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  • Jerome Mayhew – 2022 Speech on the Power of Attorney Bill

    Jerome Mayhew – 2022 Speech on the Power of Attorney Bill

    The speech made by Jerome Mayhew, the Conservative MP for Broadland, in the House of Commons on 9 December 2022.

    I aim to be as brief as my hon. Friend the Member for Scunthorpe (Holly Mumby-Croft). I want to put on record my support for this Bill. Often in Friday sittings we talk about photogenic furry animals, but this is very different. This is an important Bill that will affect us all. To take the example of just one disease, it is estimated by Alzheimer’s Research UK that there are 944,000 people in this country suffering from dementia. The estimate is that one in three children born this year will develop and suffer from dementia in the future. This is an issue that affects us all now or will do in the future.

    I want to highlight the importance of lasting powers of attorney and point out that there are not one but two different types. There are the ones that affect property and affairs and there are, crucially, the ones that affect welfare and health. From personal experience as an attorney in this area, I found the current system surprisingly complex, and that was as a qualified barrister. To be using only paper is surprising in this day and age. The complexity of sequential signatures was also surprising, and the identity checks relying on witnesses are frankly inadequate in modern times. I welcome the intention of the Bill, which is to make it easier to create LPAs, using digital facilities where appropriate. I recognise that about 25% of those over 65 do not have easy access to the internet, although on many occasions it will be younger family members whom they will be appointing as attorneys, and in those circumstances many of that 25% will be given assistance to use digital access as well. However, it is important that a paper alternative continues to be provided, and I am glad that is recognised in the Bill.

    My final point is that it is great that the Bill contains increased protections from abuse, particularly in paragraph 7(2) of schedule 1, which makes reference to the process for objecting to registration for third parties. That is a useful addition, and I thoroughly welcome this Bill.

  • Holly Mumby-Croft – 2022 Speech on the Power of Attorney Bill

    Holly Mumby-Croft – 2022 Speech on the Power of Attorney Bill

    The speech made by Holly Mumby-Croft, the Conservative MP for Scunthorpe, in the House of Commons on 9 December 2022.

    I thank my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) for bringing forward this private Member’s Bill. If I may, Madam Deputy Speaker, I would also like to thank you, as the right hon. Member for Doncaster Central (Dame Rosie Winterton). I carried out some research before I came today, as I have worked on lasting powers of attorney in a previous life, and I note that you have done an awful lot of work in the background on this subject. I want to put on record my thanks for that work and what that has brought about today.

    I wholeheartedly support this private Member’s Bill. I absolutely understand and have seen first hand the need for the measures in it. I would like to put on record my thanks on behalf of this side of the House. I wish my hon. Friend well with his Bill.

  • Alex Cunningham – 2022 Speech on the Power of Attorney Bill

    Alex Cunningham – 2022 Speech on the Power of Attorney Bill

    The speech made by Alex Cunningham, the Labour MP for Stockton North, in the House of Commons on 9 December 2022.

    I congratulate the hon. Member for South Basildon and East Thurrock (Stephen Metcalfe) on promoting this private Member’s Bill and on introducing it today. He made his case very well; this is a matter of great importance that can affect so many of us.

    Last year, I wrote to the then Justice Minister overseeing this portfolio, the hon. and learned Member for Cheltenham (Alex Chalk). I had several concerns, particularly regarding the lack of training and awareness on the limits of power of attorney, that had been brought to my attention by a number of practitioners. The then Minister’s response was reassuring and I am glad that the agenda in this area is moving forward with Government support, but there is still much to be done to improve the system beyond the Bill’s parameters. That said, Labour supports the Bill’s aims and welcomes the modernisation of the process for making and registering lasting powers of attorney.

    It is of cardinal importance that donors are protected. If technology can provide more effective ways of strengthening those protections, we should make full use of it. Furthermore, although I understand that the strain on the Office of the Public Guardian has reduced in recent times with the recruitment of more caseworkers, the staff there are still stretched and delays are still being experienced. I hope that the modernisation process provides the necessary streamlining to ease the burden on the Office of the Public Guardian.

