Fabian Hamilton
MP for Leeds North East · Labour · United Kingdom
“In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death.”
“Q14. I recently met bereaved constituents who lost their babies at Leeds teaching hospitals NHS trust. Understandably, their confidence in the system is at an all-time low. They want answers about the circumstances in which at least 56 babies and two mothers have died in recent years.”
“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.”
“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.”
“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.”
“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.”
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“11. What steps he is taking to implement the recommendations in the Law Commission report entitled “Modernising Wills Law”, published on 16 May 2025.”
“In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death. Will the Government now commit to accepting the Law Commission’s recommendation that that archaic rule be abolished?”
“Q14. I recently met bereaved constituents who lost their babies at Leeds teaching hospitals NHS trust. Understandably, their confidence in the system is at an all-time low. They want answers about the circumstances in which at least 56 babies and two mothers have died in recent years. Will the Prime Minister update the House on what steps he is taking to ensure that an inquiry uncovers the factors that led to these deaths, confirm Donna Ockenden as chair of that inquiry, and join me in paying tribute to the courageous families campaigning to ensure that nobody has to suffer the same tragedy again?”
“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.”
“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.”
“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.”
“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.”
“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.”
“That is why our campaign has called for the implementation of Government-regulated safeguarding procedures for all banks in how they deal with LPAs and the accounts of donors.”
“Most of the campaign’s focus has been on the abilities of the Office of the Public Guardian and the implementation of its powers, but it is important to look at the root cause of the abuses and why they are able to occur in the first place. The abuse often begins following interactions with banks. There is no getting away from the fact that the digitisation of lasting powers of attorney processes has opened the door to abuse from a very small minority of unscrupulous individuals who have taken advantage of the ease with which an attorney can gain access to a donor’s bank accounts. The lack of legislation and duties placed on banks has resulted in an uneven implementation of safeguarding when it comes to lasting powers of attorney.”
“I beg to move, That this House has considered lasting power of attorney. Thank you for that introduction, Ms Vaz; it is a pleasure to speak this afternoon under your chairship. This debate has been secured at an extremely important time, as lasting powers of attorney continue to be granted across the country. Although it is clear that the vast majority of attorneys act in the best interests of the donor, there is still considerable abuse among the very small minority who do not. Since the campaign, in which I have been involved, to end the abuse of lasting powers of attorney began, I have received hundreds of testimonies from across the country in respect of vulnerable people who have had their funds stolen or used for purposes not in the interests of the donor.”
“They verified that the figures cited have been seen in their work on vulnerability, with the OPG admitting that approximately 65% of potential financial abuses are being disregarded simply because the donor is deemed to have capacity. Let us be clear: someone may have capacity, but that does not mean that they cannot be coerced or financially abused.”
“I am afraid abuse is rife in a small minority of cases, and the recorded increases do not scratch the surface, given that most cases are undetected, not thoroughly investigated and not reported as often as they should be. The Office of the Public Guardian’s annual report made that clear last year. For example, there has been a 6.5% increase in the number of concerns about abuse raised with the OPG, but a slight decrease, from 34.5% to 33.9%, in the proportion leading to a full investigation. That change might seem small, but a lot of people are affected, and every individual concerned has a family, relatives and friends who are deeply concerned. Two weeks ago, alongside UK Finance, I hosted a roundtable for banks that administer lasting powers of attorney.”
“The hon. Member will hear later in my speech how I intend to address the issue of safeguarding, which is one of the most important parts of the process. Let us be clear that, as I said, the vast majority of lasting powers of attorney have no difficulty, problems or issues whatsoever. We need to concentrate our efforts on the small minority who cause the grief, in respect of whom people need to be safeguarded from abuse. The Government-regulated safeguarding procedures that I mentioned, in respect of all banks in dealing with LPAs and the accounts of donors, would include a requirement to contact the donor or a GP before an LPA is activated, and the monitoring of spending prior to and after its activation.”
“That begs the question: “What is the purpose of the OPG and why does it lack the powers to act?” One of the banks raised the example of a single individual to whom tens of LPAs were registered, but UK Finance was not aware, so no investigations took place until concerns were raised and a bank conducted a vulnerability check on the donor, by which time it was too late and the individual had already gathered the funds of several people. That case is sadly not an isolated incident.”
“With the increase in dementia and with Alzheimer’s projected to rise incrementally, the hon. Gentleman is right that safeguarding needs to be far tighter. I will come on to say what I think that would involve. At our meeting, several banks highlighted clear failings in safeguarding procedures and investigations by the Office of the Public Guardian. Given that the OPG will not investigate any case in which the donor is deemed to have capacity, and that it has no powers to access the financial records of attorneys, investigations are toothless at best. The banks then face a back and forth with the OPG, as both urge the other to investigate what they claim to be a “civil matter”. Banks regularly ask the OPG whether they should act on an account that is under investigation, but are told it is up to them to decide whether to do so.”
“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.”
