chartered legal executives, will come into force two months after the Bill receives Royal Assent, while the remaining provisions, which relate to modernising lasting powers of attorney, will come into force by regulation.

Clause 1 and the schedule extend to England and Wales, save in respect to evidence of registration, dealt with by paragraph 8 of the schedule, which extends to Scotland and Northern Ireland. That relates to what can be accepted as evidence of an LPA registered in England and Wales and so aligns the new provisions for evidence with the territorial extent of the existing provisions of the Mental Capacity Act 2005 that are being amended.

Clause 2 also extends to Scotland and Northern Ireland, because it is about the acceptance of certified copies of powers of attorney made in England and Wales and therefore has the same territorial extent as the provision in the Powers of Attorney Act 1971 that is being amended.

Overall, the Bill relates to the process of making and registering an LPA in England and Wales. It will not affect the making of LPAs in Northern Ireland and Scotland, as they have their own mental capacity legislation, which makes similar provisions in those territories.

I will now talk in detail about each of the changes set out in the schedule, which fall loosely into five categories: simplifying the process of applying to register a lasting power of attorney; changing how people are notified that a lasting power of attorney has been submitted for registration; introducing identity checks; streamlining how objections to the registration of an LPA can be made; and providing for electronic evidence of the LPA, alongside physical evidence.

To make the application process simpler for donors, I am introducing three changes. My Bill removes the ability of an attorney to apply to register an LPA, thus maintaining donor control of the process. In the future, the donor will apply at the point they execute the document, and the signatures of other parties will be co-ordinated through the Office of the Public Guardian. The Bill also allows the fee to be taken at a different point. In combination, these changes will facilitate a hybrid system that allows different actors to use different channels and will therefore improve access to LPAs.

My Bill makes a small but necessary change to the notification process by requiring the Public Guardian, instead of the donor, to notify named persons, donors and attorneys when a completed LPA is ready to start the registration process. That simplifies the process for those applying to register their LPA and means that the Public Guardian can be certain that notifications have been sent to all parties so that they have the opportunity to raise any objections. That is a key safeguard. In exceptional circumstances, the Bill will allow the donor to ask the Public Guardian to disapply the notification requirements.

The change that will have the biggest impact on enhancing safeguards for the donor is the introduction of identity verification. My Bill gives the Public Guardian the ability to conduct identity checks on individuals involved in making, or who are named in, the lasting power of attorney, as a condition of its registration. If the identity cannot be verified, the LPA must not be registered without a direction from the Court of Protection. Regulations will set out the detail of who will be checked, when and how. I am confident that this will reduce the chances of any fraudulent LPAs being registered, and ultimately increase user confidence in LPAs and the system as a whole.

The Bill also strengthens safeguards through changes to the objection process. To simplify the process and to avoid discouraging genuine objections, I am introducing three changes. My Bill will allow anyone with an objection to register it. All objections will be directed to the Public Guardian in the first instance to be triaged and investigated where necessary. That formalises the process that the Public Guardian already operates. Additionally, third parties will now be able to lodge an objection from the time the Public Guardian is aware of the donor’s intention to make an LPA. Conditions for that will be set out in regulations. These changes will strengthen safeguards for the donor, particularly against abuse and undue pressure, by providing a clearer and more streamlined process for anyone objecting to the registration of a lasting power of attorney.

[Peter Gibson (Darlington) (Con)]

I commend the work that my hon. Friend is doing on this important Bill. I declare an interest as a former solicitor. Having prepared many hundreds of lasting powers of attorney, I strongly welcome the changes that the Bill will make in terms of safeguards and improvements in processes.

However, I recently met Age UK, and I share some of its concerns about keeping access to paper-based systems for those who are digitally disadvantaged or not familiar with digital processes. Could my hon. Friend reassure us that those systems will remain accessible? I would also be failing in my duties as a lawyer, with my years of experience, if I did not put on record the recommendation that legal advice should, wherever possible, be taken to look at these documents.

[Stephen Metcalfe]

I am grateful to my hon. Friend for his intervention. He makes two important points. On the first, I emphasise that there is no intention at all—in my Bill or in any other thinking—to do away with the paper-based system. People will still be allowed to apply for an LPA using the paper-based system. However, the Bill introduces an electronic system, which will hopefully streamline the process and reduce the paper burden on the Office of the Public Guardian, making it more sustainable in the long term.

On my hon. Friend’s second point, seeking legal advice is a sound recommendation in many areas, but, particularly when creating something as powerful as a lasting power of attorney, it cannot be a bad idea to seek the advice and guidance of someone with professional qualifications and experience. For many people involved in making a lasting power of attorney, it may well be the first time they have done anything like it. Seeking the advice of an expert is sensible.

Finally, as we all know, LPAs are currently paper documents. To reduce reliance on paper, the schedule provides that all future LPAs will be electronic documents accessed through electronic means, as well the paper channel. The effects of that change will be increased efficiency, accessibility and confidence for users in the new system.

Violence Against Women and Girls: Sentencing

Peter Gibson Excerpts

Wednesday 1st February 2023 Westminster Hall

[Peter Gibson (Darlington) (Con)]

It is a pleasure to serve under your chairmanship today, Mr Robertson. I congratulate my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) on securing this important debate. I am also pleased to see that the Minister, my right hon. Friend the Member for Charnwood (Edward Argar), will respond.

Tackling violence against women and girls has been, and rightly continues to be, a key focus for the Government, and indeed for all of us across this House. There is a long heritage of legislation brought about by Conservatives in this area, which includes the Children Act 1989, the Protection from Harassment Act 1997, the Protection of Freedoms Act 2012, the Modern Slavery Act 2015, the Domestic Abuse Act 2021 and my own small and very discreet Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022, also known as Sian’s law, which was greatly assisted by the Suzy Lamplugh Trust.