    We welcome the Bill’s amendment to section 3 of the Powers of Attorney Act 1971, which the hon. Member for South Basildon and East Thurrock mentioned, which will enable chartered legal executives to certify copies of powers of attorney. It is good to see that particular matter addressed. However, there are several areas on which I would welcome the thoughts of the hon. Member or the Minister to inform my understanding of why they have been omitted from the Bill. One notable absence from the Government’s response to the consultation was the Law Society’s recommendation that certification should expressly include consideration of the donor’s capacity. This seems like a sensible proposal to me, and I am interested to hear why the Bill has not taken it on.

    While LPAs are one important mechanism by which it is possible to support the exercise of legal capacity, as Alex Ruck Keene KC notes in an article on his excellent website about mental capacity law and policy, it is certainly not the only mechanism. He notes that it would be possible within the same zone of endeavour as this Bill

    “to flesh out the provisions of the Mental Capacity Act 2005 to secure that a person is recognised as being able to make their own decisions in more situations than is currently the case.”

    Should we expect further legislation that would provide for wider reforms, or is this Bill the extent of the Government’s ambition for legislative work in this area? I ask with genuine interest, as we are looking forward to working with the Government, and the hon. Member, on introducing reforms in this important area.

    I was pleased to read in the Minister’s foreword to the consultation response that

    “it remains for me to emphasise again the importance of us modernising LPAs in a way that is right for donors. They are the ones who choose their attorneys, they are the ones that should set the scope of the powers they wish to confer under an LPA, and they are the ones whose rights and freedoms must be protected and facilitated through this service. It therefore remains the case that their needs are paramount and must come before those of any other party as we seek to make changes.”

    We very much agree with this sentiment and are looking forward to scrutinising and potentially improving these measures at Committee stage.

  • PRESS RELEASE : Royal College of Nursing demands action from the Health Secretary as it says “UK is sick man of Europe again” [December 2022]

    PRESS RELEASE : Royal College of Nursing demands action from the Health Secretary as it says “UK is sick man of Europe again” [December 2022]

    The press release issued by the RCN on 8 December 2022.

    The Royal College of Nursing has called on the Health Secretary to open negotiations on NHS pay as new research shows the UK is the “sick man of Europe” again when it comes to nursing pay.

    Data published this week by the Organisation for Economic Co-operation and Development (OECD) showed that the UK is languishing far behind comparable European countries.

    In a letter on Monday 5 December to the Secretary of State for Health and Social Care Steve Barclay MP, RCN General Secretary and Chief Executive, Pat Cullen, said: “As Secretary of State for Health and Social Care, I must ask you how you will respond to the categorical evidence that the United Kingdom values nurses less than others. It is deeply regrettable that we, as the UK, find ourselves as the sick man of Europe once again.”

    With one week before up to 100,000 nursing staff take strike action in England, Wales and Northern Ireland, Cullen says the RCN’s case “has been demonstrated on the world stage with immense strength.”

    The OECD’s Health at a Glance: Europe 2022 report shows the pay of nursing staff working in hospitals in the UK in relation to national average salaries and shows that the UK ranks lowly in comparison with countries that are comparable in terms of population and size of the economy – like Germany, Spain and the Netherlands.

    The report also demonstrates that relative to the cost of living across different countries, UK nurses receive lower wages in terms of what their wages can buy or their Purchasing Power Parity (PPP). This clearly shows that UK nurses fare worse than most other European countries not only in comparison to national average earnings, but in relation to their incomes failing to keep up with the day-to-day cost of living.

    And while in many other countries across Europe nursing earnings have kept up with inflation over the last decade, the UK has fallen far behind. The OECD report confirms that in many countries across Europe nurses’ pay has increased in real terms since 2010, but fallen in the UK.

    In the letter sent on Monday 5 December to the Secretary of State for Health and Social Care Steve Barclay MP, RCN General Secretary and Chief Executive, Pat Cullen, said:

    “Ten days before my members are forced to take industrial action our case has been demonstrated on the world stage with immense strength.

    “This report from the OECD, Health at a Glance, confirms that in many countries across Europe the pay of nurses has increased in real terms since 2010, whilst falling in real terms in the UK.  In the most recent year of data available to the OECD, nursing pay as compared with UK average earnings falls below the level seen in most European countries. The report also confirms officially lower wages in terms of Purchasing Power Parity (PPP), in the UK, than the average EU20 nation. This clearly shows that UK nurses fare worse than most other European countries not only in comparison to national average earnings, but in relation to their incomes failing to keep up with the day-to-day cost of living.

