My Lords, I thank the Minister for her explanation of these amendments and her kind remarks. As has been noted, we had an extensive debate around data matching when the Bill was originally before us, prompted in particular by concerns that data matching undertaken by the Audit Commission under its audit powers would be lost with
the demise of the Audit Commission. These powers were not covered by data-matching powers exercisable for the prevention and detection of fraud. Nor were they included in the list of items which, after due process, could be added to those powers. We pressed the case to add data matching for the purpose of detection of maladministration and error to the list of those powers which could be introduced. As the Minister has explained, we highlighted information provided by the Audit Commission as to how its powers had been used to identify problems with GP lists, for example, which would be lost without an amendment to the data-matching provisions. The Minister handling the amendment, the noble Lord, Lord Wallace of Saltaire, who coincidentally had Lords responsibility for Cabinet Office matters, rightly stressed the need for sensitivity around data matching but said that the Government would reflect. The point we pressed was that we were not seeking an extension of data-matching powers, leading to preservation of those that would be lost with the Audit Commission. We are delighted to note that the Government have responded positively on these matters and proposed the addition of,
“prevention and detection of errors and inaccuracies”.
We are told that this formulation will allow the National Fraud Initiative to undertake the ad hoc data-matching exercises it does at present through the Audit Commission under its powers once the NFI moves to the Cabinet Office.
The Minister will be aware of the amendment that we and colleagues in the Commons pressed about the prevention and detection of maladministration and error. As we have heard, there was some debate around excluding maladministration from the amendment, but the main thrust of the Government’s position was the overlap with the ombudsman’s responsibilities to look at this. I do not propose to rerun the arguments advanced by Andy Sawford about the omission of maladministration being a lost opportunity. However, we understand that the Audit Commission has confirmed that the Government’s amendment would enable the NFI to carry on the data matching it conducts through other powers—I think the Minister has actually confirmed that. This was our key starting point, so although we are a tad disappointed at the omission of maladministration, we are grateful that the Government have responded to our arguments and will not press the matter further today. Can the Minister say when it is planned to take the steps, including the necessary consultation, to add these purposes to the NFI’s powers to data match? We accept that Amendments 74 and 75 maintain the status quo in relation to the cross-boundary work of the NFI and we have no points to raise on that. We are happy, indeed pleased, to support these amendments.
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