Andrew Western MP: speeches 2025

Speeches

• 12 May 2025 · Social Security: Tackling Poverty in Wales · Hansard source

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  I of course agree with my hon. Friend, about both the benefits of the youth guarantee and the specific impact of the fair repayment rate, which across the country will support 1.2 million of the poorest families, including 700,000 families with children.

• 12 May 2025 · Social Security: Tackling Poverty in Wales · Hansard source

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  This Government are committed to tackling poverty right across the UK. We are reviewing universal credit to ensure that it is doing the job we want it to do: making work pay and tackling poverty. We have already announced that we will improve the adequacy of the standard allowance in universal credit, and we have introduced the fair repayment rate. Alongside that, the child poverty taskforce is exploring all available levers to reduce child poverty in all four nations, including considering social security reforms.

• 12 May 2025 · Social Security: Tackling Poverty in Wales · Hansard source

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  I am sorry to disappoint the hon. Lady, but I am sure she would not want us to produce a potentially inaccurate assessment of the impact on Wales. What I would say—and I am sure that she agrees with this—is that the levels of poverty in Wales are unacceptable, which is a result of 14 years of the Conservative party failing to address the long-term industrial decline of many communities across Wales. I would also say to her that the best way to get people out of poverty is to get them into work, so I am sure she will welcome the recent launch of the inactivity trailblazer in Wales.

• 12 May 2025 · Personal Independence Payment Assessments · Hansard source

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  I would be very happy to have a conversation with the hon. Gentleman about the assessment process and the mandatory reconsideration process, but I would also say to him that I do not recognise those statistics. Indeed, under the current statistics, appeals are down by 16% on the previous year to January 2025. The other point that I would make to him is that while around 20% of applications are subject to a mandatory reconsideration, only around 5% of those are successful.

• 12 May 2025 · Personal Independence Payment Assessments · Hansard source

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  As my hon. Friend will appreciate, the review has only been announced today. There are a considerable number of strands to it that will be led by my right hon. Friend the Minister for Social Security and Disability. What I can tell my hon. Friend is that, as my right hon. Friend the Secretary of State said earlier, that work is beginning this week by reaching out, as is entirely appropriate, to those stakeholder organisations, who will feed in to the purpose and scope of that work moving forward.

• 12 May 2025 · Personal Independence Payment Assessments · Hansard source

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  I am not able to explain the reason for that difference, but I am able to reassure the right hon. Gentleman that we are looking to move away from telephone appointments and return as quickly as possible to assessments made face to face wherever we are able to do so.

• 12 May 2025 · Personal Independence Payment Assessments · Hansard source

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  The Department is committed to ensuring that individuals receive high-quality and accurate assessments. Assessment suppliers are closely monitored using a range of performance measures designed to improve the accuracy of their advice. Independent audits are conducted to maintain high standards, and as part of our pathways to work proposals we are considering recording assessments as standard to increase transparency and build trust in the system.