    “As Secretary of State for Health and Social Care, I must ask you how you will respond to the categorical evidence that the United Kingdom values nurses less than others. It is deeply regrettable that we, as the UK, find ourselves as the sick man of Europe once again.

    “With the facts laid out bare by the OECD, you may now feel clearer on why my members across the four countries have voted so decisively for strike and why the remedial action on the part of governments must be as significant as it is urgent.

    “As I have made clear on multiple occasions, you have the option to avert strike action by opening formal negotiations about the current pay award.”

    Last week, the RCN confirmed the locations of December strikes across the UK – with up to 100,000 nursing staff taking part in strikes in England, Wales and Northern Ireland on December 15 and 20.

    The RCN’s Fair Pay for Nursing campaign is calling for a pay rise of 5% above inflation (measured by RPI).

    The RCN says the economic argument for paying nursing staff fairly is clear when billions of pounds is being spent on agency staff to plug workforce gaps. Also, independent research commissioned by the RCN has shown the Exchequer would recoup 81% of the initial outlay of a significant pay rise in terms of higher tax receipts and savings on future recruitment and retention costs.

    In the last year, 25,000 nursing staff around the UK left the Nursing and Midwifery Council register. Poor pay contributes to staff shortages across the UK, affecting patient safety. There are 47,000 unfilled registered nurse posts in England’s NHS alone.

  • PRESS RELEASE : Number of nurses entering education falling, UCAS shows [December 2022]

    PRESS RELEASE : Number of nurses entering education falling, UCAS shows [December 2022]

    The press release issued by the RCN on 8 December 2022.

    Responding to UCAS figures showing that the number of nurses entering education is falling in the UK, RCN General Secretary and Chief Executive, Pat Cullen, said:

    “It is deeply troubling to see things heading in the wrong direction. People are put off nursing by the poor and unfair treatment this fantastic profession gets, often at the hands of politicians.

    “With record waiting lists, we need the pipeline of the nurses of the future to be expanding, not contracting.

    “That acceptances on to nursing-degree courses, and applications to them, is falling does not bode well for our profession – or for the safety of patients.

    “Tomorrow’s staff need to know that a career in nursing shouldn’t come with a personal financial sacrifice. A lifetime of service must not mean a lifetime of poverty.

    “In a week’s time up to 100,000 nursing staff in England, Wales and Northern Ireland will be striking because they lack that assurance and because staff shortages are putting patients at risk.“Nursing students in higher education should have access to adequate financial support for tuition and the cost of living – and fair pay for the work they do. Until this happens, this downward trend in interest in the profession is likely to continue.”

  • PRESS RELEASE : Royal College of Nursing responds to NHS England Referral to Treatment (RTT) waiting times [December 2022]

    PRESS RELEASE : Royal College of Nursing responds to NHS England Referral to Treatment (RTT) waiting times [December 2022]

    The press release issued by the RCN on 8 December 2022.

    Responding to NHS England Referral to Treatment (RTT) waiting times, RCN Director for England, Patricia Marquis, said:

    “The whole of the health and care system is under huge strain, with a record estimated 7.2 million people stuck on waiting lists in England and thousands waiting more than 12 hours to be admitted to a hospital bed or discharged because of a lack of community or social care.

    “With a severely depleted workforce, the pressure on staff to do more and more with less and less is not sustainable. Patients are at risk and is why nurses are taking strike action on patient safety as well as pay.

    “In a week’s time nurses will take to the picket lines in our first national strike. Nurses are doing this for their patients as much as for the profession.”

  • PRESS RELEASE : Royal College of Nursing responds to the Prime Minister’s comments during PMQs [December 2022]

    PRESS RELEASE : Royal College of Nursing responds to the Prime Minister’s comments during PMQs [December 2022]

    The press release issued by the RCN on 7 December 2022.

    Responding to the Prime Minister’s comments today, RCN General Secretary and Chief Executive, Pat Cullen, said:

    “The government should negotiate with nurses and stop these cheap and divisive political games. For the first time in their working lives my members are saying enough is enough.

    “Hundreds of thousands of hard working, decent people should not be cast aside as ‘unreasonable’ for expecting better for themselves, their families and their patients. The Prime Minister appears out of touch with the public if he is intent on attacking nursing staff like this.”

