The Scottish Greens have serious concerns about the Public Authorities (Fraud, Error and Recovery) Bill. The bill provides sweeping powers to investigate the bank accounts of those who claim social security, yet the DWP already has powers to tackle fraud. Concerns have been raised by disabled people’s organisations, Citizens Advice Scotland and even the banks themselves that people’s privacy rights will be further intruded on as a result of the changes. There has been no clear justification that the currently held powers are insufficient and that further change is needed.

The bill fails to distinguish between overpayment due to error on the part of the DWP or on the part of the recipient and overpayment due to fraud. Although some overpayments cannot reasonably be noticed by the recipient, the bill would allow unjust investigations and could result in the money that claimants depend on being withdrawn. It appears that the DWP has not learned its lesson from those who have been pushed into poverty by universal credit deductions.

Today’s LCM relates to Clause 78 of and schedule 4 to the bill, as well as to clauses 90, 98 and 99, on non-benefit payments. With regard to clauses 90, 98 and 99, the memorandum notes:

“the UK Government has confirmed that there is no intent to use these powers in relation to devolved payments”

and that

“the provisions are not intended to interact with devolved functions and would relate to payments for which UK Government has responsibility.”

Although the current Government might not intend to do so, we are not comfortable simply taking the UK Government’s word for it, and who knows what a future UK Government may make of the powers? The Government could have explicitly exempted Scotland from the provisions, as it has from other parts of the bill, but it did not.

In bringing non-benefit payment into scope, the intent appears to be to apply investigatory powers to grants as well as to social security payments. However, the definition of non-benefit payment is extremely broad—a concern that is also noted in the memorandum.

For those reasons, as well as the wider concerns raised by the third sector, the Scottish Greens suggest that we do not grant legislative consent.