Fabian Hamilton MP: speeches

Speeches

• 10 Dec 2025 · International Human Rights Day 2025 · Hansard source

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  I am sure we will be interrupted by a Division any minute now, but it is a pleasure to serve under your chairship, Ms Butler. I am delighted to follow the hon. Member for Strangford (Jim Shannon), and I congratulate the hon. Member for Penrith and Solway (Markus Campbell-Savours) on securing this debate, aptly on International Human Rights Day itself. I declare an interest: I am the chair of the all-party parliamentary human rights group. Last week, I hosted our International Human Rights Day reception, together with Amnesty International UK, which was well attended. It showed that human rights remain a priority across Parliament and among all parliamentarians. Today marks the progress of the international human rights framework, now supported by more than 60 treaties protecting vulnerable groups, including women, children and persons with disabilities. Next year, the United Nations will begin drafting a new convention on the rights of older persons—a process I hope the UK Government will fully support. I am interested to hear the Minister’s response to that. The theme of this year’s International Human Rights Day is how human rights shape and improve everyday lives. In democratic countries, rights are largely respected, which is reflected in how we live, although we can never afford complacency. It is often said that eternal vigilance is the price of liberty. Some colleagues will raise domestic concerns, but I will focus on the international dimension and its purpose for those who do not enjoy many rights in daily life. The rights framework empowers people, providing standards based on entitlement to state protection by which they can judge and call out Government actions. I want to highlight the work of human rights defenders —lawyers, journalists, activists, community workers and trade unionists—who peacefully promote and protect rights, support victims and hold perpetrators accountable. They take great risks to spotlight abuses and seek redress, facing reprisals from state and non-state actors, harassment, imprisonment, statelessness, exile, torture and, in the worst cases, disappearance and death. According to Front Line Defenders, at least 324 human rights defenders in 32 countries were killed in 2024, with the highest numbers in Colombia, Mexico, Guatemala, Palestine and Brazil. This year, the APPG met human rights defenders from many countries—most recently from Mexico, Cambodia, Peru, Myanmar and Belarus. International support matters and can help to protect those people. I urge consideration of mandatory supply chain due diligence to protect human rights and the environment, modelled on the UK Bribery Act 2010, creating civil liability for businesses failing to prevent such harms. Finally, parliamentarians can help to advance global respect for rights. As chair of the British group of the Inter-Parliamentary Union, I highlight the role of parliamentary diplomacy in discussing human rights issues and the excellent work of the British Group of the Inter-Parliamentary Union in facilitating it. Let us continue to work together to promote respect for international human rights networks as a pathway to solutions for real-world challenges, armed conflict, marginalisation, polarisation and economic inequality.