All that legislation contains steps and measures designed to protect people and underpin our growing toolbox for tackling violence against women and girls. Having sat on the Women and Equalities Committee and the Bill Committee for the landmark Domestic Abuse Act, and having regularly engaged with my local police, my local domestic abuse refuge—Family Help—and the night-time economy in Darlington, I am aware of the need for us to do more to protect people, so I welcome today’s debate.

I welcome the fact that Darlington has been successful in multiple bids for money from the safer streets fund. That has enabled Darlington Borough Council and Durham constabulary to take more action to help safeguard people in our night-time economy. Indeed, the hub at Number Forty, which is open from 9 pm to 3 am on Friday and Saturday nights, provides a safe space, and was again helped by funding from the safer streets fund. For those who have concerns about spiking, including a number of constituents, whom I am due to meet shortly, who have been victims of that offence, that is a hugely important and reassuring service. The tests that are available at Number Forty are also available through the police, and they have been funded through the safer streets fund. As with any offence, apprehending the perpetrator is key, and so too is the sentence handed down. I would welcome the Minister’s comments on sentencing for spiking offences.

I also praise the work of those in the CCTV control room in Darlington. Last May, there was an incident in which two men were spotted preying on an intoxicated woman. Camera operators from Darlington Borough Council became suspicious when they spotted the two men sitting with the woman; they continued to monitor the situation, and witnessed the men touching the woman inappropriately. The operators immediately rang for police assistance, and officers arrived at the location within minutes. I praise their diligence and swift action to protect that woman, which led to the conviction of the two perpetrators, who were given sentences of 22 months each.

Although capital spending on projects is essential, education is also essential to break cycles of abusive behaviour, which see children of families experiencing domestic abuse become perpetrators and victims in adulthood. Further investment in perpetrator programmes can also help to break those cycles, and the role of sentencing in acting as a deterrent is also crucial. We have done some great things, but it is clear we still need to do more. I look forward to the Minister’s response, particularly about what further plans the Government have for tougher sentencing for violence against women and girls.

--- Later in debate ---

[Ellie Reeves (Lewisham West and Penge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the hon. Member for Truro and Falmouth (Cherilyn Mackrory) for securing this incredibly important debate. It is so important that we in this place speak about how best to end violence against women and girls.

The hon. Member for Strangford (Jim Shannon) spoke about the shocking statistics on the murders of women in Northern Ireland and the need for tougher sentencing for perpetrators. The hon. Member for Darlington (Peter Gibson) spoke about some of the things that are happening in his constituency to tackle violence against women and girls and acknowledged that more needs to be done. The hon. Member for Bath (Wera Hobhouse) talked about low charge rates and a system that often feels like it is failing women and girls. She also talked about the really good work that Avon and Somerset police is doing.

In 2021, the murders of Sarah Everard and Sabina Nessa triggered an outpouring of public anger and a demand for change, but that change has been slow to happen. It is no exaggeration to say that we are living through an age in which violence against women and girls is at an epidemic level. The most recently published annual data shows that 177 women were murdered by men, 70,000 women reported being raped—although we expect the true figure to be much higher—and almost 2.5 million women were victims of domestic abuse. Far too often, women are not safe at home, at work and on our streets.

We see a continued downward spiral in charging, prosecution and convictions for domestic abuse. Rape convictions are at a record low: little more than one in 100 rapes result in a charge and summons. I hear what the hon. Member for Truro and Falmouth says about the Opposition’s language, but I am afraid it is the inaction of her Government, not the words of Opposition Members, that is letting victims down. Much more needs to be done.

For crimes such as stalking and harassment, all too often offenders receive sentences that do not reflect the suffering and the impact on the victim’s life. Women are being let down and offenders are being let off. If the public are to have confidence in the criminal justice system, we need appropriate sentences to deter potential offenders and deal just punishment for serious crimes. That is why, back in 2021, Labour outlined what needed to be done in our “Ending Violence Against Women and Girls” Green Paper.

Sentencing for domestic homicide seems to treat women as a different class of victim. Men who kill their partners often receive a far lesser sentence than those who kill others, despite the fact that the homicide has often taken place in the context of years—sometimes decades—of abuse. Seventy-two per cent. of female victims die in their homes, yet the law sets out a 10-year disparity between the starting point for a murder in the home and that for murders in other settings. It is almost as if being in a relationship with the victim serves as mitigation for the offender.

The case of Poppy Devey Waterhouse highlights that. She was just 24 when she was murdered in December 2018 by her ex-boyfriend. The couple had split in October 2018, but continued to live in the same flat in separate rooms. Poppy was due to move into a new property, but three days before that her killer stabbed her to death with a knife from the kitchen, inflicting more than 100 injuries. Poppy’s killer received a sentence of just 16 years, but if he had taken the weapon to the scene of the crime—deemed an aggravating factor—he would have received a much longer sentence. As Poppy’s mother Julie Devey outlined, that sentence ignores the fact that Poppy’s killer had no need to bring the weapon to the scene: he had knowledge that knives were already in the house and could be used for the attack.

Julie has campaigned on this issue and believes that the sentencing guidelines are simply wrong. She says:

“The savagery and violence of the attacks seem to count for nothing in the eyes of the law and this is infuriating”.

She wants domestic murder tariffs to reflect the severity of the crime, rather than the location of the killing. That seems a wholly just change, and I have heard Government Members speak eloquently and persuasively about it. I hope to see that covered in the sentencing review.

