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

back to previous amendments
 
  
After Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
63     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall prepare a code of practice on the use and processing of personal data for purposes associated with the provisions of this Act or the relevant provisions of any enactment amended by this Act.
 
    (2)  A copy of any code of practice prepared under the provisions of this section shall be laid before Parliament.
 
    (3)  Before he lays before Parliament a copy of any code of practice prepared under this section, it shall be the duty of the Secretary of State to publish a draft of that code and consider any representations made to him about that draft by--
    (a)  the Data Protection Commissioner, and
    (b)  any other person or body,
and he may modify that draft accordingly.
 
    (4)  A code of practice prepared under the provisions of this section shall not come into effect until it has been approved by resolution of each House of Parliament and issued by the Secretary of State.
 
    (5)  The Secretary of State may from time to time revise the whole or any part of a code of practice issued under the provisions of this section, and the provisions of subsections (1) to (4) above shall apply to any such revision, with appropriate modifications.
 
    (6)  It shall be the duty of the individual nominated by the Secretary of State to keep under review compliance with any code of practice issued under the provisions of this section, and in pursuance of this duty he shall have power to require the provision of any information necessary to him in the discharge of this duty.
 
    (7)  Where the individual nominated by the Secretary of State considers that the provisions of any code of practice issued under this section have been breached, then such a breach will be deemed to be a breach of the principles to which that part of the code relates.
 
    (8)  The Secretary of State shall lay before Parliament annually a report on the monitoring of compliance with any code of practice issued under this section.")
Code of practice.
64     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall prepare standards of disclosure relevant to the use of personal data for purposes associated with the provisions of this Act or the relevant provisions of any enactment amended by this Act.
 
    (2)  The Secretary of State shall also put in place procedures for the disclosure of information by "authorised persons" under the legislation to individuals incidental to an investigation or who are found not to have committed an offence.
 
    (3)  Compliance with the standards shall be part of the code of practice.
 
    (4)  The Secretary of State may from time to time revise the whole or any part of the standards.
 
    (5)  The individual appointed by the Secretary of State to oversee the code of practice and shall also monitor and report on the application of the standards.")
Disclosure of information.
  
Clause 4
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
65     Page 8, line 21, leave out ("it appears to the Secretary of State") and insert ("the Secretary of State is satisfied") 
66     Page 9, line 35, leave out ("reasonable") insert ("necessary") 
  
Clause 6
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
67     Page 10, line 19, leave out ("was convicted of") and insert ("committed") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
68     Page 10, line 42, at end insert ("provided always that no such reduction shall exceed 10 per cent.") 
69     Page 10, line 49, at end insert ("provided always that no such reduction shall exceed the rate of 10 per cent.") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
70     Page 11, line 27, at end insert--
 
    ("Likewise any third party either informed of the restriction or contacted as part of the investigatory process shall be notified of the quashing of the conviction.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
71     Page 11, line 39, leave out ("(subject to any regulations under section 9(1))") 
72     Page 12, line 5, leave out ("and to any regulations under section 9(1)") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
73     Page 12, line 11, leave out paragraph (d) 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
74     Page 12, line 22, leave out from second ("references") to ("to") in line 24 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
75     Page 12, line 24, at end insert ("; and
    (  )  in Scotland, reference to a conviction shall not include situations where a person has been found guilty of a benefit offence but has been made the subject of a probation order or discharged absolutely by the court")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill. 
  
Clause 9
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
76     Page 15, line 11, leave out subsection (1) 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
77     Page 15, line 13, leave out paragraph (a) 
78     Page 15, line 29, leave out subsection (4) 
  
Clause 10
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
79     Page 15, line 40, leave out paragraph (a) 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
80     Page 15, leave out lines 42 and 43 
  
After Clause 10
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
81     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State must make an annual report to Parliament on the effects of reduction or withdrawal of benefit under the process contained in section 6.
 
    (2)  Such report shall include information on--
    (a)  the means of subsistence available to those so sanctioned;
    (b)  the incidence of homelessness among those so sanctioned;
    (c)  the incidence of imprisonment among those so sanctioned; and
    (d)  the death rate among those so sanctioned.")
Annual report by Secretary of State.
  