• 12 May 2025 · Personal Independence Payment Assessments · Hansard source

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  I thank my hon. Friend for raising her constituents’ concerns and say to them that, as my right hon. Friend the Secretary of State said at the beginning of this session, we have this week announced a broader review of the PIP assessment process that I hope in due course, and by working with stakeholders, will be able to give my hon. Friend’s constituents and stakeholder organisations considerable reassurance.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I will not. I took an intervention from the hon. Gentleman on this subject earlier, but I am short of time. [ Interruption. ] Had he stayed for the whole debate, I might have been more willing to do so, but I responded to his earlier invention. In my view, we simply need to enforce existing law. Similarly, new clause 21 seeks to amend the Social Security Administration Act 1992 to introduce an offence of encouraging or assisting fraud. Again, in my view this is unnecessary, because that is covered by the Fraud Act 2006 and the Serious Crime Act 2007. The hon. Member for South West Devon asked for assurance that we would use the powers that we already have. As I said in response to interventions, I have commissioned work in the Department to look at how we can further use the powers that we have; in my view, historically, we have not taken best advantage of them.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I am happy to provide that assurance; the hon. Member has stolen my next line. I can say categorically that this is a data push only. No decisions will be taken as a direct result, other than a decision to look further into an account, and potentially initiate a human investigation, if needed. I want to say a little more about amendments 10 and 12, tabled by my hon. Friend the Member for Poole, which relate to driving licences. He rightly said that welfare recipients may not be able to engage with the Department. For the record, nobody in receipt of benefits or paid through pay-as-you-earn employment will be in scope of the debt recovery powers and therefore of the power to suspend driving licences. Where we do seek to suspend someone’s driving licence, it is worth remembering that this is after we have made at least four attempts to contact them through our debt management team, and at least four further attempts through our debt enforcement team, and we have established their ability to repay by looking at three months’ bank statements. If, when we seek to deduct from that bank account, an individual has removed the funds that we know they have, it is only then that we would look into the possibility of suspending their driving licence. Even then, because this is very much a last resort power, we would seek to agree a repayment plan with them right up until the end. The court would set repayment terms if a driving licence was suspended. It is also worth saying that it is always a suspended decision, subject to compliance with an affordable repayment plan set by the court. As I say, this is a power of last resort. I hope colleagues are reassured to hear of the many steps before we reach that point and, most importantly of all, to hear that the power does not apply to current benefit recipients or anybody paid through PAYE employment. The right hon. Member for Tatton (Esther McVey) mentioned new clause 11 and the publication of pilot scheme results. I would like to clarify for the House that we are not proposing any further pilot schemes as a result of introducing this legislation. Two pilot schemes have already taken place, so we know that our proposals work. We will be adopting a test-and-learn approach so that we can scale things up. The question of whether this mechanism will yield information that is helpful to us in our inquiries was settled by the previous Government.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  The hon. Gentleman is correct that we have a problem with so-called “sickfluencers”, but as we will hear in the debate more broadly, the Government do have existing powers through the Fraud Act 2006 and the Serious Crime Act 2007 to take action in those areas if necessary. He is right to suggest that we should be doing more, and I encourage Conservative Members to reflect on what they did in this space during their period in power. He will be reassured to know that I have commissioned work within the Department to look at what further we can do, but in legislative terms— [Interruption.] I do believe that we have somebody crossing the Floor, Madam Deputy Speaker.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I can give my hon. Friend that assurance and, indeed, that all of our legal obligations have been satisfied as part of the consideration of this Bill. The imperative thing for me as a Minister in the Department for Work and Pensions is that we are supporting those who need the social security safety net, not the fraudsters who pick holes in it.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I have already made clear that I am satisfied with the advice I have received. We will make available all the information we are required to make available, but the right hon. Member will appreciate that I am not able to give an undertaking to release all legal advice at this stage. What I can say to him is that I am very confident that there is no breach of article 8 in particular. That has been explored at length as we have gone through the process. I welcome the ongoing engagement with industry and key stakeholders. We have made a significant effort to engage all interested parties and listen to their views. That feedback has been important in shaping our approach to the Bill to date and will continue to be so as it moves to the other place.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  Information of that nature was published prior to Second Reading and is available to Members. I turn to the amendments and new clauses that attracted the most attention in today’s debate. New clause 1, tabled by the Liberal Democrat spokesperson, the hon. Member for Torbay, pertains to the carer’s allowance. I pay tribute to the millions of unpaid carers across the country. This Government value carers highly, and recognise the vital and valuable contribution they make every day. Like others, I see that in my constituency work, week after week, and I am in awe of all that carers do. This Government inherited a system in which busy carers, already struggling under a huge weight of responsibility, have been left to repay large sums of overpaid carer’s allowance, sometimes worth thousands of pounds. We need to understand exactly what went wrong, so that we can set out our plan to put this right. That is why we launched an independent review of earnings-related overpayments, and we were delighted that Liz Sayce agreed to lead that review, which will investigate how overpayments of carer’s allowance have occurred, what can best be done to support those who have accrued them, and how to reduce the risk of these problems occurring in future. The independent review is under way and is anticipated to conclude this summer. But we are not sitting back; we are taking action now. We continue to review and improve our communication with carers to make it as easy as possible for them to tell us when something has changed in their life that could affect their carer’s allowance entitlement. Moreover, this Government introduced the largest ever increase in the earnings limit since carer’s allowance was introduced; the weekly carer’s allowance earnings limit increased to £196 from 7 April this year. It is now pegged permanently to 16 hours.