Welfare Reform Bill

Part of the debate – in the House of Lords at 3:54 pm on 27 March 2007.

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Photo of Lord McKenzie of Luton Lord McKenzie of Luton Parliamentary Under-Secretary, Department for Work and Pensions, Parliamentary Under-Secretary (Department for Work and Pensions) 3:54, 27 March 2007

My Lords, in moving Amendment No. 2 I shall speak also to Amendments Nos. 3 to 7. These amendments give effect to my commitment on Report to remove from the Bill the ability to contract out decision-making leading to sanctions. The noble Lord, Lord Skelmersdale, has already acknowledged this.

The amendments to Clause 16 achieve this by creating a category of excluded decisions and provide that regulations cannot allow these to be contracted out. The category of excluded decisions contains all the decisions that can lead to sanctions as well as decisions about the actual sanction itself. The amendment to Clause 26 is consequential to this. Having circumscribed the powers in Clause 16, it will no longer be possible to make regulations that allow the Secretary of State to authorise providers to undertake decisions leading to sanctions. The provision in Clause 26(1)(c) is therefore redundant because it refers to such types of regulations and makes them subject to the affirmative resolution procedure. I believe that these amendments meet fully the concerns of noble Lords about contracting out and decision-making. I beg to move.