Public Authorities (Fraud, Error and Recovery) Bill

Debate between Andrew Western and Jim Shannon

Consideration of Lords amendments
Wednesday 5th November 2025 Commons Chamber

[Andrew Western]

The Public Authorities (Fraud, Error and Recovery) Bill delivers on this Government’s manifesto commitment to safeguard public money and ensure that every single pound is wisely spent. Fraud against the public sector is not a victimless crime. It takes money away from vital public services, eroding trust and harming innocent people. The Bill introduces new powers to enable the Public Sector Fraud Authority to investigate and deal with public sector fraud outside of the tax and social security system, using its expertise to act on behalf of other parts of Government.

The Bill also contains new powers for the Department for Work and Pensions to tackle fraud and error within the social security system, providing much-needed modernisation for our defences. At the same time, it includes significant safeguards, including new independent oversight to ensure the proportionate and effective use of the powers. As we now reach the final stages of the Bill, I am sure colleagues across the House will agree that it needs to receive Royal Assent as quickly as possible, so that we can realise the delivery of the estimated £1.5 billion of benefits by 2029-30.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for bringing the Bill forward and for all the hard work that the Government have done in relation to this. There is one thing that always concerns me. In my office, nearly every week I have people come to me who have inadvertently made mistakes. They perhaps do not understand how the online system works or how the paperwork has to be filled in, and sometimes they have ticked the wrong box and found themselves in a difficult position. This does not take away from those who deliberately defraud and try to get money that they should not be receiving. How can we be absolutely sure that those who make inadvertent mistakes will not find themselves in a difficult position alongside those who have done wrong? How can we ensure that they get the sympathy they need? I know that the Minister will be of the same opinion as me that we must make sure this is done right.

[Andrew Western]

The hon. Gentleman will be aware that it is enshrined elsewhere in legislation that claimant error is recoverable as part of universal credit. I can also assure him that, as part of this Bill, the eligibility verification measure will enable us to identify errors that are legitimate as well as illegitimate—deliberate, shall we say—in order to minimise the level of debt for individuals who have, I accept, done this accidentally and ensure that they are caught earlier. Any overpayments will be smaller as a direct consequence. One advantage of the Bill is that it can minimise suffering for people who have inadvertently made a mistake.

Before I turn to the Lords amendments, I thank my noble Friends Baroness Anderson and Baroness Sherlock who expertly guided the Bill through the other place. I share their appreciation for all the peers who contributed to its detailed scrutiny and their invaluable insights that have helped the Government to strengthen the Bill.

The Government made important changes to the Bill in the other place, and I now ask this House to endorse those Government amendments. They were made to ensure that the Bill delivers its aims and to clarify the operation of the powers, as well as to ensure that the safeguards this Government have introduced are strong and effective. More procedural yet still important amendments have been made to part 2 to reflect the Scottish Government’s position on how the powers should be applied to devolved benefits. Across the Bill, we have made amendments that are more technical in nature, including to reflect the recent Data (Use and Access) Act 2025 and to ensure flexibility in the commencement of certain provisions of the Bill across the different nations of the United Kingdom.

In the interests of time, I will focus my update to the House on the most substantial and pertinent areas, on which there has been extensive engagement with external stakeholders and points have been made by peers in the other place. First, the Government tabled a group of amendments to part 1 to enable the Public Sector Fraud Authority to be merged with another statutory body, rather than necessarily being set up as a stand-alone statutory body, although the power to do so remains. That builds flexibility into the legislation, enabling the PSFA to achieve the aim of separation between investigators and Ministers in future, while avoiding the need to set up an entirely new statutory body if it is not considered proportionate to do so.

Linked to that, I would like to speak to a minor and technical amendment that I propose to make to Lords amendment 75 to schedule 2. Amendment (a) simply ensures that authorised investigators are captured within the regulation-making power set out in schedule 2 if or when the powers conferred under part 1 of the Bill are transferred to another public authority, or if the PSFA is set up as its own statutory body. It does not change the use of any powers laid out in the Bill.

The Government also amended parts 1 and 2 to ensure that the Government must disclose relevant information to the PSFA independent reviewer and the eligibility verification notice independent reviewer. Effective oversight is a critical aspect of this Government’s approach. These amendments do not represent a change in that approach; indeed, they further strengthen the commitments this Government have made to support open and transparent use of the powers. I will return to the point about oversight later in relation to Lords amendment 43.

The Government made several amendments to the debt provisions across parts 1 and 2. Those are a consequence of the extensive engagement by the PSFA and the Department for Work and Pensions with the financial sector, and they clarify important aspects of the operation of the powers, including in situations where a liable person might have a legal deputy managing their affairs. They also strengthen the rights of debtors by ensuring that a deduction order cannot be in suspension indefinitely, and that after a two-year period in suspension, it will not be resurrected. The Government have also responded to the continued confusion that seems to have arisen on the DWP debt recovery provisions in part 2 and who those powers apply to.