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  It is my pleasure to bring this Bill back to the House. I start by thanking all Members who have made contributions so far, and extend a special thanks to Members of the Bill Committee, some of whom are present today, for their detailed scrutiny. This Government have an ambitious plan for change. To deliver everything we want to achieve, we must spend taxpayers’ money wisely, which is why we committed in our manifesto not to tolerate fraud or waste anywhere in our public services. The Bill delivers on that commitment. It is part of the biggest crackdown on fraud against the public purse in a generation. Nothing less will do, given the appalling position we inherited.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I assure the right hon. Member on his point with regard to the Scottish Government. However, I will resist new clause 13 because the publication of the DWP’s annual accounts will provide sufficient information about our performance on fraud and error. Government amendment 42 specifies that the functions of the independent person who can be appointed by the Secretary of State in clause 87 do not apply to devolved benefits unless those are delivered by the Secretary of State under agency agreement. Government amendments 60 and 67 will amend the time required for compliance with a production order served in Scotland. That is to match normal conventions in Scotland. Government amendment 43 ensures that the new debt recovery powers taken by the Secretary of State under the Bill apply only to devolved benefits, while the Secretary of State recovers devolved debts under agency agreements. Government new clause 18 and Government amendment 33 are consequential amendments to the Social Security Fraud Act 2001 and ensure that the powers of Scottish Ministers under the 2001 Act are unchanged by the Bill. Government amendments 36, 37 and 38 seek to clarify exemptions in the DWP’s information-gathering powers to deliver the intended policy outcome. A key safeguard in the new DWP information-gathering powers is the exclusion of personal information about users of particular types of free services, such as advocacy and advice services that offer crisis support, for example when someone is fleeing domestic abuse. The intent of the safeguard is to ensure that nobody is deterred from seeking the support they need when they need it. However, the current drafting of that exemption in the Bill as “not for profit” is too broad. That excludes certain information that is very likely to be relevant to a DWP fraud investigation. For example, it prevents the Department from compelling information from housing associations, such as an individual’s address or tenancy, which can be instrumental in proving or disproving a suspicion of fraud.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I am sorry, but I will not. Turning to new clause 10, we want to ensure that the Government have access to a wide, appropriate and proportionate range of debt recovery powers, so that we have multiple methods of recovering money from those who have the means to pay but refuse to do so. However, new clause 10 is not required, as equivalent action is already provided for through existing legislation for the DWP, and by clause 16 of this Bill for the PSFA. Clause 16 clarifies that the PSFA is able to seek alternative civil recovery through the civil courts. In addition, there are direct deduction orders and deduction from earnings orders in the Bill, which could include liability orders. I have largely covered amendment 11. In closing, I want to make a few observations about amendments 8 and 9, tabled by my hon. Friend the Member for Liverpool Wavertree (Paula Barker), but spoken to by other Members. In my view, those amendments would reduce the effectiveness of our debt recovery powers as proposed in the Bill, so I cannot agree to them. I recognise the importance of dialogue with customers all the way through the journey of debt recovery. As I set out in response to the concerns about the revocation of driving licences raised by my hon. Friend the Member for Poole, we will seek to engage with people at all stages of the journey. If we identified any vulnerabilities, we would cease recovery, and at all stages we would look to agree an affordable repayment plan. I hope that I have addressed the majority of the points raised by right hon. and hon. Members, and I thank them again for their contributions. I thank the witnesses who gave their time to the Committee, and those who provided written evidence. Finally, I extend my thanks to the Clerks, the House staff and civil servants who have contributed to the passage of the Bill. For too long, too little effort has been made to get a grip on public sector fraud, resulting in the totally unacceptable levels that we see today. With this Bill, we are taking the powers needed to act and to finally take the fight to the crooks and the con artists, from criminal gangs attacking our welfare system to covid fraudsters who stole from hard-working people in a time of national emergency. This Bill is critical. It will save us billions of pounds, and it is part of a broader package in the Department to save £9.6 billion for the DWP by 2030. I hope that all Members feel able to support it today. Question put and agreed to. New clause 17 accordingly read a Second time, and added to the Bill.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  If the hon. Gentleman does not mind, I will not, as I am short of time. New clause 1 would prevent recovery of carer’s allowance overpayments via the new recovery powers in this Bill, but the DWP would still be able to recover carer’s allowance overpayments through deductions from benefits or through deductions from PAYE earnings. This would place carers in an unequal position in regard to overpayment recovery, with recovery depending on whether they were in receipt of benefits or in PAYE employment. Even if I believed that that was what the amendment intended, suspending recovery of all carer’s allowance overpayments until the independent review has concluded would be disproport-ionate. There are safeguards and protections for those with overpayments, including appeal rights, affordable repayment plans and, in exceptional circumstances, the option to waive the debt. I turn to new clause 21, which the Opposition spokesperson, the hon. Member for South West Devon, spoke to, and I will refer to new clause 8, which proposes to introduce a new offence of fraud against a public authority. In my view, that is already covered by existing offences, making the amendment duplicative and unnecessary. Fraud is already an offence under the Fraud Act 2006, and the common law offence of conspiracy to defraud, regardless of whether the fraud is against public authorities or anyone else, is already in existence. The Government amendments to clause 70 bring together the offences in sections 6 and 7 of the Fraud Act 2006 of “possessing, making or supplying articles for use in frauds”, with the offences of “assisting and encouraging” that are found in sections 44 to 46 of the Serious Crime Act 2007. That allows us to tackle the issue that Committee members were concerned about—influencer-style offences, in which a person provides the knowledge needed to commit a fraudulent act through internet videos or manuals.