Labour called for a review of sentencing for domestic homicides and domestic abuse almost two years ago. Shortly afterwards, the Government announced their own review. It was originally due for completion in December 2021, but the report was delivered to the Justice Secretary last June, and we are still waiting for the review’s findings. In that time, we have been through three Justice Secretaries, and I am concerned that in the chaos and carousel of changing Ministers, this important matter has got lost. I hope the new Minister, who I know takes ending violence against women and girls incredibly seriously, will push this up the agenda so we can finally see change.

I turn to one of the most heinous crimes: rape. There is no statutory minimum sentence for rape, only a maximum sentence of life imprisonment. In 2022 alone, four rape convictions were referred to the Attorney General’s Office through the unduly lenient sentence scheme, with initial sentences ranging from two years and four months to six years and six months. One was for the rape of a child under 13; the sentence was increased from two years and four months to four years and four months. These truly appalling crimes are receiving truly lenient sentences. For too long the trauma inflicted on a victim by rape has not been fully recognised by the sentence, and this must end. That is why Labour would introduce a new statutory minimum sentence of seven years, which better reflects the seriousness of the crime.

A number of hon. Members have mentioned the scourge of spiking, which is deeply concerning. Despite a surge in reports of spiking to the police in recent years, there have been no more than 66 prosecutions in any year since 2010, and there were only 512 prosecutions in total between 2010 and 2020. The conviction rate has plummeted, with just 0.56 convictions per prosecution in that period. Under pressure from Labour, the Government have agreed to conduct a review into spiking, which we welcome.

[Peter Gibson]

I am grateful to the hon. Member for continuing to raise the issue of spiking. It is key that we identify the perpetrators of this offence. It is no good people coming forward and reporting it without us being able to prosecute, convict and sentence those people carrying out this heinous crime.

[Ellie Reeves]

I absolutely agree. These terrible crimes need to be taken with the utmost seriousness by the police. They need to be properly investigated, with all the evidence gathered, and prosecuted so that we see criminals convicted. We also need to ensure that when criminals are convicted, they are given sentences that reflect the severity of the crime.

I welcome the review to find out how widespread spiking is and who is being targeted, but it does not explicitly cover sentencing. It must. We need to introduce tougher spiking laws to deter people from committing this awful crime, as well as seeking to introduce tougher sentences by referring the issue to the Sentencing Council for new guidance.

[Peter Gibson]

The hon. Lady is being generous with her time. She calls for additional offences. Could she specify what offences are required over and above those already on the statute book that deal with the offence of administering a poison through either a drink or an injection?

[Ellie Reeves]

We seek tougher sentences that act as a deterrent. There are horrific stories of spiking both by injection and by a drink. The rise in spiking by injection is deeply concerning, but the very low level of prosecutions and the sentencing do not seem to reflect the scale of the problem. In our review, we would ask the Sentencing Council for new guidance on sentencing for these crimes.

Finally, some crimes are so abhorrent that Labour believes the offender should never come out of prison. Labour would ensure that any offender found guilty of the rape, abduction and murder of a stranger received a minimum custodial tariff of a whole life order, with the effect that they spend the rest of their life behind bars.

Toughening sentences alone will not fix the failures in the system that are letting women down. That is why Labour has outlined a much wider action plan. We would roll out a domestic violence register to prevent perpetrators from going town to town to find new victims. We would bring in specialist rape courts in every Crown court across the country to end the unacceptable court delays and to prevent victims from being retraumatised by the court process. We would introduce legal advocates for rape survivors to support them every step of the way, from reporting a rape at a police station right through to trial. That would drive up standards and prevent victims from pulling out of their cases because they feel the system is working against them. We would put Jade’s law on the statute book, suspending parental responsibility in cases where one parent murders another.

It can no longer be considered good enough for the Government to say that tackling violence against women and girls is a priority when their actions, I am afraid, sometimes say otherwise. Recent polling showed that seven in 10 women consider action to stop sexual harassment, rape and domestic abuse inadequate. Nine in 10 women said that imposing tougher sentences for these crimes would be an effective way of making the country safer for women and girls. We cannot afford for our laws and their enforcement to send a signal that violence against women and girls will be tolerated. That is why Labour in power will make sure that sentencing provides justice for victims, and with our wider action plan on violence against women and girls, we will finally make tackling this a priority.

--- Later in debate ---

[Peter Gibson]

The Minister is always welcome in Darlington. As it is the birthplace of the railways, all rails lead there.

[Edward Argar]

I am grateful to my hon. Friend and may well take him up on that. I hope to be able to visit him in Darlington. I pay tribute to him for his work on Sian’s law, and his dedication and determination. We all know what a challenge it is in this place to see a private Member’s Bill to fruition. I pay tribute to him for what that law will do to improve people’s lives and safety. His constituents should be proud of him for what he has achieved with it.

Interventions being funded include the delivery of training for night-time economy venues, including Stamp Out Spiking workshops, bystander training and awareness-raising initiatives for students. In that context, it is an appropriate moment to briefly touch on spiking, which was raised by a number of Members. This is where my memory may fail me, but it is my understanding is that it is covered under the Offences Against the Person Act 1861, in the context of administering a poison. That Act carries with it a maximum period of imprisonment of five years for that offence.

As my hon. Friend the Member for Darlington alluded to, the challenge is catching the perpetrator, given the context of how such offences are often committed. There is the challenge of proving it and also, I suspect, an element of awareness-raising needed about the nature of the offence, so that there are more reports, enabling the police and others to better intervene.

Powers of Attorney Bill

Peter Gibson Excerpts

2nd reading
Friday 9th December 2022 Commons Chamber

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

I beg to move that, That the Bill be now read a Second time.

