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Lord Vaux of Harrowden (CB)

Speaking in the House of Lords on 15 October 2025

Debate

Public Authorities (Fraud, Error and Recovery) Bill

Contribution

My Lords, we have a lot of discussions in this House about the difference between “may” and “must”. I think in this case it is very important. It is essential that the independent reviewers, who are such an important safeguard throughout this Bill, are provided with all the information that they require, so I am delighted and thank the Minister for putting forward those amendments. My joy, however, is not unbridled, because she has caveated the “must” with “where the information is reasonably required”. Nowhere in this does it tell us who decides what is reasonable in this case. That opens the possibility of disagreement between the independent reviewer and the department, or the Minister, as to what is reasonable. That is regrettable. It would be better if the independent reviewer decided what they wanted, was given everything they required and it was up to them to decide what was reasonable. This provides the opportunity for doubt and disagreement, and we will come on to that in a later amendment next week. However, overall, I welcome these amendments.

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