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I would be very happy to report to the House on the reasons why we would not do that. I am sure the hon. Lady will allow me to write to her separately to set out how I intend for us to do that. It seems to be a reasonable request. Returning to my original point, the current drafting would mean that DWP can compel information of that kind from private landlords or estate agents, but not from housing associations. There is an inequity there that we are seeking to address with the amendments, clarifying the drafting and continuing to protect the personal information of service users of crisis support or advocacy services. The Bill also brings forward new information-gathering powers that govern how DWP-authorised officers can compel information to support an investigation into fraud. It also sets out where information must not be compelled—for example, to protect the long-standing principle of legal professional privilege. Separately, the Bill brings forward powers of entry, search and seizure for DWP-authorised investigators, those tasked with investigating the most serious cases of fraud. It does that by bringing those authorised investigators under the remit of the Police and Criminal Evidence Act 1984 in England and Wales, and by creating similar powers in Scotland for DWP-authorised investigators. That ensures that those investigators are governed by a similar legal framework to other law enforcement bodies that are granted access to use those types of powers. Government amendment 41 seeks to ensure that the exemptions to information that DWP-authorised officers can compel are not applicable to authorised investigators when using powers of entry, search and seizure. Government amendment 45 mirrors that provision for the PSFA. Those amendments will support effective fraud investigation, as without access, crucial evidence might remain out of reach, slowing down our response to fraud. Those exemptions are important, but the Police and Criminal Evidence Act 1984, which applies in England and Wales, already provides such restrictions and safeguards by only enabling that information to be compelled with the approval of the courts, coupled with similar conventions that apply for Scotland. The amendment ensures that there is no duplication. The powers in the Bill remain in line with existing conventions, as set out in PACE, and correctly reflect the norms of the Scottish legal system. Turning to Government amendments 61 to 66, paragraph 10 of schedule 3ZD currently refers to definitions within PACE in relation to special procedure material, confidential professional material, excluded material and items subject to legal privilege. Government amendments 63 and 51 set out specific definitions to avoid linking provisions that relate solely to Scotland with existing legislation that applies to England and Wales. This also ensures that legal privilege and “items subject to legal privilege” references contained in the schedule are correctly defined for Scotland. Government amendments 61, 62, 64, 65 and 66 are consequential to amendment 63. Government amendments 47 and 48 ensure that the powers for the DWP under PACE taken by the Bill in schedule 4 are aligned with those of the police and other Government Departments, such as HMRC, and provide a clear legal framework for what evidence can be seized and how it should be handled. Government amendments 47 and 48 mean that DWP-authorised investigators, such as the police, can seize items that are reasonably believed to be evidence of an offence, not just DWP-related offences, when undertaking entry, search and seizure activities in England and Wales. This will mean that potential evidence of any other offence, if discovered in the course of a search, can be preserved and may be seized where it is considered necessary to prevent it from being destroyed or moved. The amendments ensure that the law is clear on how it must be handled and transferred to the most appropriate law enforcement agency in England and Wales. Government amendments 49, 50 and 59 make similar provisions for authorised investigators in Scotland to those I have just described for England and Wales. Government amendments 57 and 58 clarify how authorised investigators can prevent access to seized evidence from any offence if it may prejudice criminal proceedings in Scotland, by amending the definition of “offence” in schedule 3ZD inserted by schedule 4 of this Act. This mirrors the same provisions that are already in the Bill as it applies to England and Wales. Government amendments 53, 54, 55 and 56 are all minor and technical amendments to correct inconsistencies in terminology. Government amendment 34 is a minor and technical amendment to provide the correct reference to powers in the Social Security Administration Act 1992, to ensure that the powers in Scotland align with those in England and Wales. Government amendment 52 amends the period of time in which a warrant must be exercised to Scotland from three months to one month. This corrects the Bill to ensure that it is consistent with the usual practice in Scotland. Government amendment 70 ensures that the court has the power to order a person, having been disqualified, to provide their NI or EU driving licence, as is already the case for those holding a GB licence, under the new debt recovery powers. The Bill as drafted would allow a DWP debtor who evades payment and holds an NI or EU licence to be disqualified from driving. However, it inadvertently limits the court’s ability to order that person to produce their licence unless it was issued in Great Britain, undermining the power and causing administrative difficulties for the court and the Driver and Vehicle Licensing Agency. Government amendment 70 corrects this and ensures parity between GB, NI and EU driving licences under the powers in schedule 6. Government amendments 73, 74, 77, 78 and 79 ensure that the application and limitation period in clause 99 follows the policy intention that the PSFA can investigate fraud and recover debt in England and Wales. Government amendment 44 also ensures that the DWP’s debt recovery powers in this Bill are not limited in Scotland to the usual five-year time limits in the Prescription and Limitation (Scotland) Act 1973. This makes it clear that the longer 20-year recovery period in Scotland applies to such provisions introduced or amended by this Bill. As I have set out, the intent behind these amendments is to ensure the delivery of the intended policy intent or to ensure the correct territorial application of the Bill.