Powers of attorney are important legal arrangements that allow people to appoint others—the donees of the power, known as attorneys—to act on their behalf. The powers normally relate to financial matters, and the attorney must act on instructions from the donor of the power—the person who made it.

Lasting powers of attorney, or LPAs, are a specific type of power of attorney with even wider scope. Such arrangements allow someone to appoint another to act on their behalf after the donor has lost the mental capacity to make their own decisions and give instructions. LPAs can apply to not just financial decisions but health and welfare decisions too.

Powers of attorney generally, and lasting powers of attorney specifically, are incredibly powerful and useful appointments. They allow people to retain control over aspects of their lives, in circumstances where they might not otherwise be able to make decisions or take actions. LPAs, in particular, ensure that people have the opportunity to make provision for a future where they may no longer have the mental capacity to understand what is happening to them and therefore to make decisions about the things they care about.

With the prevalence of dementia increasing and our population ageing, these documents will become ever more important in ensuring that people can continue to live the lives they want to. They will be even more important in protecting people who might otherwise be the target of fraud, scams and abuse. I have seen that in my constituency and on a personal level. These are powerful documents, and they need to be used carefully.

Lasting powers of attorney are part of the toolkit to ensure that people can live the lives they want to. That is why I am delighted to bring forward this Bill in my name. It delivers two important changes to legislation around powers of attorney. First, it will reform the process of making and registering a lasting power of attorney to make it safer, easier and more sustainable. Secondly, it will widen the group of people who can provide certified copies of powers of attorney to include chartered legal executives.

Before I get into the detail of this Bill, I will set out the history of these documents and the problems that have arisen as a result. Under the Power of Attorney Act 1971, the power of attorney is a formal appointment whereby one party, the donor, gives another party, the attorney or donee, the power to act on their behalf and in their name. Power of attorney, in contrast to appointing an agent, can only be created and valid where certain legal formalities are observed, and they must be granted by deed. The ordinary or general power of attorney is for when the donor only needs help temporarily, for example when people are in hospital or abroad and need help with everyday tasks such as paying bills.

Ordinary powers of attorney are common in the commercial world, where they may be used in a number of ways, most typically to enable another person to execute documents on the donor’s behalf or in a transactional context. Another use is in appointing a power of attorney to manage financial or property matters in a donor’s absence. However, there were issues with these powers of attorney, as the power ceases to have effect when the donor lost mental capacity to make decisions and give instructions. As the Law Commission pointed out in 1983:

“at a time when the assistance of the attorney has become for the donor not merely desirable but essential, the attorney has no authority to act.”

This resulted in the introduction of the Enduring Powers of Attorney Act 1986. As the name suggests, enduring powers of attorney endure past the loss of mental capacity, allowing an attorney to continue acting on a donor’s behalf. Individuals concerned about their ability to control their own lives in future could now ensure that the people making those decisions were the people they had chosen and that they trusted.

[Peter Gibson (Darlington) (Con)]

My hon. Friend is making an important speech and highlighting the legislation that brings us to today and his important Bill. I just put on record the importance of those enduring powers of attorney that predate the current lasting powers of attorney and to highlight to the House the necessity for people to register them when capacity is lost. Many mistakenly believe, where an enduring power of attorney is in place, that there are no steps to take in order for it to be used.

[Stephen Metcalfe]

I am grateful to my hon. Friend for his clarification. Obviously, he knows considerably more about the history of this than I have perhaps been able to gain during my research. In the 1990s, there were greater concerns about the abuse of enduring powers of attorney. I am told there was concern that between 10% and 20% of enduring powers of attorney were potentially being used in an abusive way. To resolve that, and following extensive work by the Law Commission, the Mental Capacity Act was passed in 2005. Enduring power of attorney was replaced by lasting power of attorney, or LPA, in 2007.

New safeguards were introduced—primarily the requirement for the LPA to be registered by and with the new Public Guardian and their office, the Office of the Public Guardian, before it could be used, whether before or after a loss of capacity; and the role of the certificate provider, who must confirm that the donor understands their LPA and that there was no fraud or undue pressure.

Fifteen years on, the system is in need of an update. The Government’s 2021 consultation on modernisation clearly set out the issues, and media coverage over the past year has further emphasised the need for reform. First, people wishing to make LPAs struggle to understand the system and to complete their LPA accurately. Guidance can be overwhelming and full of jargon such as “donor”, “attorney”, “certificate provider”, “execution” and “jointly and severally”. This is specifically daunting in urgent circumstances—for instance, due to a recent diagnosis of dementia or terminal illness.

The reliance on paper also makes it more complicated than necessary. The legislative framework and operational process involved mean that, even where the LPA is filled in online, each LPA has to be printed off and signed on paper in five places in a specific order by at least three people to be valid. The possibility for error to creep in is high, and the Office of the Public Guardian indicates that as many as 11% of LPAs sent to the OPG cannot be registered because of signing mistakes. Donors cannot understand why the LPA process does not make use of technological improvements since 2007. They want to use a digital system to fill in, sign and submit documents. As the Government set out in their consultation, that would allow a speedier process, reduce the administrative burden on people and help to reduce or even remove many of the errors in the process.

Secondly, the OPG is drowning in paperwork, and that does not allow the OPG to deliver the service that its fee payers expect. Many in this place will know about the media reports on the backlog in registrations. The OPG reports that it is taking up to 20 weeks on average to process an LPA application, against its target of eight weeks. Others will be receiving letters from constituents asking for assistance, as they are left unable to support their loved ones because an LPA is currently sitting in that backlog.

