Neil Coyle
I just want a clarification on the waiver process. Do the Government intend to make it the case that a local authority has to seek permission from a Minister in the Department to honour a legally decided case of discrimination and make the payment that a court has ordered? Is that the process that local authorities and other public bodies will have to follow?
Steve Barclay
That is a very valid question. In a whistleblower case, for example, there is no requirement on the local authority to submit a business case for approval. There are mandatory causes for exemption. However, where a discretionary exemption is sought, such as on a restructuring, it is necessary to submit a business case.
[Official Report, 21 September 2020, Third Delegated Legislation Committee , c. 7.]
Letter of correction from the Chief Secretary to the Treasury, the right hon. Member for North East Cambridgeshire (Steve Barclay):
An error has been identified in my response to the hon. Member for Bermondsey and Old Southwark (Neil Coyle).
The correct response should have been:
Steve Barclay
That is a very valid question. A whistleblower case, for example, does not require submission of a business case to HMT for approval. There are mandatory causes for exemption. However, where a discretionary exemption is sought, it is necessary to submit a business case to both the department and HMT.