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  With the leave of the House, I thank all hon. Members for their contributions. In the time I have, I will try to respond to some of the points raised. I have listened closely to the concerns set out by Members from across the House, and I will of course ensure that they are taken forward as the Bill progresses to the other place, but today I will resist all non-Government amendments. I will make initial comments in response to several Members, before turning specifically to the nature of the amendments and new clauses. The Opposition spokesperson, the hon. Member for South West Devon (Rebecca Smith), and the hon. Member for Mid Leicestershire (Mr Bedford), said that the Bill builds on the previous Administration’s work to tackle fraud and error. I have to say, I think that is a fairly generous interpretation of that work, not least because, as far as I can see, the previous Government introduced absolutely no powers for the Public Sector Fraud Authority to tackle fraud across the public sector, and, moreover, nothing on debt recovery. The only evidence we can find of any new powers the previous Government sought to introduce is in the eligibility verification space. I accept that they sought to do that, but they did so in a rather botched fashion, which was subject to significant criticism, and with none of the safeguards and oversight in place. We have now built those into the Bill. I absolutely agree with the Opposition spokesperson that the Government cannot be complacent in tackling fraud—and we will not be—but I say gently that, having allowed fraud and error in the welfare system to spiral to £9.7 billion at the time of the last election, the same cannot be said of the previous Government. The Liberal Democrat spokesperson, the hon. Member for Torbay (Steve Darling), spoke of a broken welfare system. I do not want to be drawn into a debate on that, but a broken approach to tackling benefit fraud and error is certainly part of any problem that the Department faces.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I am sure the hon. Member for Torbay (Steve Darling) is grateful to you for that clarification, Madam Deputy Speaker, even if I am not, as Jennie would always be most welcome on this side of the House. I hope that I have reassured the hon. Gentleman that we do have the legislation required to act.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  The right hon. Gentleman will be aware that we lose a total of £55 billion a year to fraud across the public sector; the Bill will recover £1.5 billion. However, it is part of broader measures—certainly on the Department for Work and Pensions side of the Bill —to save £9.6 billion across the forecast period. By the very nature of the changes that we are making with the Public Sector Fraud Authority, we are designing them to be scalable. As the PSFA becomes more familiar with the work it is undertaking, we think that it will be able to save a significant amount more. As I was saying, Madam Deputy Speaker, with benefit fraud alone costing £7.4 billion in 2023-24, this is a major problem that is getting worse, not better. We cannot afford to ignore it, and we certainly do not accept it. Fraud against the public sector is not a victimless crime. Our public services, everyone who depends on them, and the taxpayers who fund them, all suffer. And they are increasingly suffering at the hands of fraudsters who use ever more sophisticated techniques to steal money meant for the public good. The private sector has evolved and adapted its tools and tactics to respond, but, as the scale of the losses that I have just outlined make clear, the same cannot yet be said for the public sector. With this Bill, we will put that right. There will be new powers for the Public Sector Fraud Authority to investigate and deal with public sector fraud outside the tax and social security systems, and new powers for the DWP to modernise its response to fraud and error in the benefit system. As my right hon. Friend the Secretary of State said on Second Reading, this Bill is tough and it is fair. It is tough on the dodgy business people who try to defraud our public services and it is tough on the criminal gangs and individuals who cheat the benefit system. It is fair to claimants who make genuine mistakes, by helping us to spot and prevent errors earlier. And it is fair to taxpayers, who deserve to know that every single pound of their hard-earned money is being spent wisely.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I absolutely agree. Liz Sayce is doing excellent work, and I look forward to seeing the conclusions of her review in due course. Turning to new clause 1, as I have said, the independent review that has been commissioned is expected to arrive at its conclusions this summer. It would be irresponsible for me to commit in advance to implementing all recommendations. As the House will understand, the recommendations will need to be given careful consideration when they are provided to the Department. Moreover, I do not believe that the new clause would have the effect intended.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  I very much agree with the right hon. Gentleman that more needs to be done; what we differ on is the need for specific legislation in that regard. Where we are falling down at present is in the scale of the activity we are undertaking. We could be doing significantly more at the moment, but as I said in response to the previous intervention, I have commissioned work to ensure that that happens. We already routinely contact social media companies to ask them to take down specific posts that could help people to commit fraud against the welfare system. I am very happy to consider practical points, but I am convinced that we have the legislative weaponry required to take the necessary action to deal with people who are encouraging others to commit fraud, both online and elsewhere. Government amendments 23, 24, 39 and 40 bring into scope the kind of information necessary for fraud investigations and enable the PSFA and DWP to compel certain types of special procedure material, including banking records or records of employment, in line with the policy intent. Requesting this type of information is not new for DWP and occurs under its existing powers. The amendments ensure that the PSFA and DWP can compel this information to support fraud investigations, while also ensuring that important exemptions are in place, such as those for excluded material and journalistic material. Government amendments 30 and 31 seek to address two separate issues in respect of clause 67. Government amendment 30 includes a provision in the Bill so that the powers granted to the PSFA under the Police and Criminal Evidence Act 1984—or PACE—by clause 7 of the Bill are exempt from the application of clause 67(5). This will ensure that the clause does not interfere with existing PACE provisions in relation to legal professional privilege, enabling the Bill’s PACE measures to function as intended. Government amendment 31 removes subsection (6) in clause 67, which currently overrides existing self-incrimination protections on the PSFA’s information-gathering powers and PACE powers. This allows the common law principle of the privilege against self-incrimination to apply in the usual way—under the information-gathering powers—and ensures that the proposed PACE powers align with established PACE practices. The amendments ensure that clause 67 provides essential safeguards for the PSFA powers in the Bill related to the processing of information.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

