Powers of Attorney Bill

Gagan Mohindra Excerpts

3rd reading
Friday 17th March 2023 Commons Chamber

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

I commend my hon. Friend the Member for Guildford (Angela Richardson) for her excellent speech. It is a real honour to speak in support of my very good and long-standing friend, my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe). I have known him for 20 years and he continues to be a leading political light in my eyes. I aspire to his lofty heights.

The Government have wanted to introduce such a Bill for a long time. During the pandemic, we saw the need for modernisation and how much it is now required. The critical point about the Bill is that it will always be difficult to see a loved one no longer being able to make their own decisions, so ensuring that their wishes are protected is essential. Making it quicker and easier to get a lasting power of attorney and smoothing out the logistical process must surely be the right thing to do.

Within South West Hertfordshire we saw the community rally round during the very difficult pandemic to support the most vulnerable in our area, and I saw how technology was able to help with allowing those people to get on with their lives. Within my own work programme, things such as offering virtual surgeries and meeting virtually with local organisations remain a critical tool for interacting with my community—something I am sure that colleagues around the House continue to use today.

There are some excellent organisations working in South West Hertfordshire and across the UK to help people with lasting power of attorney, but I want to mention Age UK. Every one of those organisations has said that simplifying the process would be a help to even more people. The problem is that, as we all know, the applicants who have to use the LPAs have said that since the pandemic the process of obtaining one has been cumbersome with all the relevant paperwork.

In particular, organising the paperwork presents logistical difficulties for people who have become used to technology. It can also be an expensive process if people feel the need to use a solicitor. There has been an increase of 50% in the waiting time for LPAs, from about 40 days to 82, and there is currently no method to track the progress of an application. I am in support of this Bill. A digital method of verifying witnesses for an LPA is possible, given technological advances.

The Government consulted on whether a witness is still a necessary part of the process, how to reduce the chances of an LPA application being rejected by the Office of the Public Guardian and whether an urgent service would be helpful. The consultation got 313 responses and the overall response was positive. Respondents supported a modernisation of the LPA service that offers a digital and, just as importantly, a paper channel.

In conclusion, modernising the LPA application system will allow applications to be processed more quickly and easily while putting digital protections in place to keep the same level of security, which will help to give people peace of mind as they approach what can be a very difficult task.

--- Later in debate ---

[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.

Oral Answers to Questions

Gagan Mohindra Excerpts

Tuesday 5th July 2022 Commons Chamber

[Dominic Raab]

Again, an Opposition Front Bencher is denigrating the important—albeit incremental—reforms that we are making for victims. In fact, a victims law is currently subject to pre-legislative scrutiny and it will be introduced. We are increasing the victims surcharge by 20% and are changing the way that the Crown Prosecution Service communicates. Since the last Labour Government, we have quadrupled the amount of funding that goes to victims services, and we have rolled out section 28. She is right to say that we have prioritised rape and serious sexual violence. [Interruption.] We will get on to that. In fact, the reality is that the number of rape convictions has increased by two thirds over the past year. We have also taken action through the Police, Crime, Sentencing and Courts Act 2022 on domestic abuse, which the hon. Lady voted against.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

T2.   I recently had the pleasure of visiting HMP The Mount in my constituency, where I learned about its excellent work to provide inmates with practical work skills for life after prison. What steps is my right hon. Friend taking to ensure that when individuals leave prison, they are given the tools and skills to successfully rehabilitate themselves back into society—as they are at HMP The Mount—and get back into work, and not to fall back into a life of crime?

[Dominic Raab]

I have fond memories of playing Sunday league football in my younger years in The Mount prison against the offenders. They won fairly convincingly—something tells me that they were not out on the Saturday night in the way that my team was.

My hon. Friend asks a serious question: what are we doing? In the past year, we have seen a 67% increase in offenders leaving prison being in work within six months. That is a big step change and we are restless to go further. We are doing that with the roll-out of employment advisory boards—I am very grateful to James Timpson for driving that forward—employment hubs in prison, and critically, the drugs strategy, which will stop offenders languishing on methadone, at which point they are no good for anything.

Oral Answers to Questions

Gagan Mohindra Excerpts

Tuesday 16th March 2021 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

What progress he has made on tackling the backlog of cases in HM Courts and Tribunals Service.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

What steps he has taken to help tackle the backlog of criminal cases before the courts.

[Christian Matheson (City of Chester) (Lab)]

What recent estimate he has made of the size of the backlog of cases before the criminal courts.

--- Later in debate ---

[Chris Philp]

I do agree that timely justice is essential. In the magistrates courts, the outstanding caseload has already come down by about 50,000 cases since last summer, which is very welcome progress. In Crown courts, we are now getting through about 2,000 cases a week, which is about the same as it was before the pandemic. But we do need to go faster: the hon. Lady is right. I think the judiciary eased off listing a little bit in January, February and the early part March owing to the more recent lockdown. Now we are moving out of those restrictions, in phases, our expectation is that listing levels will go up again. We have certainly created the capacity to do that, with 290 jury courtrooms available. As listing levels increase, using the capacity we have created I expect the outstanding caseloads to come down.

[Mr Mohindra [V]]

This is an issue that is very close to the heart of many of my residents in South West Hertfordshire. How is the Department increasing use of remote hearings to ensure the safety of the people involved during the covid-19 outbreak?

