🕵️‍♂️ Public Authorities (Fraud, Error and Recovery) Bill (Ninth sitting)

Public Bill Committees

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The Public Authorities (Fraud, Error and Recovery) Bill was debated in its ninth sitting, focusing on enhancing the Department for Work and Pensions’ (DWP) ability to tackle fraud and error. Key discussions revolved around amendments to ensure independent oversight and the introduction of new powers for DWP investigators, such as entry, search, and seizure, to aid in serious and organized fraud cases. Members debated the appropriateness of these powers and the necessity of safeguards to protect civil liberties and ensure transparency. The session highlighted the balance between empowering the DWP to recover misused funds and maintaining accountability and public trust in the process.

Summary

  • The Public Authorities (Fraud, Error and Recovery) Bill was discussed in a parliamentary session where various amendments and clauses were debated.

  • Amendments 37-42 were proposed to enhance oversight and independence in the appointment of an independent person or board for reviewing the eligibility verification process. These amendments suggested that the appointment should be subject to consultation with a relevant House of Commons committee.

  • The debate included arguments for replacing an independent person with an independent board, as suggested by Dr Kassem from Aston University, to ensure more sustainable and unbiased oversight.

  • The Minister, Andrew Western, resisted these amendments, stating that the existing framework with an independent overseer reporting to the Secretary of State and Parliament was sufficient. He emphasized the Department for Work and Pensions’ (DWP) commitment to a transparent recruitment process for the independent role.

  • Clause 76 introduces new powers for DWP investigators to apply for warrants to enter premises, search, and seize items in England and Wales, targeted at serious and organised benefit fraud. Similar provisions were discussed for Scotland under Clause 77.

  • The DWP’s new powers align with its efforts to efficiently investigate fraud without relying on the police, enhancing the ability to gather and secure evidence.

  • Concerns were raised about the implications of these powers, such as the need for timely returns of seized items, particularly mobile phones. The Minister assured that seized items would be returned as soon as possible, unless they were needed for criminal investigations.

  • New Clause 3 proposed by the opposition, suggesting the addition of an arrest power for DWP investigators, was opposed by the Minister. He argued for maintaining the division of roles between DWP and police, focusing DWP’s efforts on evidence gathering.

  • Clause 79 establishes penalties for obstructing DWP investigations into serious and organised fraud, with potential fines up to £1,000.

  • Clause 80 allows for the DWP to dispose of seized property under court approval and outlines conditions for this, ensuring a six-month period must pass before disposal, aligning with police procedures.

  • Clause 81 enables the seizure and off-site examination of items during investigations in Scotland, aimed at efficiently handling cases where on-site examination is challenging.

  • Clauses 82 and 83 ensure an independent complaints process for serious incidents related to the DWP’s use of its new powers, involving the Independent Office for Police Conduct for England and Wales and the Police Investigations and Review Commissioner for Scotland.

  • Clause 84 expands the definition of a “DWP offence,” enabling the Department to tackle a broader range of fraud activities beyond just benefits, including misuse of national insurance numbers and other financial support.

  • Clause 85 outlines restrictions on the types of information the DWP can compel from third parties, ensuring protections for legally privileged material and personal data.

  • Clause 86 permits the use of digital means for issuing information notices and confirms post as an acceptable method of service for notices.

  • Clause 87 mandates independent reviews of the DWP’s use of its criminal investigation powers, with reports to be made public and laid before Parliament.

  • Clause 88 details how overpayments of non-benefit payments, like those from the kickstart scheme, can be recovered following a criminal investigation and either an administrative penalty or court conviction.

Divisiveness

The session displayed a moderate level of disagreement, with most of the disagreements centered around proposed amendments to the Public Authorities (Fraud, Error and Recovery) Bill. The disagreements were largely procedural and focused on refining the proposed measures rather than substantive opposition to the Bill itself. Here are examples of the disagreements noted during the session:

  1. Amendment 37 and Related Amendments (38-42): The Liberal Democrats proposed amendments to ensure further oversight into the appointment of an