Asked by: Lord Sikka (Labour - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government, further to the remarks by Lord Offord of Garvel on 13 May (HL Deb col 456), what were the titles of the cases prosecuted by the Department of Work and Pensions against postmasters in England and Wales, and in each case what was (1) the date of proceedings, (2) the location of the court, and (3) the outcome.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The Department is aware of 61 Post Office members of staff who were prosecuted by DWP between 2001 and 2006. Each of the cases involved welfare-related fraud offences. In most cases this involved encashment of stolen benefit payment order books. There is no evidence that any of the cases prosecuted by DWP relied on the Horizon system. They followed lengthy, complex investigations, relying on multiple sources of evidence.
Until 2012, DWP prosecuted its own cases. The cases were handled by DWP Solicitors who would instruct Counsel to represent DWP at Court. In March 2012, the prosecutorial function of the DWP was assigned to the Crown Prosecution Service.
In the early 2000’s the Department moved to paying benefits automatically into people’s bank accounts which significantly reduced the opportunity for benefit fraud, including potential offences by Post Office staff.
To assist, please find attached a table setting out the information the Department holds for each of the 61 cases. The information includes the date of conviction, the location of the court, and the sentence (outcome) for each of the 61 cases.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government whether they intend to publish a list of the cases of sub-postmaster prosecutions which have been initiated by the Department of Work and Pensions between 1999 and 2018 and subsequently passed to the Crown Prosecution Service; and the outcome of each of those cases.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The Department is aware of 61 Post Office members of staff who were prosecuted by DWP between 2001 and 2006. Each of the cases involved welfare-related fraud offences. In most cases this involved encashment of stolen benefit payment order books. There is no evidence that any of the cases prosecuted by DWP relied on the Horizon system. They followed lengthy, complex investigations, relying on multiple sources of evidence.
Until 2012, DWP prosecuted its own cases. The cases were handled by DWP Solicitors who would instruct Counsel to represent DWP at Court. In March 2012, the prosecutorial function of the DWP was assigned to the Crown Prosecution Service.
In the early 2000’s the Department moved to paying benefits automatically into people’s bank accounts which significantly reduced the opportunity for benefit fraud, including potential offences by Post Office staff.
To assist, please find attached a table setting out the information the Department holds for each of the 61 cases. The information includes the date of conviction, the location of the court, and the sentence (outcome) for each of the 61 cases.
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Department for Work and Pensions:
To ask His Majesty's Government what plans they have to revise (1) the limits on earnings and the number of hours that can be worked, and (2) the rate at which earnings above those limits can be reclaimed, for those in receipt of Carer’s Allowance.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The Government recognises the challenges unpaid carers are facing and is determined to provide them with the help and support they need and deserve. It is looking closely at how the benefit system currently does this.
Universal Credit provides support to carers on low incomes, whether they are in paid employment or not. Carer’s Allowance, by contrast, is available to all unpaid carers, provided they are not in ‘gainful employment’. This is currently defined as having earnings not exceeding £151 a week net of allowable expenses. This level is reviewed annually alongside the Secretary of State’s statutory review of State pension and benefit rates. Many Carer’s Allowance recipients are in households also receiving Universal Credit, where the structure of tapers and work allowances (where applicable) effectively takes precedence over ‘gainful employment’ test in Carer’s Allowance.
With respect to overpayments of Carer’s Allowance due to the interaction with earnings, the Government is moving quickly to understand exactly what has gone wrong so that it can set out its plan to put things right.
Asked by: Baroness Bennett of Manor Castle (Green Party - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government what assessment they have made of the human, animal welfare, and environmental impacts of the use of aluminium phosphide in pest control, and whether they plan to further restrict its use.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The Health and Safety Executive (HSE) is the body responsible for the regulation of biocidal products, such as aluminium phosphide. Aluminium phosphide is approved under the GB Biocidal Products Regulation (assimilated Regulation (EU) No 528/2012) for use in pest control products against rodents and other vertebrates.
These products are restricted to professional users holding specific accredited qualifications in the use of such products. These products are permitted only for a very limited number of uses and with strict control measures in place.
Approval was granted following a detailed scientific assessment of the potential risks from the use of this chemical, which showed that there are no unacceptable risks to people, animals or the wider environment when products are used correctly in accordance with the restrictions and control measures placed on the products.
Biocides are subject to periodic reviews to ensure risk assessments remain up to date. Aluminium phosphide is currently undergoing this process, and if the review identifies that any changes are required, suitable regulatory action will be taken by HSE to implement these.
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Department for Work and Pensions:
To ask His Majesty's Government what assessment they have made of the report, Carer’s Allowance Overpayments, published by Carer’s UK on 26 July.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The Government recognises the invaluable service provided by the millions of unpaid carers across the country who provide care and continuity of support for vulnerable people every day. It recognises the challenges they face and is determined to provide them with the support they deserve.
The Government welcomes the report published by Carers UK, and is considering its findings. Ministers were pleased to meet with the organisation, and with carers, to discuss the issues raised shortly after publication of the report.
