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Amendments to the Social Security Fraud Bill [H.L.]

Social Security Fraud Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Social Security Fraud Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE EARL RUSSELL
 
1     Page 1, line 7, leave out from beginning to ("(persons") in line 9 and insert--
 
    ("After subsection (1) of section 109B (power to require information,) there shall be inserted--
        (1A)  A magistrate may, on an application from an authorised officer who has reasonable grounds for believing that a person--
      (a)  is a person falling within subsection (2A) below, and
      (b)  has possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above,
    make an order requiring that person to provide to the authorised officer such information specified in the order as is information of which he has possession, or to which he has access, and which it is reasonable to require for a purpose so mentioned."
        (2A)  After subsection (2) of section 109B")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
2     Page 1, leave out line 12 
3     Page 1, leave out lines 13 to 15 
4     Page 1, leave out lines 16 and 17 
5     Page 1, leave out lines 18 and 19 
6     Page 1, leave out lines 20 to 22 
7     Page 2, leave out lines 1 to 3 
8     Page 2, leave out lines 4 to 8 
9     Page 2, leave out lines 9 and 10 
10     Page 2, leave out lines 11 and 12 
11     Page 2, leave out lines 13 to 15 
12     Page 2, leave out lines 16 and 17 
13     Page 2, leave out lines 18 to 20 
14     Page 2, leave out line 21 
15     Page 2, leave out lines 22 and 23 
16     Page 2, line 23, at end insert--
    ("(o)  any government department or agency")
 
17     Page 2, line 23, at end insert--
 
    ("(2AA)  Any authorised officer wishing to obtain information under this section shall make an application to the person holding it through that section of the Department of Social Security responsible for the investigation of fraud.")
 
18     Page 2, line 23, at end insert--
 
    ("(2AB)  Requests for information made to any of the persons specified in paragraphs (a) to (m) above shall be made to a central department in the organisation concerned.")
 
19*     Page 2, line 24, leave out ("Subject to subsection (2D) below,") 
  
BY THE LORD GRABINER
 
20*     Page 2, line 24, leave out ("subsection") and insert ("subsections (2C) and") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
21     Page 2, line 25, leave out ("officer") and insert ("inspector duly authorised in accordance with the code of conduct set out by the Secretary of State for the purposes of this Act") 
  
BY THE LORD GRABINER
 
22*     Page 2, line 26, leave out from ("shall") to ("is") in line 34 and insert ("be exercisable for the purpose only of obtaining information relating to a particular person identified (by name or description) by the officer.
 
    (2C)  An authorised officer shall not, in exercise of those powers require any information from any person by virtue of his falling within subsection (2A) above unless it appears to that officer that there are reasonable grounds for believing that the identified person to whom it relates")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
23     Page 2, line 27, at end insert--
    ("(  )  the information is information that has already been collected and retained in the normal course of business;")
 
24     Page 2, line 28, leave out ("particular") 
25     Page 2, line 28, at end insert ("specified in the notice") 
26     Page 2, line 28, at end insert--
    ("(  )  there are reasonable grounds for believing that the information is likely to be of substantial value (whether by itself or together with other material) to the inquiry and does not consist of or include items subject to legal privilege;")
 
27     Page 2, line 31, at end insert--
 
    ("(2BA)  Requests for information shall not require the person providing the information to inform an authorised officer of any future change in the information provided.")
 
28     Page 2, line 32, after ("above") insert (", upon obtaining a court order,") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
29*     Page 2, line 34, leave out from ("he") to end of line 44 and insert ("has committed or intends to commit a benefit offence") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE EARL RUSSELL
THE LORD GOODHART
 
30     Page 2, line 35, leave out (", is contravening or is likely to contravene") and insert ("or is contravening") 
31     Page 2, line 38, leave out (", is committing or is likely to commit") and insert ("or is committing") 
32     Page 2, leave out lines 40 and 41 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
33     Page 2, leave out lines 42 to 44 
34*     Page 2, line 44, at end insert--
 
    ("(  )  It shall not be legitimate to make a person the subject of an inquiry on the basis of a spot check or any automated form of selection.")
 
35*     Page 2, line 44, at end insert--
 
    ("(  )  Nothing in this Act shall authorise an inquiry which contravenes any provision of the Data Protection Act 1998.")
 