We all agree that this situation is unsustainable. The OPG carries out manual administration checks. It stores 11 tonnes of paper at any one time, and LPA applications are generally increasing, with the number of LPAs submitted for registration more than doubling between 2014-15 and 2019-20. That is creating an ever increasing need for staff, equipment and storage space. The ability to use a digital channel—alongside, I stress, a paper route—to make and register an LPA would help to resolve some of those issues. Most of the current manual checks could be automated. Physical storage requirements could be reduced and, critically, it would increase the OPA’s resilience to backlogs caused by the disruption of paper processing.

The third point, and probably the most important one, is that while a digital channel is desirable for donors, attorneys and the OPG, it must be balanced against the need for suitable safeguards. The risk of fraud is small, but it is a real risk. The BBC Radio 4 programme “You and Yours” reported last year on the case of Marie—not her real name—who was a victim of LPA fraud when someone took out an LPA in her name and attempted to sell her home. Concerns about undue pressure and abuse are also common. Earlier this year, in parallel with another report by “You and Yours”, a debate was held in the other place on LPAs and the economic abuse of older people.

I firmly believe that LPAs are a positive way for people to control what happens if they lose mental capacity. They are an insurance policy that people should take out to appoint people they trust to make decisions in their best interests, should the worst happen. But I cannot ignore that there must be protections in the system to reduce the chance of it being manipulated by those who intend ill will towards others.

--- Later in debate ---

[Peter Gibson (Darlington) (Con)]

It is a pleasure to be called to speak for the third time this day; I draw the House’s attention to my entries in the Register of Members’ Financial Interests. As a solicitor, I have prepared many hundreds of lasting powers of attorney for both health and welfare and property affairs and, before their advent, many enduring powers of attorney. I still act on a regular basis to take care of the affairs of individuals who have appointed me as their attorney, often in circumstances where they had no family to act for them or they did not want to entrust such responsibility to a family member. Indeed, I know I have many more future nominations that will require me to act.

I welcome the steps the Bill takes to update the process of preparation for LPAs, which have been around for well over a decade, and I congratulate my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) on bringing it forward. An LPA is a very powerful document, and we should always be aware, in making changes to them, that they can, in the wrong hands, be open to abuse.

In my personal opinion, the engagement of a legal professional to assist in the preparation can be invaluable, but not essential. My own uncle, always keen to save a bob or two, especially in order to avoid legal bills, recently prepared powers of attorney and decided to do it himself, which in actuality involved him making many telephone calls to me while he filled the forms in. Sadly, his forms were rejected by the Office of the Public Guardian and he had to start all over again. At the end of the saga, he concluded that he wished he had gone to a lawyer to get the job done in the first place. I welcome the measures in my hon. Friend’s Bill, which would certainly have streamlined the process for my uncle.

My final point is about we are with powers of attorney in respect of the high street financial institutions. There seems to be a great lack of training among our high street banks on how to engage with people who have been appointed as attorneys and the security measures involved. They make it almost impossible to deal with them in a co-operative way as an attorney, and I would welcome the Minister’s comments on that. I wish my hon. Friend well with his Bill and, should he require assistance on his Bill Committee, I would be delighted to serve.

Assisted Dying

Peter Gibson Excerpts

Monday 4th July 2022 Westminster Hall

[Peter Gibson (Darlington) (Con)]

It is a pleasure to serve under your chairmanship, Mr McCabe, and I congratulate the hon. Member for Gower (Tonia Antoniazzi) on leading today’s debate and on her carefully considered speech. I also thank the 262 people of Darlington who signed this petition. In addition to those signatories, I have also received correspondence from constituents with views from both sides of this debate.

I am not in favour of assisted dying. At the age of 14, I witnessed my own father die at home, suffering from cancer. Although it would be simple to form the view that it would have been “better” or “easier” for him to have been able to choose his time of passing, it never once entered our family’s minds that that should be done while medication could eliminate the pain he was suffering.

As a high street solicitor handling the affairs of many clients who were sick, infirm or suffering from terminal disease, I regularly attended upon those who were contemplating the end of their lives and often took instructions in a nursing home or at a hospital bedside. This was a deeply personal and private role in speaking to people about the most intimate of family matters. This role also often allowed me observation of those closest to them. Although the overwhelming majority of families I met in such circumstances had their loved one’s comfort and wellbeing at heart, I have seen the most rapacious of family members seeking to manipulate. I fear that even with all the safeguards possible, such individuals could exercise the most sinister of coercion were we to permit assisted dying.

The death of my father could have led me to change my view about assisted dying, but it actually cemented a firmly held belief in the choice of the individual to die at home and of the importance of the hospice movement in ensuring that such deaths are good deaths. Hospice UK has estimated that since the beginning of the pandemic, more than 100,000 people have died at home without receiving the care and support they needed.

I declare my interest as a trustee of a hospice and as the co-chairman of the APPG on hospice and end-of-life care. When discussing matters relating to death, it is important that we listen to those in the hospice sector and understand that one in four people do not receive the appropriate palliative care.

With an ageing and growing population, we know that more people will die at home. Hopefully, they will die in their own bed, surrounded by their loved ones, just as we would all want. However, in order to ensure that such good deaths happen, as a society we must commit to ensuring that our hospice sector is properly funded and resourced.

The Government rightly provided massive support to our hospices during covid. I see my right hon. Friend the Member for West Suffolk (Matt Hancock) here, and I thank him for his engagement and the support he provided to our hospice movement during covid. I believe that now is the time to ensure that the postcode lottery of hospice and palliative care is ended, with a long-term plan to support our hospices.

I fear that if assisted dying is legalised, terminally ill people may feel pressured into ending their lives. I do not believe that we should place anyone in that position. Such a change in the law would have a profound impact on the relationship of terminally ill patients with their doctors. While I have every sympathy with those who, for the best of intentions, seek this change, I do not support a change in the law.

