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Mr. Lammy: When someone has formal control over another person's finances, is a donee, has a lasting power of attorney or is appointed a deputy of the court, that person would be expected to keep records and receipts. Indeed, that person might be asked by the Court of Protection or the public guardian to produce them. In that sense, the amendment is very much on point because there is a formal requirement and understanding. The hon. Gentleman will know that such a provision is not new under an enduring power of attorney; it is the present arrangement. The hon. Gentleman will also understand that, for of the reasons that he has illustrated so eloquently in the past and because this is a day-to-day Bill that covers so many actions, we must also strike a balance. In some cases, such a requirement in informal settings would be bureaucratic and unnecessary. We have talked a lot, particularly today, about the role of doctors, nurses and formal carers in the social services context of the Bill. We have talked less about brothers, sisters, mothers and fathers, but the hon. Gentleman would be the first to talk about red tape if we required people to save up receipts and so on in that informal setting. It would be an onerous process. That is why I hope that he will withdraw the amendment, although that does not mean that best practice is such circumstances is not desirable. Mr. Boswell: I am almost convinced by the Minister's eloquence—and if not by that, by the hour. We should take away what he said and consider it. Clearly, there is good practice. I confess again that I have not checked with the code to see whether reference is made to such matters. We shall Column Number: 133 have much more to say about financial propriety later; in a sense, it is secondary to the issues of life and death that we have spent most of our time on today, and I do not want to put it on the same parity. However, worries remain, and on the whole, they are not about the milk bill. I understand the Minister's point about red tape and de minimis. Equally, it would be difficult for an attorney to pay out for the milk bill without the milk bill receipt being in front of him to prove that the expenditure took place. However, we can now let theColumn Number: 134 matter rest, and I beg to ask leave to withdraw the amendment.Amendment, by leave, withdrawn. Clause 8 ordered to stand part of the Bill. Further consideration adjourned.—[Ms Bridget Prentice.] Adjourned accordingly at half-past Four o'clock till Tuesday 26 October at half-past Nine o'clock.
The following Members attended the Committee:
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| Prepared 21 October 2004 | |
