B

Baroness Finn (Con)

Speaking in the House of Lords on 4 June 2025

Debate

Public Authorities (Fraud, Error and Recovery) Bill

Contribution

My Lords, as we conclude this group of amendments, I return to the fundamental point at the heart of our proposals. These powers, granted to investigators in the name of the Minister, are substantial. With them comes a responsibility on us as legislators to ensure that they are exercised fairly, transparently and proportionately. Once again, I thank the Minister for her courteous explanation and response. This Bill seeks to equip public authorities to tackle fraud more effectively. We support that goal, but it is precisely because we support the objective that we believe that the framework within which these powers operate must be clear, balanced and just. Amendment 17 would introduce a duty to set out statutory guidance on how investigators are appointed, which is a practical step, endorsed by Justice, that would ensure clarity and prevent the emergence of opaque, unaccountable enforcement structures. Amendments 18 to 20 address the issue of seized property. I listened very carefully to the example of the seized laptop, but Amendment 18 seeks to probe the Government on the nature of the necessary changes to seized property that may be authorised by the courts, and we are asking the Government to clarify what kinds of modifications or uses they envision and under what circumstances. Transparency on how that property may be altered or used is essential. Amendments 19 and 20 relate to the disposal or destruction of seized property. As the Bill currently stands, property may be destroyed or disposed of after six months. We believe that is too short a period, especially in complex cases where legal processes or appeals may still be ongoing. Our amendments would extend this minimum period to 12 months, offering individuals a more realistic opportunity to recover their property if it turns out that the seizure was not ultimately justified. Amendment 21 addresses the question of oversight. The Government have taken the decision to grant significant new powers to the Cabinet Office in this section of the Bill. That is a serious move, and one that must be accompanied by serious scrutiny. Amendment 21 would ensure that oversight is built into the system from the start. Finally, Amendment 22 offers a simple but vital clarification around the handling of sensitive information. This amendment would ensure that the information gathered under investigatory powers can be shared only with persons who are relevant and necessary to the investigation. Taken together, these amendments form a coherent and proportionate package of improvements. They do not challenge the fundamental aims of the Bill; rather, they support them. But they do so while insisting that the exercise of power must be lawful, justified and always subject to scrutiny. I hope that the Minister will reflect on the points made, and on that basis I beg leave to withdraw the amendment.

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