Approved Premises (Substance Testing) Bill

Peter Gibson Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Peter Gibson (Darlington) (Con)]

It is a privilege to speak in this debate and to further support my hon. Friend the Member for Aylesbury (Rob Butler), who has expertly guided the Bill through its early stages. He and I know what a rollercoaster ride the stewardship of a private Member’s Bill is; I pay tribute to his hard work and tenacity. Having spoken on Second Reading and in Committee, I am delighted to have the opportunity of completing the set, as it were. As I outlined at the earlier stages, the Bill is warmly welcome: it is vital to protecting our nation’s rehabilitation services and staff members in approved premises up and down the country. I am proud to support its progress and glad that it has reached Third Reading unamended.

For too long, staff members of assisted premises have been left without the appropriate and necessary support from lawmakers here in Westminster, so they have had to rely on antiquated legislation that has not evolved to match new challenges. Their important but often unrecognised part of our criminal justice system is vital in assisting with rehabilitation; approved premises are important in supporting the minority of individuals who are deemed at high risk of harm or of reoffending. Their work ensures that those at the highest risk and with the most complex needs receive additional, targeted residential supervision and rehabilitative support. At the sites, their needs are supported and they are protected and supervised as they are gently reintroduced into society, in the hope that they can become productive and effective members once again.

As I set out on Second Reading, Darlington is served by Nelson House and the Crescent in Middlesbrough, and it is clear that staff there have gone above and beyond to provide the necessary specialised support. Under clause 1 of the Bill, approved premises managers can authorised assisted premises staff to ask for and require a urine sample from any resident, rather than an oral fluid test—a provision already in place elsewhere in the system. This is achieved by allowing Her Majesty’s Prison and Probation Service to create a comprehensive yet fair drug testing framework in approved premises. Importantly, it allows the drug testing framework to respond flexibly as managers and staff adapt to patterns of drug misuse and improve the identification of their residents misusing substances, ensuring that appropriate care planning and referrals to specialist treatments are in place.

The Bill seeks to capitalise on improving technology by using the definitions of those substances and medicines already set out in legislation, including in the Misuse of Drugs Act 1971, the Psychoactive Substances Act 2016 and the Human Medicines Regulations 2012. I was glad to hear reassurances during the Bill Committee that clause 1 also ensures that the first step will be to provide guidance and assistance for those found to have drugs or other illicit substances in their bodies. I am glad that this short yet impactful Bill grants staff the legislative powers that they need to prevent wider prevalence of drug misuse within their premises and tackle ever-changing and evolving patterns. It builds on the recommendations of the prisons and probation ombudsman, which in 2017 called for more effective drug testing practices and better staff guidance to identify and address the risks associated with substance misuse.

The Bill places approved premises on a much firmer legislative footing when it comes to protecting residents. I fully support my hon. Friend the Member for Aylesbury in his efforts to guide the Bill on to the statute book. I look forward to the Bill’s completing its remaining stages.

Approved Premises (Substance Testing) Bill (Morning sitting)

Peter Gibson Excerpts

Committee stage
Wednesday 15th December 2021 Public Bill Committees

[Ellie Reeves (Lewisham West and Penge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Mundell. I thank the hon. Member for Aylesbury for introducing this important Bill.

It is concerning that drug deaths in approved premises have increased in recent years, while there has been a rise in psychoactive substances such as Spice and skunk. Meanwhile, there is currently no comprehensive framework for substance testing in approved premises; the Bill would remedy that, so the Opposition welcome it.

Approved premises play an incredibly important role in the rehabilitation of high-risk individuals. It is crucial that they be safe, drug-free and a conducive environment for residents’ rehabilitation. Sadly, I am getting increasingly concerned about the abuse of psychoactive substances and prescription drugs, detection of both of which can be evaded under the current testing regime. It is right for managers of approved premises to have the tools to identify drug misuse, enabling them to tackle the problem and ensure that residents can receive the support that they require to protect them and their fellow residents and, more importantly, keep members of the public safe.

It is important to focus on rehabilitation. People living in approved premises are not typical offenders; they often have complex problems. The main goal of the framework should be to identify those who have taken drugs and give them appropriate assistance to prevent further use. I welcome the hon. Member’s comments today and on Second Reading that the Bill is about providing assistance and rehabilitation first and about prosecution second. More generally, I urge the Government to secure treatment pathways that offenders found to be using illegal substances can be placed on as soon as possible instead of having to wait weeks for help.

I am glad that the Bill is a step in the right direction. I hope that drug use in approved premises will be tackled efficiently for the benefit of residents undergoing rehabilitation and for the safety of the wider public.

[Peter Gibson (Darlington) (Con)]

It is a pleasure to serve under your chairmanship, Mr Mundell. I commend my hon. Friend the Member for Aylesbury for expertly guiding the Bill through Second Reading and into Committee. I know from recent experience that that can be a challenging task; I congratulate him on navigating the process to this stage.

Sadly, we know that psychoactive drugs are becoming more prevalent in approved premises across the United Kingdom and are undermining the important work there. I welcome clause 1, which, building on the recommendation of the prisons and probation ombudsman, would allow managers to authorise approved premises staff to ask for and require a urine sample, rather than an oral fluid test, from any resident. The sample could then be used to identify a controlled drug, a prescription-only medicine or a psychoactive substance in the resident’s body.

[Maria Eagle (Garston and Halewood) (Lab)]

I congratulate the hon. Member on his own experience with Bills, which he has recently acquired, I think. Does he agree that enabling testing for a wider range of substances ought to prevent those living in approved premises who are tempted to take these substances from doing so, because they know that they can be detected for longer? It might help those living in approved premises to not reoffend.

