Part of Public Authorities (Fraud, Error and Recovery) Bill – in a Public Bill Committee at 2:30 pm on 11 March 2025.
Siân Berry
Green Spokesperson (Crime and Policing), Green Spokesperson (Justice), Green Spokesperson (Transport), Green Spokesperson (Work and Pensions), Green Spokesperson (Culture, Media and Sport), Green Spokesperson (Democratic Standards)
2:30,
11 March 2025
I beg to move Amendment 8, to schedule 5, page 98, line 10, leave out from beginning to end of line 24 on page 99.
This amendment would remove the requirement for banks to provide information to the Secretary of State for the purposes of making a direct deduction order.
My amendment 8 is related to our debate about direct deduction orders and safeguards for people with social security debts. The amendment would remove the requirement for banks to routinely provide information to the Secretary of State for the purposes of making a direct deduction order. It is important to note that before the Secretary of State can make a direct deduction order, they must submit an account information notice to the bank with which the debtor has an account requesting copies of the debtor’s bank statements covering a period of at least three months prior to the notice being issued.
I understand that the disclosure’s intended purpose is for the Secretary of State to consider whether the debtor can afford to have the funds deducted, but the schedule states that the bank must not inform the debtor or joint account holders if it receives an AIN. I am concerned that powers to request granular information from banks about their customers, without the customers’ knowledge, to decide whether an individual can afford to pay back an overpayment are intrusive and potentially authoritarian. Bank statements can reveal sensitive and private information about an individual’s movements, associations, political opinions, religious beliefs, sex life, sexual orientation and trade union membership. Since an AIN can also apply to joint accounts, individuals who are not themselves benefit recipients can have their private financial information disclosed to the DWP in a similar way.
The powers will affect individuals who have been overpaid because of mistakes and oversights. The Secretary of State should not be able to covertly demand a person’s financial records without suspicion that the person has committed any criminal offence. I sincerely hope that the Minister will consider amendment 8. It would remove the powers that require banks to hand over bank statements and account information, and thus it would prevent direct deduction orders being issued on the basis of covert financial surveillance. As with amendment 7, I hope we will come back to the issues raised by amendment 8 at a later stage, and that we will see some changes in this area.
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