Speeches by Smith.

“It is a pleasure to serve under your chairmanship this morning, Mr Western. As we have just heard, Liberal Democrat amendments 37 to 42 would mean that, before appointing an independent person, the Minister had to consult a Committee of the House of Commons nominated by Mr Speaker. Amendments 38 to 42 seek to replace a…”

“Apologies, Mr Western, because I probably should have spoken to clause 75 stand part when I made my earlier remarks—it was just 9.20 am. Thank you for letting me speak now. As we have discussed, clause 75 amends the Social Security Administration Act 1992, adding provisions for a review of the powers given through clau…”

“The DWP has fewer powers than other organisations, such as His Majesty’s Revenue and Customs and the Gangmasters and Labour Abuse Authority, which are tasked with investigating economic crime. We know that it does not have the power to arrest or to conduct search and seizure. Clause 76 will allows DWP-authorised invest…”

“Clause 81 amends the Criminal Justice and Police Act 2001 to deal with situations where authorised investigators cannot ascertain whether an item or material contains information relevant to that search, such as when dealing with large volumes of materials or files or electronic devices. That material therefore may nee…”

“I thank the Minister for outlining the plans around the clause, which would establish the definition of a “DWP offence” to allow any offence relating to a benefit payment, credit or grant that the DWP administers to be included under the new information-gathering powers. It would also include offences related to nation…”

“Clause 85 sets out that DWP’s actions under part 5 of the Social Security Administration Act 1992 must comply with existing laws relating to the use of data and with the existing protections to protect confidential data and data prohibited under the Investigatory Powers Act. I have a brief question before I move on to …”

“Clause 86 inserts the provision for the DWP to retain the ability to issue an information notice and receive relevant documents by post. The Minister will be pleased to hear that he has answered my questions. The only thing I would ask is: how often does he expect information notices to be issued digitally? I suppose t…”

“Clause 87 provides for DWP investigation activity to be inspected and evaluated by an independent person or body. The Secretary of State will be able to appoint someone to inspect DWP criminal investigations, and to provide written reports and recommendations to the Secretary of State, which must be published and laid …”

“I thank the Minister for answering those questions. The lack of stipulation on timeframe, frequency and so on begs the question of why this provision is in the Bill. Ultimately, what will trigger a review? That is the bit we probably have not touched on. Who will say to the Secretary of State, who no doubt is an incred…”

“Clause 88 sets out the mechanism for the recovery of non-benefit payments. This applies when a person misrepresents or fails to disclose a material fact, and as a consequence they or another person receives a non-benefit payment, or an amount of a non-benefit payment, that they would not otherwise have received. Subsec…”

“I was hasty in putting down my notes and I realised I left out a bit, so thank you for humouring me, Mr Western. Clause 88 also sets out that there is a right of appeal to the first-tier tribunal against the notice, unless it has been revoked on review. We welcome the ability to appeal to the first-tier tribunal, but c…”

“It is a pleasure to serve under your chairmanship again, Sir Jeremy. Clause 89 sets out how money is to be recovered. It specifies that the Secretary of State cannot recoup the money from someone’s bank account or disqualify them from driving until they have given the liable person a reasonable opportunity to settle th…”

“In terms of the Cabinet Office powers that we debated under part 1 of the Bill, I think we are not comparing apples and apples; we are comparing apples and pears. I am not the Government, so it is not my Bill, but ultimately we have heard the figures—indeed, I have shared the significant amount of fraud we are talking …”

“Clause 90 makes provision for recovery of social security debts directly from the liable person’s bank account. That power is broadly similar to powers contained in the Child Support Act 1991 and the Finance (No. 2) Act 2015, which enable deductions to be made directly from the liable person’s bank account without a co…”

“Does the Minister agree that, on freedom of expression and those protected characteristics, we must do all that we can within policy to avoid a hierarchy where some of those protected characteristics are inadvertently—or perhaps at times deliberately—considered to be more important than others, and that it is essential…”

“Clause 91 makes provision for a liable person to be disqualified from driving. Any disqualification from driving will always be suspended in the first instance, subject to the liable person complying with what the court has assessed to be affordable and reasonable payments. When disqualification does occur, it is tempo…”

“Amendment 22 is self-explanatory and I assume it is not something the Minister will be interested in, but we thought it was worth seeing what conversation could be had around it. Ultimately, it is as it is written and we are interested to hear the Minister’s response.”

“That relates to what I was going to say on amendment 43, had we got to it. I entirely appreciate what the hon. Member says about dealing with the vulnerable and protecting them from undue expectations, but is it not right that, if someone’s bank account goes overdrawn, they pay those charges regardless of their financi…”

“I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.”

“Schedule 5 makes provision regarding direct deduction orders from bank accounts. These can be regular or lump sum. The Secretary of State may make a direct deduction order in respect of a joint account only if the liable person does not hold a sole account in respect of which a direct deduction order may be made that w…”