--- Later in debate ---

[Peter Gibson]

I am grateful to the hon. Lady for her intervention, and I thank her for her support in Committee for my private Member’s Bill. I trust that her point will be picked up on by the Member in charge or the Minister. I am glad to have an opportunity to further support the Bill promoted by my hon. Friend the Member for Aylesbury, and I look forward to Third Reading in the new year.

[The Minister for Crime and Policing (Kit Malthouse)]

It is a pleasure, as always, to appear under your wise and guiding hand, Mr Mundell. I start by extending my wholehearted support for my hon. Friend the Member for Aylesbury. I thank him for introducing this important Bill.

Having the privilege of being Minister for Crime and Policing, I am aware of how necessary these provisions are. Drugs not only have an impact on an individual’s physical and mental state, but they also play an important role when it comes to crime, not just because of the direct harm they do, but because of the wide range of criminality they can drive. In the year to March 2020, 48% of homicides were drug-related. The Government are committed to cutting crime and dismantling the entire business model of drugs, from supply to demand.

We set this out in the beating crime plan, which we published in the summer, and our commitment to tackling drug use is set out clearly in our cross-Government drugs strategy and the prisons strategy White Paper, both published last week. The drugs strategy represents an ambitious, 10-year generational commitment to work across Government to address illegal drug use, including increased and enhanced testing in prisons and, I hope, approved premises. The strategy is the formal, substantive response to the exceptional and comprehensive independent review of drugs led by Dame Carol Black, and it accepts all her main recommendations.

Our strategy sets out three core priorities: cutting off drug supply, creating a world-class treatment and recovery system, and achieving a generational shift in the demand for drugs. Our vision goes beyond treatment. People who suffer from addiction have multiple and complex needs for which they need support. We are leading the world in delivering a joined-up package across treatment, accommodation and employment. Drug treatment will be joined up with our investment in NHS mental health services, so that people’s wider needs can be addressed together.

As set out in the prisons White Paper, our goal is for prisons to have a culture of zero tolerance to drugs and an approach that ensures meaningful and lasting recovery for all prisoners. We will ensure that every offender has access to the treatment they need and a plan to help them to turn their backs on crime. Prisoners will be supported to use their time in prison to become free of drugs. On release, accommodation and employment support will help them to stay away from drugs and crime.

It is important, however, that work to tackle substance misuse continues outside prison. Our drugs strategy is underpinned by record investment of nearly £900 million of additional funding over the next three-year spending review period, taking the total investment on combating drugs over the next three years to £3 billion. From this we will invest more than £2.8 billion over the next three years to create a world-class treatment and recovery system. This includes £780 million of additional investment —the largest ever single increase in treatment and recovery funding.

The Bill will allow us to further deliver on the commitments set out in the beating crime plan, the prisons White Paper and our drugs strategy to tackle drugs misuse, cut crime and save lives. As my hon. Friend the Member for Aylesbury set out, the Bill will implement a rigorous drug-testing framework, enabling mandatory drug testing for psychoactive substances, together with prescription and pharmacy medicines. Supported by the change in urine testing, this means that we can reliably test for a wide number of different substances for longer.

The Bill will also put prevalence testing on a firmer statutory footing, which allows us to better identify emerging trends and ensure we are able to react quickly to changes in drug use. The combined measures in the Bill will ensure consistency of testing and treatment from prison to the community and will be vital in ensuring that approved premises, which we are of course expanding, are safe and drug-free, and that the risk of serious harm is reduced for the individual, other residents and the wider public.

The Bill will help us tackle drug use in approved premises, ensure that staff in them are able to respond effectively and provide residents with the necessary treatment and support. That will support this Government’s commitment to rehabilitate offenders, reduce reoffending and beat crime. The Government are pleased to support the Bill, and I congratulate my hon. Friend the Member for Aylesbury on bringing it forward. I commend the Bill to the Committee.

Metropolitan Police: Stephen Port Murders Inquest

Peter Gibson Excerpts

Monday 13th December 2021 Commons Chamber

[Kit Malthouse]

Obviously I recognise the deep concern about these investigations, not least in regard to—the right hon. Lady, whom I welcome to her new position, drew attention to this—the seemingly incomprehensible nature of the dots not being drawn together. I have to say that that has often been a problem not just for the Metropolitan police but for other police forces, when seemingly obvious patterns of behaviour have failed to be linked together in other types of crime. We saw it previously in the Met in the case of John Worboys, a serial rapist whose pattern of offending was never pieced together. However, I am reassured that they have made significant changes structurally, aligning their homicide teams with their basic borough command units so that there can be better co-ordination, and making sure that there is better analysis of patterns of offending to establish at an early stage whether there are a linked series of crimes.

As for the right hon. Lady’s primary question about the independent inquiry, as I have said, the Deputy Mayor has commissioned Her Majesty’s inspectorate to look at the investigative practices, while the Met have themselves commissioned Dame Louise Casey to look at their culture internally and the IOPC is considering whether to reopen any investigations. In the light of those three steps, we will obviously have to keep the situation under review, but for the moment we want to see how they conclude.

[Peter Gibson (Darlington) (Con)]

I thank my right hon. Friend for his statement. Everyone is rightly horrified at the deaths of these young men. Reports of alleged institutional homophobia in the Metropolitan police must be taken seriously, so can my right hon. Friend reassure the gay community of London that he will support every effort to root it out?

