Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

I beg to move amendment No. 36, in

clause 45, page 30, line 22, leave out 'may' and insert 'must'.

This amendment is similar to amendment No. 46 in the name of the hon. Member for Caernarfon, and would replace the word ''may'' with ''must'' in subsection (6). It would make it a requirement of the Secretary of State to publish a study of benefit administration carried out under the clause. It should be obligatory for the outcome of a study into benefit administration to be published, rather than it being left to the Secretary of State's discretion. We would be content with the discretion being with the Auditor General, but it should not be with the Secretary of State. I shall be interested to hear the Minister's justification.

Mr Don Touhig (Parliamentary Under-Secretary (Wales), Department for Constitutional Affairs; Islwyn, Labour/Co-operative)

Clause 45 relates specifically to benefit administration studies requested by the Secretary of State as opposed to a study that the Auditor General decides to undertake under clause 41. Amendment No. 36 would remove any discretion the Auditor General has, in conjunction with the Secretary of State, to publish a report of a study designed to improve the economy, efficiency, effectiveness and quality of performance in housing and council tax benefit administration by local councils in Wales.

In deciding whether a report requested specifically by the Secretary of State should be published, there is a need to consider its contents and the circumstances

of the study to which it relates. The report may, for instance, include information that might be helpful to fraudsters by highlighting a weakness in the benefits system. It may contain certain confidential information or identify individuals.

In practice, such reports are very likely to be published. For example, the benefit fraud inspectorate publishes reports although there is no requirement for it to do so. An absolute requirement to publish a report would be inadvisable given that studies undertaken under clause 45 are likely to be more detailed than those under clause 41. The potentially sensitive content, to which I have referred, and the fact that the study could relate to a single authority, support my arguments.

Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

I suspect that the Minister, like me, has faith in the current Secretary of State—in my role, I have faith in at least one future Secretary of State. The purpose behind the clause is to give discretion, and I accept that avoiding fraud is essential. I am surprised that the transparency that the amendment seeks to bring about is not factored into the Bill more, but I recognise that the amendment is not necessarily the best way to do so. As we legislate, we should continue to focus on ensuring that there is proper transparency at every opportunity.

Mr Don Touhig (Parliamentary Under-Secretary (Wales), Department for Constitutional Affairs; Islwyn, Labour/Co-operative)

Before the hon. Gentleman considers whether to withdraw the amendment, I advise him that the Auditor General can produce more general studies relating to benefit administration under clause 41 and would have to publish that information.

Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

That was a kind and helpful intervention. I am grateful to the Minister for the clarity with which he has dealt with the issue, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 45 ordered to stand part of the Bill.