Public Authorities (Fraud, Error and Recovery) Bill

Ann Davies Excerpts

Report stage & 3rd reading
Tuesday 29th April 2025 Commons Chamber

[Siân Berry]

There is a lot I could say, but I will mainly just commend to Members my new clause 7, which would remove official error from the most punitive measures in the second part of the Bill. I spoke against the whole suite of intrusive legislation in the second part of the Bill on Second Reading, and Green MPs still oppose it now. I was pleased to serve on the Public Bill Committee, and I will be supporting a number of other amendments that I also backed there, alongside the hon. Members from both sides of the House who proposed them. On Second Reading and in Committee I described how the Bill treats already stigmatised benefit claimants as suspects, not citizens, through blanket intrusion and surveillance. It is absolutely wrong that this legislation should go through in this form. I think the first part works, but the second part is absolutely out of order.

New clause 7, tabled in my name, is about fair play. It would bring a test for the recovery of universal credit overpayments caused by official error into line with regulation 100(2) of the Housing Benefit Regulations 2006, so that they could be recovered only where the claimant could have reasonably been expected to realise that there was an overpayment. Let us be in no doubt, mistakes by the DWP can have huge financial and psychological impacts on people who are receiving benefits, and the risk of harm is particularly acute with official error overpayments, which individuals have no way of anticipating. I point out that new clause 7 is equivalent to an amendment proposed by Labour Front Benchers during the passage of the Welfare Reform Act back in 2012, when the Government first started to recover universal credit overpayments.

Turning to a few of the other important amendments before the House today, I restate my support for amendments 2 and 5, in the name of the hon. Member for Torbay (Steve Darling). These seek simply to remove the totally indefensible bank spying powers. I express my support for amendments 10 and 12, in the name of the hon. Member for Poole (Neil Duncan-Jordan), which rightly seek to do away with the driving disqualification powers, which I have previously opposed. I also put on record my support for amendment 11, also in the name of the hon. Member for Poole, which rightly limits the banks’ spying powers to cases with existing suspicion of wrongdoing. I am pleased that the hon. Member for Liverpool Wavertree (Paula Barker) has taken forward amendments 8 and 9, which I tabled in Committee. My Green party colleagues and I will also be voting for new clause 1, in the name of the hon. Member for Torbay, on carer’s allowance and lessons learned.

It matters when we treat people who need a safety net as suspects. It matters when Governments invade privacy with a blanket intrusion that affects older people, disabled people and other minorities in a disproportionate way. And it matters that the powers proposed today extend to impoverishing citizens and punishing them for our own Department’s mistakes. Treating people with humanity and due process should be the default setting, not these intrusive new blanket laws, and I hope that Parliament will ask Ministers to dial up the competence, dial down the stigma and think again.

[Ann Davies (Caerfyrddin) (PC)]

Over the past few months, it has been one thing after another for the vulnerable, the sick and disabled people. The recently announced cuts to welfare will affect 6% of the population in Wales, according to Policy in Practice, punishing the sick and disabled. This Bill adds to that punishment by increasing state financial surveillance of welfare recipients. It is full of intrusive measures, from granting access to three months of bank statements, to allowing direct deductions from bank accounts without court orders and providing police with powers under the Police and Criminal Evidence Act 1984 to enter and search a property. That is not just my opinion: numerous charities and organisations from Age UK to the Child Poverty Action Group support Big Brother Watch’s recommendation to oppose eligibility verification powers under clause 74, for example.

Similar powers were proposed by the previous Conservative Government and considered a potential breach of privacy under the Human Rights Act. Labour MPs at that time were among critics of those powers. It is disappointing to see so few Labour MPs here today, but I thank those who have once again spoken up. I am glad to see amendments, including amendments 8 and 9 tabled by the hon. Member for Liverpool Wavertree (Paula Barker) and amendment 11 tabled by the hon. Member for Poole (Neil Duncan-Jordan), that seek to address such concerns, including by limiting or removing powers to compel banks to provide sensitive financial information.

Even the thought of this provision is causing real anxiety and distress, such as for my constituent Simon Mead and his family. Mr Mead’s daughter, who receives PIP due to the long-term effects of brain cancer as a child, and his son, who suffers from psychosis and schizophrenia, are extremely worried about the Government accessing their private financial decisions. It is already affecting their day-to-day life and decisions. When I wrote to the Government outlining Mr Mead’s concerns before the Bill was published, I was told that the Bill is

“not designed to cause distress or to undertake covert surveillance of disabled people, or any benefit claimant”.

Well, that is obviously not the case, is it?

Combined with restricting winter fuel payments, the refusal to abolish the two-child cap and the sweeping welfare cuts, many vulnerable and disabled people genuinely feel that they are being disproportionately targeted. This is a reality that the Labour Government must accept and address. The Bill further stigmatises people who we are supposed to protect—those who are entitled to state support—who are already suffering following recent UK Government decisions. As Members of Parliament, it is our job to better people’s lives and ensure that everyone in our community feels supported. We are here to serve and to serve all our constituents, which includes the vulnerable, the elderly, the disabled and the infirm. We are not here to cause further distress and hardship. We need to ensure that constituents have access to the help and services they need. Sadly, this Bill does the opposite.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

That is the end of the Back-Bench contributions. We come to the Front Benches and first the shadow Minister.