Welfare Reform Bill

My Lords, this group of amendments deals with the sharing of data between the DWP and the Crown Prosecution Service on the one hand and the DWP and local authorities on the other. They build on the good practice and precedent that has been developed in the department and debated regularly by your Lordships to ensure that DWP information is used and reused efficiently, effectively, legally and securely. Amendments 107A, 107B and 118A relate to data sharing between the DWP and the CPS and set out the legal basis for sharing information with the CPS in order for it to prosecute social security fraud. They also set out the manner in which the CPS can use that information. The DWP fraud and error strategy was published in October 2010 and the single fraud investigation service originated from that strategy. This will have two effects. First, it will bring together all elements of local authority, DWP and HMRC fraudulent benefit investigations. Secondly, it will result in an increase in the amount of DWP prosecutions handled within DWP’s prosecution division. This increase in the number of cases to be dealt with, the need for us to react flexibly to new requirements emerging from new social security benefits and provisions, and the emergence of the single service have led our prosecution division to review its capability. This in turn has led to the conclusion that the service would be provided more effectively if it were to be transferred to the Crown Prosecution Service. Specifically, there are three data-sharing amendments that relate to this. Amendment 107A sets out what information may be shared and what restrictions will apply to the CPS when using that information. Amendment 107B places the same onus on CPS staff as exists for all DWP employees when handling personal data and imposes a penalty clause that may be invoked in cases of unlawful disclosure. Amendment 118A deals with the extent of the legislation in that the CPS operates only in England and Wales, so these provisions are not being extended to cover cases dealt with by the prosecuting authorities in Scotland and Northern Ireland. Examples of the information that will be exchanged between the DWP and the CPS include files for consideration for prosecution and the execution of those duties. However, the DWP has a very wide range of legal requirements that relate to investigating and prosecuting fraudulent offences. To bridge the information gap that arises because the work was previously wholly contained within the DWP, the staff currently employed in the department’s prosecution division will be redeployed into the CPS. I assure your Lordships of our continuing commitment to handling personal information with the same level of protection that is currently standard within DWP. The provisions in Amendment 107B replicate the legislation in the Social Security Administration Act 1992 for all DWP employees and guarantees that the level of confidentiality with which the DWP handles the personal information of its customers is extended to those who will be handling and disposing of prosecutions on behalf of the DWP in the future. In making these amendments, the DWP has consulted and negotiated with officials in the Attorney-General’s Office and the Crown Prosecution Service to ensure that the provisions are not unduly onerous. The CPS agrees that these amendments are necessary to provide it with a formal legal basis and to support the roles that each department will play in meeting the Government’s continued commitment to drive down fraud and error in the benefit systems. The remaining amendments in this group, Amendments 108 to 112A, to Clauses 126 and 128, replace and expand existing data-sharing provisions between the Department for Work and Pensions, local authorities and others such as the service providers of local authorities. Current legislation allows social security data to be shared between the DWP and local authorities for housing benefit or certain welfare services purposes without requiring individual consent. By widening the category of welfare services, local authorities will be able to make it easier for those with particular needs, such as people on low incomes, or elderly and disabled people, to receive the services to which they are entitled. We intend to use this provision to share data in relation to schemes such as blue badge parking permits, disabled facility grants and the provision of domiciliary and residential care services. As our thinking on new data-sharing arrangements has developed, it has become apparent that we may want to exchange information about any social security benefit, and so the amendments to Clause 126 will remove the need to list every individual social security benefit separately. By amending the definition of ““relevant information”” to include ““any relevant social security benefit”” it will be easier to understand the benefits that the new provisions cover and will avoid the need to make amendments in the future should the list of benefits change. The amendment to Clause 128 removes the definitions of income-based jobseeker’s allowance and income-related employment and support allowance, as neither of these is required following the amendments to Clause 126. I beg to move.