Clause 45 - Benefit administration studies for Secretary of State
Public Audit (Wales) Bill [Lords]
2:45 pm
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.