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  The hon. Member will be pleased to know that I can give him that assurance and that we comply with all the Government’s required standards around the publication of such information. Government amendments 25 and 26 relate to clause 9, which amends the Police Reform Act 2002 to extend the Independent Office for Police Conduct director general’s functions to include oversight of public sector fraud investigators, enabling them to consider PSFA’s use of PACE powers and associated investigations. Clause 9 also enables the Minister for the Cabinet Office to issue regulations conferring functions on the director general in relation to these investigations. Section 105 of the Police Reform Act 2002 sets out requirements for such regulations made under that Act. However, section 105 only applies to regulations made by a Secretary of State. As the Cabinet Office has no Secretary of State, this section would not include the regulations that the Minister for the Cabinet Office can make under clause 9. Government amendment 26 corrects that technicality so that section 105 also applies to that Minister. In addition, Government amendment 25 simply removes reference to part 2 of the Police Reform Act 2002 within clause 9(1), as the Bill will refer to the Act more widely, rather than just part 2. Government amendments 48 and 72 provide a clear legislative framework for how the DWP and the PSFA will handle and transfer seized evidence to the most appropriate law enforcement agency, including the National Crime Agency and the Serious Fraud Office. The amendments will ensure that evidence is handled by the organisation best equipped to deal with the specific nature of the alleged crime, fostering inter-agency collaboration and reducing delays to investigations.