Baroness Sherlock (Lab)

I am grateful to the noble Lord for his help but I will try to manage for now. To open a filing cabinet or to open a device without the consent of the owner requires using reasonable force. I fully accept that he does not think that the DWP should have any of those powers. I hope he will bear with me and allow me to move through the arguments to make a case as to why I think it is necessary. If I cannot persuade him then I accept that, and he will go into the other Division Lobby, but I hope he will allow me to explain why I think this is necessary and proportionate. One of the risks of the approach that has been taken to try to limit the use of reasonable force as set out by PACE is that it could have the unintended consequence of removing an authorised investigator’s common-law right to self-defence—for example, if they were physically threatened during a search and seizure activity. Clearly, the safety of our authorised investigators is paramount and they, like anyone else, must have the right to defend themselves if threatened. We will of course take a number of steps to ensure staff members’ safety. That includes conducting risk assessments on application for the warrant and during the search and seizure activity itself, and equipping staff with critical safety equipment and protective clothing. The noble Lord, Lord Harper, asked about training. All DWP-authorised investigators will be required to complete training to the equivalent standard of the police before they can use these PACE powers. I assure the noble Lord, Lord Deben, that money will be made available to pay for that. We will not expect people to use these powers if they have not had appropriate training. That was a good question and I am pleased to answer it. In addition, DWP criminal investigators undertake investigative training as part of the Government Counter Fraud Profession. All staff must have training to industry standards before they can be considered even for authorised investigator status. That will ensure that staff are benchmarked to the same standard. The DWP will not have the power of arrest. I remind the noble Viscount, Lord Younger, that the previous Government’s fraud plan, including the version put out in 2024, when he was standing where I am, proposed not only the powers we have here but that DWP staff should have the powers of arrest. We decided that was not appropriate but, as I have said, we do think that the power to have reasonable force against property is reasonable. We have taken what I think is a proportionate view. In the situation described, where the DWP arrives at premises but the police are not there and its staff find their entry is obstructed, the policy will be that they should remove themselves from any potential danger and request police presence. The noble Lord, Lord Vaux, also mentioned oversight. We will be commissioning His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to inspect the use and effectiveness of these powers in England and Wales and His Majesty’s Inspectorate of Constabulary in Scotland to do so there. These inspections can focus on any part of the end-to-end criminal investigation and their reports will be published by the Secretary of State. In addition, the Independent Office for Police Conduct will be responsible for reviewing any serious incidents or complaints in relation to these powers in England and Wales, with the Police Investigations & Review Commissioner responsible in Scotland. While I am here, two other questions were asked on the IOPC. In one, I think the noble Lord, Lord Vaux, said that the IOPC regs were a Henry VIII power. I am advised that they are not, because they do not seek to amend or repeal primary legislation. The proposed amendments to Part 2 of the Police Reform Act are contained in the Bill itself. On the question of funding, the DWP has secured the necessary agreements with the IOPC and will continue to work closely and in partnership with it to ensure that its needs are considered, including financial arrangements. The regulations will make provision as to payment for this service and permit the lawful disclosure of sensitive files and information relating to the exercise of the functions and powers. I hope that reassures the noble Lord on that point. On the other questions that have been mentioned, just to be clear, the drafting in Schedule 4 for Scotland is intended to clarify that force cannot be used to compel individuals to provide information when required to do so by a court production order. This mirrors PACE as it applies in England and Wales. On the exercise of reasonable force when executing search warrants, the provisions in the Bill both in Scotland and in England and Wales are comparable. I hope that reassures noble Lords who think that we think that people in Scotland are less dangerous than people in England and Wales. I can assure them that is not the case. Noble Lords asked about the difference between the PSFA and the DWP. Primarily, this is a matter of scale. A tailored approach has been adopted by the DWP and the PSFA. The PSFA is likely to do a smaller number of investigations; the scale at which the DWP operates would be a very different use of police resource than it would be in the case of the PSFA. Therefore, we think it is appropriate. Finally, I think somebody—I am sorry, I have forgotten which noble Lord this was—asked whether we would use this provision against vulnerable people, benefit claimants being vulnerable. Again, another form of reassurance is that the law requires any warrant application to include information about any vulnerable individuals who may be present on the premises. As a result, the DWP has to conduct risk assessments before even applying to the court. I understand the comments that have been made. I hope that I have been able to reassure noble Lords that our proposals are proportionate. On that basis, I urge the noble Lord to withdraw his amendment.