36*     Page 2, line 44, at end insert--
 
    ("(  )  No information in possession of any government department relating to any person who is the subject of an inquiry shall be conveyed or shared with any person or body as specified in subsection (2A) above.")
 
37*     Page 2, line 45, leave out from beginning to end of line 15 on page 3 
  
BY THE LORD GRABINER
 
38*     Page 2, line 45, after ("(2B)") insert ("or (2C)") 
39*     Page 2, line 46, leave out from ("officer") to ("whose") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
40     Page 3, line 20, at end insert--
        ("(2F)  Nothing in this Act shall be construed as conveying a right to use information gained under this Act for any purpose other than that of detecting social security fraud, or to communicate such information to anyone not otherwise authorised to receive it."")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
41     Page 3, line 21, at end insert--
        (""(5A)  A notice under this section shall contain sufficient information to allow the recipient of the notice to identify the subject of the inquiry.
        (5B)  Where that identifying information--
      (a)  identifies a person in the recipient's records, that person shall be treated by the recipient as the subject of the inquiry, and provision of information relating to that person shall discharge the obligation in subsection (3) above; and
      (b)  does not identify any person in the recipient's records, the recipient's advice of non-identification shall discharge the obligation in subsection (3) above.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
42     Page 3, line 23, at beginning insert ("subject to subsection (6A) below,") 
43     Page 3, line 23, after ("person") insert ("included in the collection and storage of financial information") 
44     Page 3, line 29, at end insert--
 
    ("(6A)  No order under paragraph (a) of subsection (6) above shall be made for the purpose of obtaining information from any person to whom that information has been supplied by the person who is the subject of the inquiry for the purpose of seeking advice or professional assistance.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
45     Page 3, line 42, after ("cheque;") insert--
    ("`items subject to legal privilege' means--
          (a)  communication between a professional legal adviser and his client; or
          (b)  communications made in connection with or in contemplation of legal proceedings, being communications which would in legal proceedings be protected from disclosure by virtue of any rule of law relating to confidentiality of communications;")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. 
  
Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
46     Page 4, line 43, leave out from ("may") to end of line 45 and insert ("enter into arrangements with that person under which authorised officers may obtain by electronic access to those records the information which they could have requested by a notice issued in accordance with section 109B(1)") 
47     Page 4, line 44, leave out ("officers") and insert ("inspectors subject to the Secretary of State's code of practice") 
48*     Page 4, line 45, leave out ("such") 
49     Page 4, line 45, at end insert ("subject to the granting of the appropriate order of the court") 
50     Page 5, line 9, leave out ("particular") and insert ("specified") 
51     Page 5, line 10, leave out ("could") insert ("should") 
52     Page 5, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person") 
53     Page 5, line 24, at end insert ("; and
    (e)  such arrangements as are necessary to provide the person with a report upon the investigation should they either be incidental to the investigation in process or, if the subject of that investigation, found to be innocent of any wrongdoing")
 
54     Page 5, line 43, leave out from ("may") to end of line 45 and insert ("enter into arrangements with that person under which authorised officers may obtain by electronic access to those records the information which they could have requested by a notice issued in accordance with section 109B(1)") 
55     Page 6, line 7, leave out ("particular") and insert ("specified") 
56     Page 6, line 7, leave out from ("person") to end of line 11 
57     Page 6, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person") 
58     Page 6, line 28, after ("entitled") insert ("subject to the terms of the code of practice") 
59     Page 7, line 9, after ("refuses") insert (", without reasonable excuse,") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. 
  
Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
60*     Page 7, line 16, leave out from ("that") to ("in") in line 19 and insert ("arrangements are in force for requiring the making of payments to cover costs") 
  
BY THE BARONESS NOAKES
THE EARL RUSSELL
 
61     Page 7, line 18, leave out from ("authorising") to end of line 38 and insert ("payments to be made to any person for information obtained by virtue of the powers contained in subsection (2A) of section 109B.") 
62     Page 7, line 39, leave out subsection (2) and insert--
 
    ("(2)  The payments referred to in subsection (1) shall be calculated so as to be equivalent to the costs reasonably incurred by the persons referred to in subsection (1) above in providing the information obtained by virtue of the powers contained in subsection (2A) of section 109B.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. 
 
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Prepared 31 January 2001