“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.”
“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.”
“The bank asked only for an affidavit from the solicitor to ensure the capacity of the donor. Later, however, court evidence showed that the solicitor had a conflict of interest in respect of the subject and their business manager. Around the time of the bank’s involvement, the donor had received a diagnosis of Alzheimer’s disease, which had been confirmed by a CT scan nine months earlier. The donor’s deteriorating health was clear, with the LPA activated on health grounds having been actioned a year earlier. The LPA for finance was invoked following the specialist diagnosis. The donor was isolated, away from her brother, whom she had originally appointed as the attorney to protect her interests. The solicitor removed the safeguard of unanimity without advising her brother until months later, when it was far too late.”
“Yes, indeed. My constituency office in Leeds North East is trying to compile a list of all the cases that have come to us. Every one of them is different but they all have a common theme: unscrupulous individuals who have taken advantage of a lasting power of attorney in order to gain the donor’s funds as quickly as possible for their own nefarious purposes. That tragedy is part of the ongoing trend of the abuse of older people, which we have to stop. As parliamentarians, we have a duty to do just that. Another victim, Nicola, wrote to me to outline her family’s tragic case. Nicola is not alone when she describes the interaction between banks and prospective attorneys as “a tick box exercise”. In her case, the bank’s representative queried a change to the power of attorney that had occurred a few months earlier.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“I recently met senior journalists who have been exiled from Russia, following Putin’s clampdown on any form of free, trustworthy media. Despite the huge challenges, they are still providing vital, accurate reporting for all those in the region who need it most. Will the Minister commit to sustainable funding guarantees for our soft power, and continue to support these courageous journalists, who are forced to move countries, and are often threatened by rogue states?”
“I am sure the whole House will share my joy at the release of the hostages in the middle east today, but as the shocking attack in Manchester last week showed, and as the Home Secretary and my hon. Friend the Member for Blackley and Middleton South (Graham Stringer) made absolutely clear, antisemitism is rife and increasing on our own doorstep. I therefore ask the Home Secretary to increase funding for police and security not only at synagogues but at Jewish schools like Brodetsky primary and Leeds Jewish free school, as well as at the Zone youth club in my Leeds North East constituency. Will she also consider funding essential and crucial community organisations, such as the Leeds Jewish Representative Council, that are fundamental to community cohesion in Leeds and other cities?”
“1. What assessment he has made of the potential implications for his policies of the Syrian constitutional declaration, signed on 13 March 2025.”
“I thank the Foreign Secretary for that reply. The fall of Assad was rightly welcomed by all Members of this House, but reports of mass killings of Christians and Alawites, which have now resulted in more than 1,500 civilian deaths, show that Syria is still a very unstable country. Will the Secretary of State therefore outline what support is being given to the new Syrian Government to prevent further violence and another appalling refugee crisis?”
“As we have already heard, the British Council is vital to the UK’s soft power across the world. At such an important time for the promotion of our values of democracy, freedom and human rights, reports that the British Council may have to close 30 to 40 operations is deeply worrying. What steps is the Minister taking to secure the future of the British Council’s existing programmes?”
“Following the recent developments in Syria, I understand that the BBC World Service will offer enhanced services to audiences across Syria on broadcast medium wave and FM. Would the right hon. Member congratulate the World Service on stepping in to respond to an emergency situation with the utmost professionalism? Does that not underline his point as to why it should be funded from the Foreign Office?”
“It has set the standards by which states must treat their citizens and provides the basis on which Governments can be called out and held to account for not doing so. The universal declaration has had a profound impact since, having inspired and paved the way for the adoption of more than 60 human rights treaties at global and regional levels and having provided the basis for the 2030 UN sustainable development goals. At the individual and collective level, the declaration has protected millions and empowered many to stand up against abuse and tyranny, and for equality and justice.”
“Last week, the all-party parliamentary human rights group held a reception organised jointly with Amnesty International UK to mark Human Rights Day. It was very well attended, showing that the protection of human rights across the world is an issue that transcends party politics and matters greatly to many of my parliamentary colleagues right across the political spectrum. International Human Rights Day commemorates the adoption of the universal declaration of human rights by the United Nations General Assembly on this day in 1948. The universal declaration, whose 75th anniversary the human rights APPG celebrated last year in Parliament, is founded on the principle that “All human beings are born free and equal”.”
“I am delighted to have secured this Adjournment debate to mark international Human Rights Day, which we remember annually across the world on 10 December. I first declare an interest as chair of the all-party parliamentary human rights group, whose purpose is “to raise the profile of international human rights issues within Parliament and to investigate and publicise human rights abuses occurring”. The group is one of Parliament’s most long-standing APPGs, set up in 1976 by the late human rights champion Lord Avebury, and one of its most active, with at least one event a month and often many more. I also declare an interest in what I am about to say, as I am chair of the British group of the Inter-Parliamentary Union.”