The Government have made amendments explicitly stating that a direct deduction order, as outlined in schedule 5, and a disqualification from driving order, as outlined in schedule 6, cannot be made where the person is entitled to and in receipt of a benefit from the DWP. That clarifies the existing intent that these powers are only for use with those who are not on benefits where the money cannot be recovered from a payslip and where the person can afford to pay and is refusing to do so. I remind the House that this power addresses an important point of fairness. It cannot be right that those who can pay money back can avoid doing so, and the amendments underline that point.

The Government also acted to strengthen the legislative safeguards around the use of the eligibility verification measure. I remind the House that that measure simply enables the DWP to ask financial institutions for limited data that will help the Department to identify incorrect payments and verify eligibility for specific benefits. The amendments made by the Government in the other place will introduce an explicit, necessary and proportionate test before an eligibility notice can be issued, and clarify the purpose for which an eligibility notice can be issued to only assisting in identifying incorrect payments. That puts the existing policy intent in the Bill. Again, I will return to the eligibility verification measure when I address Lords amendment 84.

I turn to the other amendments made in the other place. We welcome the challenge and scrutiny provided by peers’ contributions, but we cannot accept changes that risk undermining the powers. The Government’s position will continue to reflect that, including in our amendments in lieu. First, Lords amendment 1 would give the Minister for the Cabinet Office the power to initiate an investigation when they consider it necessary in the public interest. [Interruption.] Just so that he is sure of that power, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Makerfield (Josh Simons), has joined me on the Front Bench.

We are proposing technical changes to Lords amendment 1 through amendments (a) and (b) in lieu. Those changes will give the Minister for the Cabinet Office the power to initiate an investigation when they consider it necessary in the public interest. The other place asked us to go further than the original drafting of the Bill allowed, and our amendments show that we have listened. The Government believe that it will almost never be necessary for the Minister to exercise that new power because of the collaborative approach in the normal working of government, but it will be available if there is a genuine need.

Our amendments in lieu also make consequential changes to clause 2 to preserve the intention that the PSFA should not take on matters assigned to the Secretary of State with responsibility for social security or His Majesty’s Revenue and Customs. The reason for that is that the DWP and HMRC already have well-established functions and frameworks to tackle social security and tax fraud. Of course, it goes without saying that both Departments may still collaborate with the PSFA if a fraud crosses many departmental boundaries.

I turn now to Lords amendments 30 and 31. The Government wholeheartedly agree that the measures in part 1 of the Bill are powerful and must be used with care. We agree that staff must be appropriately trained before they are able to use these powers, and that robust oversight—both internal and external—is essential. Our amendments (a), (b) and (c) in lieu mandate statutory guidance and a new reporting requirement, and set internal record requirements. The amendments in lieu ensure strong ministerial and parliamentary oversight of the powers, as was called for by the other House, without involving Ministers unnecessarily in operational decisions.

The statutory guidance will detail how the Minister will exercise the function of investigating suspected fraud against public authorities. It will outline structures of internal oversight, the delegation of powers, standards for the training and appointment of all authorised officers and investigators, and the PSFA’s collaboration with an independent reviewer. New reports will be prepared following the end of each financial year and laid in Parliament by the Minister, stating how many times the investigation and enforcement powers in part 1 have been used. There is now a requirement in the Bill for the PSFA to keep internal records of the use of those powers, available for scrutiny by an independent reviewer. Together, those measures ensure that Ministers are accountable for the use of the powers, and show how they are delegated. In places, they build on processes that would already have been in place, but we have put them in the Bill.

Let me move on to part 2 of the Bill, focusing first on Lords amendment 84 on the treatment of information obtained under an eligibility verification notice. Although I understand the intent of the other place, I cannot accept the amendment as drafted, and I urge Members instead to back Government amendments (a) and (b) in lieu.

Lords amendment 84 risks compromising the weight that the DWP may be able to attribute to information obtained through an eligibility verification notice. The Government have been clear that EVM information on its own has no tag of suspicion attached, and that the DWP must look within its own systems first and check for any inconsistency before taking further action. However, depending on the information held, EVM information may form an important part of any further action. We must not compromise that. The amendment also risks legislating for a person’s state of mind—in this case, that of a DWP-authorised officer. That is something that we should avoid where we can. It is far better to focus legislation on the actions that must or must not take place following receipt of EVM information.

The second part of the amendment, relating to the seniority of staff who must review EVM information, risks undermining the existing public law principle that staff at DWP take decisions on the Secretary of State’s behalf. There is also uncertainty about what would constitute a suitably senior person. In any case, the Secretary of State must be satisfied that officials are suitably trained and experienced to take decisions on their behalf.

Government amendments (a) and (b) in lieu of Lords amendment 84 seek to address those risks and build on the amendments that the Government tabled on Report in the Lords. They more accurately reflect the policy intent and focus on the actions that DWP staff must take following receipt of EVM information. The amendments in lieu clarify that where the DWP has received EVM information, it must also have regard to all other relevant information that it holds before taking further actions.

First, the amendments in lieu require an authorised officer to consider all information held that is relevant to the question of whether to issue an information notice, as well as the relevant EVM information, before issuing the notice under the Department’s investigatory powers. Secondly, they require a DWP agent to consider all information held that is relevant to the question of whether to suspend a payment, as well as the relevant EVM information, before suspending that payment. Finally, they require a DWP agent to consider all information held that is relevant to the question of whether to change an earlier benefit decision, as well as the relevant EVM information, before making that change.