Clause 12
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
82     Page 17, line 6, leave out (", credit or loan") and insert ("or credit") 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
83     Page 17, line 38, at end insert ("in England and Wales or to the procurator fiscal in Scotland") 
84     Page 18, line 12, after ("authority") insert ("in England and Wales or the procurator fiscal in Scotland") 
85     Page 18, line 18, after ("authority") insert ("in England and Wales or the procurator fiscal in Scotland") 
  
BY THE BARONESS NOAKES
 
86     Page 18, line 20, after ("conduct") insert--
    ("(ca)  stating that he may within 30 days of the date of the written notice make representations to the Secretary of State or authority as to why he believes that the provisions of subsection (1) or (2) are not met;")
 
87     Page 18, line 22, at end insert--
 
    ("(3A)  The Secretary of State or authority shall consider any representations made under paragraph (ca) of subsection (3) above and either--
    (a)  withdraw the written notice issued under subsection (3) above, or
    (b)  issue a further written notice under subsection (3) above.
    (3B)  Any notice issued under paragraph (b) of subsection (3A) above need not contain the statement referred to in paragraph (ca) of subsection (3) above.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
88*     Page 18, line 40, after ("subsection") insert ("not less than") 
89*     Page 18, line 40, at end insert ("plus a charge calculated to reflect the amount of funds defrauded") 
90*     Page 18, line 44, after ("more,") insert ("not less than") 
91*     Page 18, line 44, after ("£5000") insert ("plus a charge calculated to reflect the amount of funds defrauded") 
92*     Page 18, line 48, at end insert ("plus a charge calculated to reflect the amount of funds defrauded") 
93     Page 19, line 4, after ("authority") insert ("in England and Wales or the procurator fiscal in Scotland") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill. 
  
Clause 15
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
94     Page 20, line 18, leave out subsection (2) 
95     Page 20, line 25, at end insert--
 
("and either--")
 
96     Page 20, line 27, leave out ("and") and insert ("or") 
97     Page 20, line 38, after ("advantage;") insert--
    ("(  )  he dishonestly causes or incites that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person; or
    (  )  without reasonable excuse he allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person;")
 
98     Page 20, leave out lines 39 to 41 
  
After Clause 16
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
99     Insert the following new Clause-- 
 ("Miscellaneous 
     .--(1)  The Secretary of State shall--
    (a)  undertake an annual assessment of the level of benefits fraud and related issues; and
    (b)  lay a report of his findings before each House of Parliament.
    (2)  The first report shall be submitted no more than 18 months after the commencement of this Act.")
Annual report by Secretary of State.
100     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall--
    (a)  conduct an annual review of the Regulatory Impact Assessment in consultation with all the bodies affected financially, or otherwise, by the provisions of the Act; and
    (b)  lay a report of his findings before each House of Parliament.
    (2)  The first report shall be submitted no more than 18 months after the commencement of this Act.")
Annual review of Regulatory Impact Assessment by Secretary of State.
101*     Insert the following new Clause-- 
     ("  .--(1)  It shall be the duty of any authority administering housing benefit or council tax benefit and any authorised body empowered to administer social security benefits to prepare annually a statement of--
    (a)  the level of fraud detected;
    (b)  the number of fraud cases identified;
    (c)  the number of prosecutions covering the period of the report; and
    (d)  the amount in monetary value of cost or savings to the taxpayer.
    (2)  Each authority or authorised body shall publish annually targets for--
    (a)  the detection of fraud; and
    (b)  the reduction of fraudulent claims.")
Annual statements and targets.
  
Clause 19
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
102     Page 21, line 41, at end insert (", but no such statutory instrument shall be laid until an order containing the code of practice for the administration of this Act shall have been approved by both Houses of Parliament") 
103     Page 21, line 41, at end insert--
 
    ("(2)  The provisions of this Act shall lapse in its entirety three years after the date on which this Act receives Royal Assent.")
 
 
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Prepared 31 January 2001