Clause 1 - Withholding of housing benefit on grounds of anti-social behaviour
Housing Benefit (Withholding of Payment) Bill
3:00 pm
Mr Edward Davey (Kingston and Surbiton, Liberal Democrat)
I do so, Mr. O'Hara.
New clause 3, which is on page 1170 of the amendment paper, is the Government's new clause that is relevant to my argument. That new clause—in particular, subsections (7), (8) and (9)—makes provision for an appeal. That is welcome, but we should debate the comparison between my approach, whereby the appeal would go through the social security system, as is the case in other aspects of the benefits system, including benefits sanctions, with the Government's totally novel approach. The approach that they are suggesting with respect to benefit sanctions and the benefits system has not been adopted before.
We are addressing an important point of principle. I am sorry if some right hon. and hon. Gentlemen think that it is not a new point. I do not think that we have debated it at all. It is a point of great substance, because it would completely change the way in which appeals against benefit decisions are made. We must debate whether we want a benefits appeal system that is administratively based, or one that is based on judicial process.