Baroness Anderson of Stoke-on-Trent (Lab)

My Lords, I have lots of bits of paper, and they are all written in my handwriting, which means that it will be even harder for me to read them—so bear with me. Amendments 56, 57, 58 and 59 would establish a new body with responsibility to conduct reviews of direct deduction order decisions. Under the current drafting, internal reviews can be requested to challenge, for instance, whether a direct deduction order is the most appropriate form of repayment or whether the deduction amount is fair and affordable. Internal reviews are important, as they provide a straightforward and affordable way for the liable person to present a challenge to direct deduction order decision-making. They are an impartial element of many review processes. Indeed, if we turn to cross-government precedence, we can look at Child Maintenance Service and HMRC deduction orders. Both of these include an internal review stage without necessitating the creation of another new body. For DDO reviews, the reviewing officer will be a trained authorised officer of a higher grade than the original decision-maker. To answer the noble Lord, Lord Verdirame, that is in Clause 66(3) of the Bill. They would not have been involved in this case until a review had been requested. They may decide to uphold, vary or revoke the direct deduction order. This decision will be based on an assessment of the material held and any relevant new information provided by the liable person. To reassure the Committee, as the noble Lord, Lord Vaux, anticipated, if the liable person disagrees with their decision, there are further appeal rights through the First-tier Tribunal. We specified the First-tier Tribunal for ease of access; no costs are awarded, and there is quick access to justice. We believe that that is a responsible option. We believe that the amendments are duplicative, as there is already the right to independent review built into the legislation. Also, the proposals outlined in the Bill would not require the extra costs or resources that the application of these amendments would. I highlight Clause 64, which already creates the role of an independent person, who will have the responsibility of reviewing how the PSFA are using the powers and whether this is being done correctly, ensuring another layer of independence and safeguard. On some of the specific questions, Clause 35 outlines the appeal process. The liable person can make representations before the DDO and then make appeals to vary the terms throughout engagement. The noble Lord, Lord Verdirame, asked why the liable person cannot challenge the amount owed in the internal review. That was not quite his question, but this is the answer I have. All reviewing appeal options will clearly be signposted to the liable person throughout our interactions with them; the liable person will already have had opportunities to challenge the amount owed, either as a result of fraud, error or the application of a penalty, in the relevant court or tribunal proceedings. We believe that that provides more than ample opportunity to challenge. While we want to let people present their positions, we also do not want them to be allowed to excessively frustrate the recovery process and cause unwanted delay in the return of vital funds.