• 28 Oct 2025 · Lasting Power of Attorney · Hansard source

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  No, the hon. Lady is not incorrect, but an LPA can be executed in advance of any potential diagnosis. When somebody starts to feel that they are losing the capacity to make financial decisions or decisions about their future health, they can execute the lasting power of attorney to be implemented or actioned once the diagnosis is made or capacity is lost completely or irreversibly. That is my understanding, but I am sure the Minister will correct me if I am wrong. The brother was then removed as an attorney two months later when he challenged the withholding of the donor’s income and clawing back of historical expenses. He was replaced by the donor’s accountant. Nicola told me: “The donor in this case had a long standing history with the bank both in her personal and business capacity. The bank would have been aware of the manager taking over the management of her personal banking affairs going back years. This may have started as a convenience for the donor, but later became a necessity.” That partly answers the hon. Lady’s question. Nicola went on: “This casual arrangement apparently accepted by the bank allowed financial abuse to follow.” Obviously, in that case, the Office of the Public Guardian did not have a role, although it will later in the story. The business manager and the accountant both admitted in court that they had withheld income from the subject for the preceding year and continued to withhold income until the donor’s death seven years later. Nicola has rightly called for banks to have annual face-to-face meetings with their elderly clients to establish their ability to manage their affairs on their own without outside influence. Any changes to LPA documents and wills within a year of a diagnosis of a cognitive illness, such as dementia, should also be treated with caution and investigated thoroughly before they are granted. There is also serious anxiety about this issue within the industry. I have spoken to sources in the Office of the Public Guardian and trading standards who highlighted their concerns regarding the lack of the use of powers and the systemic failure to protect people. An officer with more than 30 years’ experience in trading standards told me that they are seeing the numbers of this type of abuse climb to levels they have never seen before, but they can never prosecute because of the lack of assistance from the OPG. Furthermore, the officer had suspicions that a certificate provider was selling LPAs for far more than the usual registration fee, but when the evidence started to mount, the OPG and the Competition and Markets Authority failed to provide the crucial information needed to prosecute. I would be keen for the Minister to look into what steps are taken to verify that a certificate provider is genuine and not making profits from its work. Another experienced officer from the Office of the Public Guardian told me about their utter frustration at the processes. They cited a four-month backlog that is allowing abuse to continue. In a lot of cases, that gives the abuser ample time to move money around to escape justice. When grounds-to-investigate processes begin, they are not acted on for weeks, with timeframes set for investigations only after that has taken place. OPG staff say that since the introduction of digital applications for LPAs, demand for investigations has increased. They suggested that best practice is for the Court of Protection to give consent if the donor has lost capacity and the attorney wants to gift a substantial amount of money. However, that is being applied inconsistently among banks as there are no regulations that ensure they follow it through, and banks are simply taking an attorney’s word that a donor has lost capacity. A staff member pointed to declining morale at the OPG because of the rise in cases, with little to no safeguarding training. They even expressed concern about the dehumanisation of the people they deal with. These are some of the most vulnerable people in the country, and some are clearly being coerced or abused. Members of this House have previously looked closely at the lasting power of attorney. In 2004, the Health Committee endorsed the recommendations of the Joint Committee on the draft Mental Incapacity Bill relating to the lasting power of attorney. It recommended that there be clarification of the extent and limitation of an attorney’s powers, as well as adequate guidance and training for donors; that there be further guidance to warn donors of the potential for conflict; and that an additional safeguard be included in codes of practice as a mechanism by which the Court of Protection or the public guardian could monitor the use of LPAs with a view to preventing the abuse and exploitation of an attorney’s powers. It also recommended that an express duty of care should be incorporated into law for attorneys acting under an LPA, in that a greater degree of accountability should be required, with specific requirements in the form of a standard of conduct that should be included in the codes of practice. Attorneys should also be under an obligation to notify the donor, the bank and the public guardian that the donor lacks capacity, or is losing capacity, thereby putting that information on the public record and opening it up to challenge. I thank the Minister for meeting me earlier this year following the introduction of my Bill. I know that she takes these issues extremely seriously, and I am pleased to see her in her place. I am also grateful to the victim-survivors of this horrendous financial abuse who shared their stories with me. Each story has similar patterns, but each has its own victim who is often coerced and robbed of their life savings and assets. Finally, I am struck by the commitment of those who have reached out to me. Ending this injustice for other families and vulnerable people is their driving force, and I cannot commend them enough for their selfless and committed campaigning on an issue that could impact any single one of us. I look forward to the Minister’s comments.

• 28 Oct 2025 · Lasting Power of Attorney · Hansard source

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  My hon. Friend is absolutely right, and that is what the campaign has been arguing for since it began. The publicity given to the cases that I raised on the Floor of the House last November, when I introduced my ten-minute rule Bill, led to a large number of people bringing forward cases from up and down the country, often through their local MPs, asking to be added to the list of abuses. In total, the number of abuses may not amount to more than a fraction of a percentage of the total number of LPAs granted; nevertheless, my hon. Friend mentioned 6 million people, and I believe it is more like 8 million, and a small percentage of 8 million is still an enormous number of people. The issues go much further. Whistleblowers at the OPG have told me that no potential attorney is ever vetted, and that it is extremely easy to walk away with a signed document stating that someone is the attorney. Let me repeat that: no attorney is ever vetted. That is rather worrying. There is evidence of abusers producing fake religious documents to help them to claim they are married to people who are decades older than they are and who clearly lack capacity. Technically, that is still not against the law so, despite it being utterly immoral, there is very little that the OPG can do about it. As I have said, hundreds of cases of potential abuse have been raised with me since I introduced the Powers of Attorney Bill to Parliament last November. I will highlight some more of them now, in addition to the cases I raised last year. Azhar Hayat lost his life savings as a donor through the granting of a lasting power of attorney. An alleged investment of £126,000 was transferred to his attorney, with most of the funds going directly into a company of which the attorney was the sole director. Mr Hayat’s funds were then converted into shares in the attorney’s name, and he subsequently lost everything in one fell swoop. In the same year, the attorney closed the company, leaving with all the funds. That has left Mr Hayat having to seek an order for the sale of his own home in order to survive financially. The OPG took over four months to terminate the LPA, and by then, as ever, it was too late. It was only after an intervention from his Member of Parliament that Mr Hayat was able to seek to recover funds via insolvency. I am afraid that route failed, so he did not recover any of those funds.