[Kit Malthouse]

I certainly can give that reassurance, and we will stand four-square with the commissioner herself as she seeks to do exactly that. The Met have not stood still in seeking to address this issue. I understand that they have a new LGBTQ organisational improvement group, and that there is a network of 125 volunteer advisers across the whole of the Met. Officers who are posted to particular boroughs or areas are now being trained and briefed much more coherently about the nature of the community with whom they are dealing, including LGBTQ members of that community. They are making big strides. Nevertheless, there will be lessons to be learned, particularly from Louise Casey’s review, and we look forward to seeing its conclusions.

Approved Premises (Substance Testing) Bill

Peter Gibson Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[Peter Gibson (Darlington) (Con)]

It is a privilege to speak in support of this important Bill. I thank my hon. Friend the Member for Aylesbury (Rob Butler) for bringing forward this legislation, which fundamentally supports rehabilitation services across the country. I am proud to support the Bill to update ageing legislation that has left assisted premises staff without the appropriate and necessary legislative support that they need to do their jobs.

Fundamentally, our prison system must focus on the rehabilitation of offenders, as we prepare them for life after they are released. We know, however, that following their release, a minority of individuals deemed to be at high risk of harm or reoffending need the supervision and support that only specialised centres can provide. Each and every assisted premises across the UK is there to protect and support bailees as they transition from their custodial release back into society. Approved premises are rightly in place to ensure that these offenders with the highest risk and most complex needs receive the additional residential supervision and rehabilitative support that they often need following release from custody.

While there are no assisted premises within the boundaries of my constituency, the Tees Valley is served by two premises in Middlesbrough. Nelson House and The Crescent provide the specialised support that a number of individuals locally need to prevent further harm from being caused. They also provide a safe, suitable temporary home, ensuring that these vulnerable offenders do not end up on the street.

These centres provide a range of engaging activities, events and skills classes for their residents to participate in. Over the past year, this has included marking and celebrating awareness days, such as LGBT awareness, mental health awareness and Macmillan coffee mornings, as well as important cultural and religious days of significance. It has also included the provision of skills sessions chiefly focused on supporting residents once they move on from those premises. I read with interest that one such course was Skills 2: Employment Day, where residents were taught real world practical skills to make them more employable and how to make the most of opportunities presented to them.

While staff at the centres across the country continue to support their residents and prepare them for reintegration, we know that the ageing Offender Management Act 2007 is failing to keep pace with changes in the drugs problem and improving drug testing technology. Sadly, that has led to concerns being raised regarding the fact that the number of deaths among approved premises residents has increased in recent years. I understand that many of these deaths are believed to be drug related.

Indeed, we know that psychoactive drugs have become more prevalent in approved premises, hampering the efforts of staff to protect and rehabilitate individuals, while bullying sees the hoarding and abuse of prescription medication. I am glad that this short, yet impactful Bill grants staff the legislative powers that they need to prevent the wider prevalence of drug misuse within their premises and to tackle ever-changing and evolving drug patterns.

At the heart of the Bill, staff at Her Majesty’s Prison and Probation Service are empowered with the power they need to monitor and control the misuse of controlled psychoactive and prescriptive drugs. Under clause 1, approved premises managers can authorise assisted premises staff to ask for and require a urine sample from any resident rather than an oral fluid test. It was interesting to hear the intervention from my hon. Friend the Member for Hyndburn (Sara Britcliffe) with regard to the challenge on hair follicle testing. It is, however, important to highlight that the Bill rightly imposes restrictions on how this sample may be acquired and places a duty on the Secretary of State to publish guidance on the exercise of drug testing in these sites. The sample can then be used to identify a controlled drug, a prescription-only medicine or a psychoactive substance within the resident’s body.

I am glad that the Bill builds on the recommendation of the prisons and probation ombudsman, who, in 2017, called for more effective drug testing practices and better staff guidance to identify and address the risks associated with substance misuse. The Bill places approved premises on a much firmer legislative footing and I am pleased to support it today.

LGBTQ+ Afghan Refugees

Peter Gibson Excerpts

Tuesday 21st September 2021 Westminster Hall

[Peter Gibson (Darlington) (Con)]

It is a privilege to serve under your chairmanship, Sir Gary, and I congratulate the hon. Member for Jarrow (Kate Osborne) on securing this debate. We were all shocked at the speed with which the Taliban overthrew the Government of Afghanistan last month. The fall of Kabul was a worrying reminder of the fragility of that country—how easily 20 years of progress could be undone in just a few short weeks.

Under the Taliban and their repressive, archaic laws, being LGBT+ is a huge risk. There have already been reports of abhorrent acts of persecution and criminalisation of the LGBT+ community in Afghanistan, as we heard in other powerful speeches. It is no surprise that members of the LGBT+ community in Afghanistan have gone into hiding and are isolated from their families and friends—often their only source of support—for fear of exposure and the consequences it brings.

I am proud that the UK has played a leading role in supporting members of the LGBT community escape from Afghanistan. Under the Afghan citizens’ resettlement scheme, those at risk of persecution will be relocated to the UK, and among those deemed to be the most vulnerable are Afghan members of the LGBT community. It is important that those who escape to neighbouring countries and arrive at offshore processing centres are protected, as neighbouring countries such as Iran, Pakistan, Turkmenistan and Uzbekistan all persecute LGBT+ people. It is unsurprising that members of our community are concerned for their safety.

I hope that members of the LGBT+ community who wish to leave will be supported to do so as swiftly as possible and will not be left stranded. It is, however, important that we remember that not all members of the LGBT+ community will want to leave Afghanistan. More must be done to continue to hold the Taliban Government to account on human rights grounds.

I am proud of the steps we have already taken to support refugees from Afghanistan, and I look forward to hearing the Minister outline her commitment to continuing to support those who are still in Afghanistan.