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

It is a pleasure to serve again under your chairship, Sir Desmond. After that remarkably collegiate agreement on the most controversial item of today’s business—I hope—I turn to clause 92.

The clause provides a vital safeguard for the new debt recovery measures. It inserts new section 80D into the Social Security Administration Act 1992, making provision for a code of practice. In the clause, we have made it a requirement that the code sets out how and when the Department for Work and Pensions will exercise its functions under direct deduction and driving disqualification powers, as well as its approach to penalties for non-compliance by banks, and how any information obtained will be used and processed. The code will also include further information on how safeguards and other provisions in the Bill will be applied, such as those on reasonable opportunity to settle the debt, and how those struggling with debt can be signposted to independent debt advice and money guidance.

We recognise the importance of transparency in the use of the new debt recovery measures. That is why, before issuing the DWP’s debt code of practice for the first time, as per our statutory obligations we will carry out a formal public consultation on a draft of the codes, to provide an opportunity for all interested parties to review them. Once finalised, all the relevant codes of practice will then be laid before both Houses of Parliament for 40 sitting days, before publication.

The clause is a key safeguard to ensure that the new DWP recovery powers are exercised proportionately, and it offers transparency for the public on their use. I commend it to the Committee.

The clause requires the Secretary of State to issue a code of practice about the giving of notices to banks requiring the provision of information, the processing of information, the circumstances in which penalties may be issued to banks, and the circumstances in which the Secretary of State expects to exercise functions to disqualify a liable person from driving.

As we have said several times in Committee, it has been extremely difficult to scrutinise the Bill without the code of practice. Will the Minister confirm when it will be published? I believe he just did, but we will get it on record again. He said that it will be before the Bill is finalised, but it would be useful to know what sight we will have of it beforehand. What can the Minister say about how the code of practice will regulate the giving of information notices to banks?

We clearly agree that the Secretary of State should consult on the draft code, and the Minister has just implied that it will be a public consultation. It would be useful to know what form that consultation will take, and how it will be publicised to ensure that it can be seen by as many people as possible. Will it include a consultation on the impact of bank costs and what those should be, and give banks an opportunity to feed back at that point in time?

The Secretary of State must consult before the first code of practice is issued, which is welcome, but there is no suggestion that further revisions will be subject to any scrutiny. Will the Minister confirm whether that is the case? What oversight mechanisms exist to ensure that the code of practice is not changed for the worse in the future, and to ensure that Parliament remains informed?

When does Minister envisage that the powers in the Bill will first be used, given the delay that the code of practice consultation will necessitate? What might trigger a revision and reissue of the code, and who might be able to alert the Secretary of State to the need for that? The clause implies that the Secretary of State could revise the code, but what would be the trigger and who might be involved? Will there be a non-statutory review after a certain period of time as an initial check and balance?

It is a pleasure to serve under your chairmanship, Sir Desmond. I thank the Minister for his introduction to the clause and for his assurance that there will be a consultation; it would be helpful if he could explain the likely consultees. Also—Opposition Members have repeatedly raised this question—what are the key principles within that consultation and what areas is he keen to address with the code of practice? The Minister has alluded to that already, but a bit more flesh on the bones would be extremely helpful.

Often, people who commit fraud use other peoples’ accounts and abuse them, and are often financial abusers. Will the Minister flesh out how the code of practice will take that into account? Finally, I would be grateful if the Minister could expand on how the code of practice will take account of people with learning disabilities, covering both those who are able to operate the accounts themselves and those who may need a proxy to manage the account.

Members have asked a number of questions, which I will do my best to cover. On the broader context and content of the code of practice, I outlined a range of areas such as a reasonable opportunity to settle debt, the exercise of functions under direct deduction, driver disqualification powers, penalties for noncompliance by banks, the use and processing of information and ensuring that that is compliant with the Data Protection Act 2018 and GDPR, as one would expect.

On the broader question of how we would work with people with vulnerabilities—the hon. Member for Torbay mentioned financial abuse and learning disabilities—there are a range of existing practices through which the Department supports people, as I set out in some detail on Tuesday afternoon. We have a vulnerability management framework and assessments of an individual’s vulnerabilities at all points throughout the process are built into our existing debt recovery practices, including a specialist team who work with customers who we know to be vulnerable. I think that the Department has sufficient infrastructure in place to deal with and support people who find themselves in those circumstances, either as victims of financial abuse or because of some of the disabilities that the hon. Gentleman mentioned.

The hon. Member for South West Devon asked about the issuing of notices. The code of practice will give guidance on when notices are given and further guidance on how banks should comply. On the subject of consultees, it is important to say that we are in ongoing dialogue with banks and organisations such as the Money and Pensions Service about support for people who find themselves in debt. The public consultation will invite those who are already closely engaged with the subject to correspond with us further. That will include some of the stakeholders I have just mentioned, but we will accept evidence from anybody who wants to feed into that process.

I would not want to second-guess the cause of any future revision, but were it to become apparent that there were issues that we needed to contend with, grapple with and get right—whether they came out in discussion with stakeholders or in the practical application of the code—I imagine that that would be a sensible stage at which to do so.

I was asked about delay and when the code would be in place. We are looking at laying it before both Houses of Parliament for 40 days, so I am confident that delay will not be a particular challenge for us in recovering some of the figures that are scored against this measure. We anticipate that the draft code of practice will be available to Members before Committee stage in the House of Lords.

Question put and agreed to.

Clause 92 accordingly ordered to stand part of the Bill.