I believe that our amendments succeed in offering the necessary reassurances about the way individuals within the DWP will take decisions once EVM information is received by the DWP—namely that no decisions will be made using EVM information in isolation—and I therefore urge hon. Members to back them.

Oral Answers to Questions

Debate between Andrew Western and Jim Shannon

Monday 1st September 2025 Commons Chamber

[Andrew Western]

My hon. Friend is entirely right to raise this issue. We will look at that, working closely with the Department for Education, as part of the child poverty strategy. We of course share her ambition to ensure that families can claim the support that they need. Our expansion of free school meals to all children in households claiming universal credit will make it much easier for parents to know if they are eligible, as well as lifting some 100,000 children out of poverty.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his reply; as always, he is very positive in his responses. He referred to the anti-poverty strategy. What discussions has he had about the anti-poverty strategy for us in Northern Ireland? Levels of poverty and mental health issues have risen dramatically, and young people in particular are under great pressure. The Minister is always compassionate and understanding; what is he doing in relation to the Northern Ireland Assembly to make things better for us as well?

[Andrew Western]

The hon. Gentleman will understand that we want this strategy to be for England, Wales, Scotland and, of course, Northern Ireland. He will be reassured to learn that those leading on the child poverty strategy have held a number of meetings with Ministers in Northern Ireland to ensure that its specific needs are taken into consideration.

Child Maintenance Service

Debate between Andrew Western and Jim Shannon

Wednesday 26th February 2025 Commons Chamber

[Andrew Western]

I thank my hon. Friend for his intervention. He has a long history of working not just on CMS issues but on child poverty more broadly, and his expertise is of great value to the House. I will say a little more about domestic abuse and financial abuse later in my contribution, but I reassure him that the focus we had in the consultation on the proposed abolition of direct pay was intended as a specific response to that issue. I have seen appalling examples in cases that have crossed my desk as a Minister of people who can message their former partner in the form of a comment on a bank transaction. They will transfer a penny—they have a direct payment in place—along with an abusive term or some form of triggering harassment of a former victim of theirs. That shows that while a parent may have moved away from that unsafe and dangerous environment, they are never fully away when direct pay is engaged.

[Jim Shannon]

rose—

[Andrew Western]

I can see the hon. Member for Strangford (Jim Shannon) trying to come in. I will beat him to it and give way.

[Jim Shannon]

I thank the Minister. I expect that we will have a positive response from him to the hon. Member for St Neots and Mid Cambridgeshire (Ian Sollom) and all the queries, because that is what we get from the Minister we have in front of us.

One of the things that really frustrates me—it frustrates us all—is whenever one of my constituents comes to me and says, “I get a different person every time I phone up. I have to tell them the same story over and over again, and then you go back two weeks later and the person you were speaking to is away as well.” There must be some way in the Department for Work and Pensions that we can have a specific case officer who looks after something, and they need to respond to that person. I know that the Minister understands these things, but, honestly, it is so simple to sort out—at least, it seems to me to be simple. We really need something on behalf of all our constituents.

[Andrew Western]

I absolutely understand the point that the hon. Gentleman is making. With specific reference to named caseworkers, initially for victims of domestic abuse, I will have something further to say that I think he and all hon. Members will welcome, but I take his more general point.

If I may make some progress, turning to direct pay and domestic violence, financial abuse and so on, the proposals also sought views on collection fees and explored how victims and survivors of domestic abuse can be better supported. That is so important given the issues raised by the hon. Member for St Neots and Mid Cambridgeshire and the case he cited of his constituent. Overall, work is ongoing to establish the steps needed to really improve the service, taking account of the views of parents. Those will be set out in the response to the consultation. I appreciate that he would like that to be as soon as possible; I will take that away.

To drill down on the issue of domestic abuse, the scale of violence against women and girls in our country is intolerable, and the Government will treat it as the national emergency that it is. Our manifesto included the mission to halve violence against women and girls in a decade—we were right to do so—and I and all Ministers are focused on making that a reality. If I may, I will therefore say a little about the support that should be available. If the hon. Member wants to share specific details of the case that he referenced with me, I will take that away. The support that should be available is extensive and runs contrary to what clearly happened in the case that he outlined.

We have overseen progress in providing support, with the continued roll-out of an operational team to deliver targeted support to parents subjected to the most challenging and complex domestic abuse. The team provide a tailored and discrete service to customers, which is incredibly important, giving regular progress updates. They can and do assign a named caseworker to prevent customers having to re-tell their story at each interaction. As the hon. Member for Strangford (Jim Shannon) was saying, that can be incredibly stressful for parents using the service. Caseworkers are trained to identify and refer appropriate cases within the collect and pay service to that team. More generally, the CMS consulted on a diverse range of stakeholders to review its domestic abuse training for all frontline CMS staff to ensure that caseworkers understand, recognise and respond appropriately to customers who are experiencing domestic abuse or who are survivors of domestic abuse.