[Chris Philp]

I thank my hon. Friend for a very prescient question. We have made a huge investment in IT and technology. We have purchased getting on for 10,000 laptops to enable remote working and video working. We have rolled out the cloud video platform on an expedited basis. As a result of that work, more than 20,000 hearings per week across all jurisdictions are now being held remotely. That is orders of magnitude higher than was the case before, and that is why we have managed to keep getting work done across so many parts of the jurisdiction when in many other countries around the world work has considerably slowed down or even stopped.

Police, Crime, Sentencing and Courts Bill

Gagan Mohindra Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Mr Gagan Mohindra (South West Hertfordshire) (Con) [V]]

I will be supporting this important piece of legislation, which delivers on our manifesto pledge. It covers many important elements, and during my contribution I will have time to address only some of them. First, may I associate myself with the comments about Sarah Everard? My thoughts are with her loved ones.

I am not a lawyer, but there are many learned hon. Members of this House, and it is worth noting that the Law Society supports the overall ambition of this substantial Bill to tackle crime, support the police and build safer communities. Going into detail, one of the bits I particularly want to highlight is clause 46. Following an excellent campaign by my hon. Friends the Members for Bracknell (James Sunderland) and for Stoke-on-Trent North (Jonathan Gullis), with the private Member’s Bill on the desecration of war memorials, it is good to see this measure included in the Bill. It is not just about war memorials; it includes roadside memorials and gravestones as well.

On part 3 on public order and the right to protest, it is worth reiterating that the police response does need to be proportionate. I would cast the House’s memory back to six months ago when we all saw images on social media of an ambulance trying to access St Thomas’s and not being able to do so. The other theme worth highlighting on this particular issue is that there have been effects on freedom of the press with print media not being able to print.

Part 4 on unauthorised encampments—clause 61 onwards—is a really important piece of legislation. I know of many colleagues who have campaigned on this particular provision for many years. It will make trespass a criminal offence, and it has a significant effect on law-abiding communities. I would echo the comments made by others in the House that civil actions have not been a suitable avenue of discouraging poor behaviour. Clause 62, which changes the period of no return from three months to 12 months, targets the bad apples, and I think it is a welcome addition.

Finally, part 7 on sentencing and release is a really important piece of legislation that gives the law-abiding citizens of our country the confidence that those found guilty of heinous crimes will have a proportionate sentence. Clause 108 on referring to the Parole Board in place of automatic release is another aspect that is well worth mentioning.

In summing up, this Bill will be warmly welcomed by law-abiding citizens. It offers increased protection to those who protect us, it increases the options available to the courts to ensure that sentences are in line with the offence and it ensures that disruptive behaviour is actively discouraged.

Sentencing White Paper

Gagan Mohindra Excerpts

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

The hon. Lady raises a tragic and appalling case. I would need to know a little more about the index offence. It may well be a matter that the family can refer to the Attorney General under the unduly lenient sentence scheme, if the offence is within the purview of that scheme. I know that she will not hesitate to advise the family of that. On the general point she makes, it is important for us all to remember all the victims of those who cause death by dangerous driving. I think today of Violet-Grace Youens, whose parents have assiduously campaigned for a change in the law. Even if they cannot bring back their beloved daughter or turn back the clock, their campaign has achieved a change in the law that I believe will give greater justice to future families. This law will be changed with legislation that will come during this Session. I can make the commitment now that we will make the necessary change in tribute not just to Violet-Grace, but to all the families and those who have suffered so much.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

I thank the Lord Chancellor for the White Paper. It reaffirms my belief that the Conservative party is the party of law and order. As he will be aware, the Ministry of Justice published a report last year that showed that the cost of reoffending was £18.1 billion per year, not to mention the emotional and psychological harm to victims of crime. Can he give us further details on how we are focusing on breaking the cycle of reoffending?

[Robert Buckland]

My hon. Friend is right to mention the importance of that depressing cycle of reoffending, and he will see in the White Paper ready acknowledgement of some of the drivers of that: drug addiction, alcohol addiction, the lack of stable accommodation, no work. The three things that I believe offer the way to avoid a life of crime are a home, a job and a friend, and that might be treatment or probation support. That is what we are committed to in the White Paper; that is what this Government are going to achieve.

Probation Services

Gagan Mohindra Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

The hon. Gentleman will be glad to know that that is precisely the approach I take. I have a strategy—it is called reducing reoffending. He will know that that means bringing together all agencies—not just criminal justice. Frankly, they have more of a role to play, whether that is public health, education—which has been mentioned—housing or other vital local services. We cannot do this on our own. The criminal justice system is often the repository of failure caused by other factors. Unless everybody puts their shoulder to the wheel and realises that all parts of public service have a criminal justice dimension, we will not achieve what we need to achieve for our communities.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

I welcome my right hon. and learned Friend’s statement. Can he confirm that a key element of the future probation service system will be focusing on reducing the £18 billion cost to the taxpayer of reoffending?

[Robert Buckland]

I am grateful to my hon. Friend, who is right to highlight the stark figure for the financial cost of reoffending—of course, it does not deal with the emotional, physical and mental cost of reoffending. Reducing reoffending means fewer victims of crime. We have succeeded in reducing it in certain parts of the criminal justice system, but I am afraid there is still a lot of work to do, particularly with offenders on short-term sentences. The focus will be very much on reducing reoffending levels among that cohort in the years ahead.