Clause 46
Welfare Reform Bill
6:00 pm
Anne McGuire (Parliamentary Under-Secretary (Disabled People), Department for Work and Pensions; Stirling, Labour)
We are tumbling quickly to a conclusion this afternoon, Mr. Hood, and I thank you for that. During the debate on amendment No. 68, I spoke about the need for safeguards to prevent the misuse of local authorities’ new investigation powers by local fraud investigators. These amendments ensure that we have corresponding safeguards in place to prevent misuse of the new prosecution powers introduced in clause 46.
The clause will allow local authorities in England and Wales the power to prosecute fraud against DWP-administered benefits, which I have already mentioned. In Scotland, the procurator fiscal will be responsible for the prosecution of all criminal activity. The safeguards will include limiting the type of benefit that a local authority may prosecute and directing that authorities may not bring proceedings in certain cases. We require that local authorities have regard to the code for crime prosecutors when prosecuting in cases of national benefit fraud. We would also, as I indicated earlier, withdraw the powers in case of misuse. If the Secretary of State withdraws the powers, he or she may continue with any proceedings that have already been started or he or she may discontinue them. I am pleased to move the amendments.