More broadly, in respect of overpayments of Carer’s Allowance, the Government is moving quickly to understand exactly what has gone wrong so that it can set out its plan to put things right.
Asked by: Baroness Bennett of Manor Castle (Green Party - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government what assessment they have made of the impact on non-target species of the use of difenacoum, bromadioline, brodifacoum, flocoumafen and difethialone as rodenticides.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
The active substances difenacoum, bromadiolone, brodifacoum, flocoumafen and difethialone, collectively referred to as Second Generation Anticoagulant Rodenticides (SGARs), are approved under the GB Biocidal Products Regulation (GB BPR) (assimilated Regulation (EU) No 528/2012) for use in pest control products against rodents.
The Health and Safety Executive (HSE) is the body responsible for the regulation of biocidal products, such as rodenticides, and undertakes rigorous scientific evaluation of biocidal products and active substances before allowing them to be placed on the market.
Risk assessments carried out by regulators, including HSE, have shown that SGARs present a higher risk to non-target species than would normally be acceptable. However, it is recognised that alternative methods of rodent control may have limitations or may not always be suitable to tackle rodent infestations. Under GB BPR products with unacceptable levels of risk may still be authorised if it can be shown that the negative impact on society of not allowing their use would outweigh the risks of using them, as is the case with SGARs.
An industry led stewardship scheme is in place in the UK for professional use of SGARs, with the key aim being to reduce the exposure of non-target wildlife to SGARs. Stewardship is overseen by a Government Oversight Group (GOG) led by HSE with representatives of other government stakeholders. The GOG receives annual reports on the residues of SGARs that are detected in barn owls (the sentinel species for rodenticide stewardship). The GOG keeps the rodenticide stewardship scheme under review, and one of the areas under consideration is extending the monitoring of SGAR residues to other species.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government whether the Department of Work and Pensions has transcripts of court judgments and accompanying documents for all cases related to the prosecution of sub-postmasters that they have initiated.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
Transcripts of court judgments are available upon application HMCT, DWP does not hold transcripts of court judgments. The DWP case files referred to in the question have been destroyed in line with data protection legislative requirements.
Asked by: Chris Hinchliff (Labour - North East Hertfordshire)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will make an assessment of the potential (a) financial cost and (b) impact on levels of child poverty of introducing a child element of Universal Credit of (i) £287.92, (ii) £191.95 and (iii) £143.96 for (A) third and (B) further children.
Answered by Alison McGovern - Minister of State (Department for Work and Pensions)
We are committed to tackling child poverty and are introducing free breakfast clubs in every primary school to ensure children are fed a nutritious breakfast and are ready to learn. The new Ministerial Taskforce will drive cross-government action on child poverty, starting with overseeing the development of our ambitious new strategy in line with the Opportunity Mission.
After initial engagement, the formal work to develop the new child poverty strategy will begin and we will publish a Full Terms of Reference in the coming weeks. We will explore how we can use all the available levers we have across government and wider society to drive forward the change our children need.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government what is the estimated annual cost of abolishing the two-child limit, with respect to (1) Universal Credit, and (2) Child Tax Credit.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
No recent estimates have been published but external estimates are available. Tacking child poverty is at the heart of this Government's mission to break down barriers to opportunity. Our new Ministerial Taskforce will oversee the development of an ambitious strategy to reduce child poverty, tackle its root causes, and give every child the best start to life.
Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Department for Work and Pensions:
To ask His Majesty's Government how many staff in the Department for Work and Pensions are permitted to undertake diversity-related network time during core working hours; and what is the percentage of overall working time they are permitted to spend on such network activity.
Answered by Baroness Sherlock - Parliamentary Under-Secretary (Department for Work and Pensions)
Currently 7 National Equity, Diversity and Inclusion Networks are given pro rata time allocation to support respective network activity.
Time allocation
The National EDI Network Co-Chairs have a 25%-weekly time allocation and the Strand Lead/Board Member/Committee roles have a weekly 10%-time allocation. Each Network can recruit up to 10 Committee members (please note that not all Networks have up to 10 Committee members).
7 National EDI Networks with allocated time equates to:
1 x 25 % time allocation 37- hour week contract equates to 9.25 hours for each co-chair or 18.5 hours for both per week or 962 hours year for each of them
1x10% time allocation 37 – hour week contract equates to 3.7 per committee member, or for each committee member 10 x 10 % equates to 37 hours a week or 1,924 hours annually for all members of a Committee.
Across all 7 Networks:
*note that not all Committee roles are filled.
Cross Civil Service Networks
Alongside DWP EDI Networks there a number of cross Civil Service Networks. DWP colleagues who take up the role of Co-Chair for a recognised cross government EDI Network can receive 5% time allocation to carry out their duties. Colleagues are welcome to be a member of any Staff Network but are only able to receive time allocation for one role on an EDI Network at any time.
The 2 chairs of the Civil Service LBGT+ Network both sit in DWP. They have 37-hour week contracts and 5% of this equates to 1.85 hours each a week – or 96.2 hours a year for each them.