“Two weeks ago, I met representatives of the Wiwa indigenous people of the Sierra Nevada de Santa Marta in northern Colombia to hear their testimony at first hand, here in our Parliament.”
“Their work documenting violations, holding human rights violators to account and tackling cycles of impunity may result in serious threats, including harassment, smear campaigns, physical attacks, arbitrary detention, torture, and in the worst cases, murder. Environmental and land rights defenders are at particular risk. The non-governmental organisation Global Witness estimates that in 2023, 196 land and environmental defenders were killed around the world. The highest number by far were in Colombia, followed by Brazil, Mexico, Honduras and Nicaragua. During my time as shadow Minister for Latin America, I visited Colombia and met trade unionists and human rights defenders who faced violent attacks every single day.”
“Tragically, the right to life is violated in many countries, by state and non-state actors, including China, North Korea, Myanmar, Afghanistan, Russia, Iran, Saudi Arabia, the Democratic Republic of Congo, Burundi, Eritrea, Sudan, South Sudan, Colombia and Mexico to name just a few, I am sorry to say. I would like to express the APPG’s deep concern about the killing of human rights defenders, brave people from all walks of life: community leaders, environmental activists, lawyers, journalists, trade unionists, academics and members of non-governmental organisations who are committed to promoting and protecting the human rights of their communities, in their country and the wider world. The APPG has been privileged to meet many inspiring human rights defenders over the years.”
“Let me highlight a key provision of the declaration, the right to life, which is of course fundamental to the enjoyment of every other right that we are here to protect. Categorical violations of the right to life include: extra-judicial killing; the misuse of the death penalty, or, I would argue, the use of it at all; life-threatening prison conditions, which we have seen in the footage from Syria in recent hours and days; the use of live ammunition by police forces against unarmed protestors; serious violations of humanitarian law; and environmental degradation and climate change, which give rise to serious threats to the existence of present and future generations.”
“I thank my friend, first for his generosity and secondly because he is an extraordinary performer in this House, not just on these green Benches but in Westminster Hall. I have sat around the table with him in many, many debates, and he always stands up for humanity and faith. I respect and thank him for that, and I agree with his quote from the Holy Bible. I thank him for quoting it. In this year’s commemoration, the Office of the United Nations High Commissioner for Human Rights is focusing on the realisation of rights as a pathway to solutions to many real-world challenges, such as armed conflict, political and social exclusion, and economic inequality—and, goodness me, do we not need that in the world right now?”
“Article 2 states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” I believe that all parliamentarians are horrified by the treatment of women and girls in some parts of the world, particularly Afghanistan.”
“Given the crucial role that human rights defenders play in fostering peace, justice and inclusive development, I ask the Foreign, Commonwealth and Development Office to consider elevating the guidance to a more comprehensive strategy, with benchmarks for officials and posts, which could then be adapted to specific country situations. I cannot speak about the importance of the universal declaration without highlighting another of its central provisions: equality.”
“Lady for her support, and for all the work that she is doing. With President Gustavo Petro, we have renewed hope in Colombia, but sadly the attacks continue. Given that the UK is the penholder for Colombia at the United Nations, I should be grateful if the Minister reaffirmed our commitment to what the Colombians call paz total, or total peace. As I have said, indigenous peoples continue to be disproportionately targeted, accounting for 49% of total murders. The UK and like-minded countries must help to support and protect human rights defenders. I understand that, to this end, the “UK Support for Human Rights Defenders” guidance, published in 2019, is being reviewed, and I should be interested to know whether the Minister has an update on when we can expect that review to be published.”
“I thank the hon. Lady for her intervention, for her work as an officer of the APPG, and for chairing that meeting. I was slightly late for it, but I was there for most of it, and I heard those testimonies. Of course I would support that call. I think it important for us to recognise the extraordinarily brave and courageous work of people like those who were there on that day, such as the human rights defenders from Peru from whom we heard very recently, and the representatives of the Wiwa people of Colombia, whom I mentioned. All over the world, human rights defenders are putting their lives, their safety and their freedom at risk to defend their lands and their rights against rapacious companies that are exploiting them because no one will protect them except themselves. I thank the hon.”
“It would be helpful to know more about how our Government will continue to promote and support democracy across the world and, closer to home, whether the defending democracy taskforce still has a role to play in protecting the UK’s democratic integrity from threats of foreign interference.”
“According to the Economist Intelligence Unit’s democracy index, less than 8% of the world’s population lived in a full, proper democracy in 2023. Almost 40% lived under authoritarian rule—a share that has been creeping up in recent years. I do not need to remind hon. Members that this is happening, because we are all aware of it. Every single day, we hear stories of Parliaments and parliamentary democracy under attack. Electoral autocracies are becoming more prevalent; sham elections are held, in a largely unsuccessful attempt to provide a veneer of political legitimacy. I will not name countries, but we all know who they are. The increase in violent conflict, as seen in Russia and the middle east, has stifled progress towards more meaningful political participation.”