  • PRESS RELEASE : Sheila Sobrany elected as new Royal College of Nursing President for 2023 [December 2022]

    PRESS RELEASE : Sheila Sobrany elected as new Royal College of Nursing President for 2023 [December 2022]

    The press release issued by the RCN on 6 December 2022.

    Sheilbye (Sheila) Sobrany has been announced as the Royal College of Nursing’s new President after receiving the most member votes out of the four candidates standing for election to the high-profile role. 

    After taking over from current President Dr Denise Chaffer, Sheila Sobrany will begin the role from 1 January 2023 for two years and act as an ambassador for the nursing professionrepresenting the RCN to its members, stakeholders and the public both across the UK and internationally. She will also serve as a full member of RCN Council.  

    Sheila’s key priorities are securing fair pay for nursing staff, reducing pressures on the profession and tackling racism, bullying, harassment and discrimination of health care workers.

    RCN Presidentelect Sheila Sobrany said: 

    “I am humbled by the support I have received and deeply honoured to take on the role of President at a critical time for nurses, nursing and our Royal College. 

    “I will lead on the core issues identified in my campaign: making the RCN strong for members, not least in our campaigns for fair pay and patient safety, and advocating clearly for diversity, equity, and inclusion. 

    “As a professional college and trade union, we must foster a strong sense of unity and belonging for our members in their work and our organisation. As your new RCN President, I cannot do this without you and I need your support to make this possible.”

    A course leader in adult nursing at the University of East London, Sheila also currently sits on the RCN London Board. 

    Her election follows the publication of findings from an independent review into the culture of the RCN, led by Bruce Carr KC. 

    On this, Sheila said: “I will work each day of my term to lead the RCN in tackling and rooting out the poor behaviours identified in the Carr Review and hold to account anybody who tries to perpetuate them. 

    “The culture of the organisation and how it works must change, and I will dedicate myself to that ambition, carrying with me the support and aspiration of each member.”

  • PRESS RELEASE : Royal College of Nursing sets out protected areas during strikes [December 2022]

    PRESS RELEASE : Royal College of Nursing sets out protected areas during strikes [December 2022]

    The press release issued by the RCN on 2 December 2022.

    Chemotherapy, dialysis, critical care units such as ‘intensive care’ and ‘high dependency’, neonatal and paediatric intensive care are the areas the RCN is confirming will be exempt from the strike action later this month.

    In formal letters to NHS employers today, the College has set out what it means by a commitment to a ‘life-preserving care model’ during industrial action.

    Other services, which do not meet these criteria, may be reduced to a ‘Christmas Day’ or ‘night duty’ level.

    The strikes will take place on Thursday 15 and Tuesday 20 December unless government negotiations are able to pause the action.

    RCN General Secretary and Chief Executive, Pat Cullen, said:

    “Every nurse feels a heavy weight of responsibility to make this strike safe. Patients are already at great risk and we will not add to it.

    “This list of exemptions shows how seriously we take our commitment and it should put patients’ minds at ease.

    “Nursing staff do not want to take this action but ministers have chosen strikes over negotiations. They can stop this at any point.”

  • PRESS RELEASE : Royal College of Nursing responds to the latest NHS England vacancy statistics and urgent and emergency care daily situation report [December 2022]

    PRESS RELEASE : Royal College of Nursing responds to the latest NHS England vacancy statistics and urgent and emergency care daily situation report [December 2022]

    The press release issued by the RCN on 1 December 2022.

    Responding to the latest NHS England vacancy statistics and urgent and emergency care daily situation report, RCN Director for England, Patricia Marquis, said:

    “With more than 13,000 patients a day stuck in hospitals because the community and social care they need to be safely discharged is unavailable, it’s easy to see why health and care is at breaking point.

    “Combined with a record 47,000 nurse vacancies across the NHS in England, this is precisely the reason why our members have decided to strike – because the workforce gaps and being underpaid have made care unsafe.

    “Ministers have repeatedly ignored our calls to address the workforce crisis and to put serious investment in nursing, including fair pay.

    “They’ve also dismissed our offer of serious negotiations on pay and patient safety – unless the health secretary changes course 100,000 nurses will be walking out in two weeks’ time.”