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Spying on your bank accounts?

Writer's picture: Caroline StephensCaroline Stephens

Public Authorities (Fraud, Error and Recovery) Bill 2024-5


The Government is rushing through alarming new powers to spy on all our bank accounts - justified under the premise of tackling welfare fraud.


They quietly published the full text of the bank spying bill late last week, and they’re already planning to debate it in the House of Commons on Monday.


But this is a cruel expansion of government power.


The bill would allow DWP to:


• constantly monitor the population’s bank statements


 • take money directly out of bank accounts



• revoke driving licences



• search houses & devices


BILL TO

Make provision about the prevention of fraud against public authorities and

the making of erroneous payments by public authorities; about the recovery

of money paid by public authorities as a result of fraud or error; and for

connected purposes.

B E IT ENACTED by the King’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

PART 1

FUNCTIONS EXERCISABLE ON BEHALF OF PUBLIC AUTHORITIES

CHAPTER 1

KEY CONCEPTS

1 Core functions of the Minister for the Cabinet Office 5

(1) The Minister for the Cabinet Office (“the Minister”) has the following functions

(“the core functions”)—

(a) investigating suspected fraud against public authorities,

(b) recovering amounts mentioned in subsection (2),

(c) taking enforcement action in connection with fraud against public 10

authorities, and

(d) providing support to public authorities in relation to preventing and

tackling fraud against them.

(2) The amounts are—

(a) payments made as a result of fraud or error that— 15

(i) the Minister has identified or confirmed during the course of

an investigation in respect of suspected fraud against a public

authority, and

(ii) the public authority is entitled to recover,

(b) any other amount that a public authority is entitled to recover in 20

respect of fraud, and....

Page 19

(2) The Minister must revoke a direct deduction order as soon as reasonably

practicable after becoming aware that—

(a) the payable amount has been recovered (whether by the Minister or

the public authority on behalf of which the Minister is acting), or

(b) the liable person to whom the order relates has died. 5

(3) Where the Minister revokes a direct deduction order, the Minister must give

a notice of the revocation to—

(a) the bank to which the order was given,

(b) the liable person (apart from in a case within subsection (2)(b)), and

(c) in the case of a joint account, each of the other account holders. 10

31 Further information notices

(1) For the purposes of determining whether to revoke or vary a direct deduction

order, the Minister may give a bank a notice (a “further information notice”)

requiring the bank—

(a) to GIVE the Minister STATEMENTS for

an account held by the liable person 15

covering —

(i) the three months immediately before the notice was given, or

(ii) such longer period, ending immediately before the notice was

given, as may be specified in the notice;

(b) to take the steps set out in paragraphs (a) to (c) of section 19(5). 20

(2) Subsections (6) to (8) and (10) of section 19 apply in relation to a further

information notice as they apply in relation to a notice under that section.

(3) Before giving a further information notice to a bank requiring statements to

25

be given in respect of a joint account, the Minister must notify each account

holder other than the liable person—

(a) that the notice will be given, and

(b) of the effect of the notice.

(4) A further information notice may be given to the bank before, at the same

time as or after the Minister complies with section 29(3).

32 Suspension of direct deduction orders 30

(1) The Minister may suspend and re-start the requirement to make deductions

and payments under a regular direct deduction order at any time by notifying

the bank to which the order was given.

(2)

35

This Bill has a second reading in Parliament on 3rd February, 2025.

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