Question proposed, That the clause stand part of the Bill.

With this it will be convenient to debate clause 83.

Clause 82 amends part 2 of the Police Reform Act 2002 and will insert proposed new section 26H, which provides for the IOPC to investigate any serious complaints or serious harm related to the use of the powers of entry, search and seizure. There are multiple safeguards—including industry-standard training for all authorised investigators—to minimise the risk of the Bill’s entry, search and seizure powers being used incorrectly. I assure Members that the likelihood of a serious complaint, particularly anything that involves death or serious harm, is extremely unlikely. However, an effective and independent complaints process is essential when it comes to powers of this nature.

Whenever a search warrant is executed, information will be provided setting out how to raise a complaint and what to do in the unlikely event that the complaint is serious or involves death or serious harm. The clause aligns the DWP’s approach to serious complaints and incidents relating to entry, search and seizure with that of other bodies with similar powers, including the police. That is why we have agreed with the Police Investigations and Review Commissioner that they will investigate serious incidents that occur in Scotland related to the use of the powers of entry, search and seizure by the DWP under clause 83.

If a complaint is not of a serious nature, as defined in IOPC guidelines, it can still be raised via the existing departmental complaint procedures. It will be investigated internally, and if an individual is not happy with the complaint response, they can ask for their complaint to be reviewed by a more senior manager. If an individual remains dissatisfied with the Department’s final response, they may escalate their concern to the independent case examiner.

Clause 83 amends articles 2, 3 and 4 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013. It mirrors the provisions of clause 82, which applies to England and Wales, and provides for similar independent investigation arrangements for serious incidents in Scotland. I again reassure Members that robust safeguards will be in place, including investigators having comprehensive training, robust internal governance with clear processes for signing off warrants, and the external independent authorisation of all warrants by the courts.

In the very unlikely event that a fatality is associated with the DWP’s use of the powers, the Police Investigations and Review Commissioner can be directed to investigate by the Crown Office Procurator Fiscal Service, which is Scotland’s public prosecution service and death-investigation authority. We expect that, in almost all cases, incidents relating to the DWP’s use of the powers will fall outside of the scope of being serious in their nature. In such cases, the Department’s existing complaint procedures will be used, as I set have out.

It is crucial to build trust in the Department, especially when serious incidents happen. The public must know that their concerns will be handled with importance and impartiality. Clauses 82 and 83 provide that assurance by establishing a transparent and accountable investigation process that is independent of the Department. Having outlined their main provisions, I commend the clauses to the Committee.

Clause 82 specifies that the Independent Office for Police Conduct—which oversees complaints, professional conduct matters and serious incidents involving the police and similar bodies in England and Wales—will handle serious complaints relating to the DWP’s use of the powers under proposed new section 109D in relation to DWP offences. That will be done through a regulation-making power, so will the Minister explain what modifications might be made to how the IOPC oversees complaints when its functions are extended to DWP investigators? How much additional funding does the Minister anticipate the IOPC will need to take on those functions?

The clause also provides that the Secretary of State may disclose information to the director general, or a person acting on the director general’s behalf, for the purposes of the exercise, by the director general or any person acting on their behalf, of the DWP complaints function. What sort of information does the Minister think it will be necessary for the Secretary of State to divulge? Will he provide some illustrative examples? What is the range of individuals who might act on the director general’s behalf, to whom it will be appropriate to disclose the information?

Clause 83 provides for an independent complaints route for when the DWP exercises the powers in proposed new section 109E and proposed new schedule 3ZD to the social Security Administration Act 1992. Less serious complaints or incidents will be handled using existing DWP processes. The Police Investigations and Review Commissioner independently investigates incidents and complaints involving policing bodies in Scotland, and will be responsible for handling and investigating serious incidents relating to the use of section 109E powers by the DWP.

We welcome the measures in the clauses to provide a route for complaints where needed. Will the Minister set out for the Committee the process for someone to make a complaint about DWP investigators? How quickly do the Government anticipate that such complaints will be resolved? Will that be included in a future code of practice, or is that outside the scope of such a code? What redress will there be for complainants when the IOPC or the PIRC finds against the DWP? What assessment has been made of the cost of the process, and who is liable for the costs?

On the question of funding for the IOPC and the PIRC, we are in ongoing discussions with them about what the exact costs will be. We clearly do not expect the costs to be excessive because it is not a massive shift from the work they undertake already.

On the question of what modifications are required to the IOPC role, the regulations will set out how the functions will work for the DWP. It is important to remember that we envisage that the IOPC will look at cases only where there have been serious complaints and deaths, so we are not talking huge numbers.

There could be a range of ways in which people can refer. It may even be that we would self-refer if there has been a death. One of the principal reasons why I did not consider it prudent to take the power of arrest is that that minimises the likelihood of our finding ourselves in that position. Where arrests are undertaken, clearly the police will be on site with us and responsible for that.

I do not envisage the process for making the complaints to be set out explicitly in the code of practice, but clearly if someone contacted the Department and wanted to make a complaint of that nature about something very serious that was outside the scope of internal complaints—for instance, if there had been harm or death—we would immediately refer the person and the case to the IOPC. As I say, the costs are not expected to be excessive, but we would expect to meet them ourselves.

Question put and agreed to.

Clause 82 accordingly ordered to stand part of the Bill.

Clause 83 ordered to stand part of the Bill.