It was debated in Parliament yesterday (February 3, 2025) so let’s look at the pros and cons of the Fraud, Error and Recovery Bill.

This is the new law that is intended to reduce fraud in the benefits system by letting the government snoop into our bank accounts, among other things.

I don’t propose to provide an exhaustive discussion of the debate; rather, I’d like to provide comments from two of those taking part, along with a reminder of what the banks have to say about it.

First, here’s Work and Pensions Secretary Liz Kendall, putting the positive spin on it:

First, there are powers to investigate potential fraud. The Bill will mean that, for the first time, the DWP’s serious and organised crime investigators will be able to apply to a court for a warrant to enter and search the premises of suspected fraudsters and criminal gangs to seize items for evidence, such as computers and phones. At the moment, our investigators have to rely on the police to do this. The Bill will enable us to act much more quickly to gather evidence, to take control of and speed up investigations, while also freeing up police time.

These powers will be used only when approved by the courts, and the police will continue to be responsible for arresting suspects.

Secondly, the Bill will update the DWP’s information-gathering powers for investigating fraud. At the moment, we have the power to require information from only a limited list of third parties. This does not include key organisations and sectors that could help to prove or disprove suspected fraud, such as airlines… The Bill widens who the DWP can compel information from, and it will enable us to require the information to be provided digitally by default.

Thirdly, our new eligibility verification measure will enable us to require banks or other financial institutions to provide crucial data to help identify incorrect benefit payments people might be getting, including fraudulently, such as if someone has too much in savings, making them ineligible for a benefit, or if they are fraudulently claiming benefits abroad when they should be living in the UK. People should not be getting benefits they are not entitled to, and the alerts will make the process of identifying potential fraudsters much simpler, quicker and easier.

However, we know that people lead busy lives and sometimes genuine mistakes happen. The measure will help there too, by finding and putting errors right quickly, preventing people from building up large debts that they then need to repay. I am absolutely determined to reduce benefit mistakes by stopping them from happening in the first place and to avoid debts building up, with all the worry and distress that causes. That is why I have launched the independent investigation into the overpayment of carer’s allowance, in order to learn lessons about what went wrong and ensure that does not happen again.

I want to stress to the House that, under our eligibility verification measure, the DWP will not be able to access people’s bank accounts or look at what they are spending. We will not share any personal information with banks. Once an alert has been issued, any final decision about someone’s benefits will always be taken by a human being and the state pension will be excluded from the measure. There will also be independent oversight of the power on the face of the Bill, with the requirement to produce reports and lay them before Parliament, which I will say more about in a moment.

Now let’s have Zarah Sultana, who used to be a Labour Party member until she voted with her conscience not to restrict child benefits to the first two children in a family:

I will focus on the powers in the Bill that force banks to trawl through our private financial data, scanning for indicators of fraud and error—indicators that are not publicly disclosed —and flag those individuals to the Government. These powers will allow the Department for Work and Pensions to seize money directly from bank accounts without due process, suspend driving licences and even search properties and personal devices. They are not the hallmarks of a free and democratic society but the tools of an Orwellian surveillance state.

Let me be clear: we all agree that genuine fraudsters should be held to account, especially multimillionaire tax avoiders, organised criminal gangs and the dodgy companies that exploited covid funding. However, the Bill goes far beyond that. It will subject millions of innocent people—disabled individuals, carers, jobseekers, pensioners and parents—to unwarranted financial surveillance, treating them as suspects by default, simply because they receive state support. It is deeply unjust. The Government already have extensive powers to investigate suspected fraud; under existing legislation, they can access bank accounts where there is reasonable suspicion of criminal activity. However, the Bill removes the need for suspicion altogether. Put simply, this is mass surveillance.

There are significant risks. We have already seen the devastating consequences of automated decision making in the Post Office Horizon scandal, where faulty software led to hundreds of wrongful prosecutions. The Bill risks repeating that injustice on an unprecedented scale, and we should not have to wait for an ITV drama to expose it in the future. The DWP has already made mistakes in accusing benefit claimants of debt. Last July, The Big Issuereportedthat a disabled woman had her disability

benefits stopped and was accused of owing the Government £28,000, which the DWP later admitted was its mistake, while a single mother was accused of a £12,000 debt when the DWP actually owed her money. Algorithm-driven financial surveillance will inevitably result in errors that will disproportionately affect the most vulnerable in our society: the elderly, the disabled and those already struggling to make ends meet. Even a 1% error rate in the AI system used by banks could lead to thousands of benefit recipients being wrongly flagged, unfairly investigated and forced into lengthy appeals.

Moreover, the Government’s own impact assessment suggests that these measures would recover just £146 million annually, which is less than 2% of the estimated annual loss to fraud and error. In contrast, £23 billion in benefits and support goes unclaimed each year, while £3 billion in claims is underpaid. Yet the Bill does absolutely nothing to address those injustices or to build a security system based on dignity and respect; instead, it targets those who can least afford to be wrongly flagged as fraudsters.

This legislation represents a rushed process with little scrutiny. At 116 pages long, the Bill was scheduled for Second Reading just seven working days after First Reading. It is an attempt to push through mass surveillance powers with minimal debate, bypassing the necessary checks and balances that should apply to any policy, especially one that affects millions of people’s fundamental rights. The powers are also legally questionable, with privacy experts warning they could breach article 8 of the Human Rights Act 1998.

The Bill risks creating a two-tier justice system—one for the very wealthy, who will never face this kind of intrusion, and another for those on benefits, who will be subject to constant scrutiny, automated checks and the threat of their money being seized, perpetuating harmful stereotypes about so-called benefits cheats. It will therefore also distract attention away from the millions of households that are legitimately supported by a social security system that exists to support every single one of us when we need it.

Civil society groups including Amnesty International, Big Brother Watch, Disability Rights UK and Age UK have all condemned the powers, warning they will entrench discrimination against the poorest and the most vulnerable. We cannot allow that to happen. We cannot allow the Government to turn our banks into agents of the state, spying on their customers and reporting back to Whitehall; we cannot allow the presumption of innocence to be eroded by a culture of suspicion and surveillance; and we cannot stand idly by while the most vulnerable in our communities bear the brunt of this overreach. This is not the change people voted for.

Ms Sultana’s words are strengthened by the response of the banks themselves to the proposed legislation. Here‘s what I wrote about that:

UK Finance, the biggest business group representing banks in this country, says the plan to take money from accounts without getting a court order would create risks for vulnerable customers, or conflict with existing regulatory and legal obligations.

It said the Financial Conduct Authority’s (FCA) consumer duty, introduced in 2023, could be in conflict with the government’s plans, as it set higher standards for consumer protection and gave banks a specific obligation to protect customers who are vulnerable due to their financial situation. A bank that breaks those rules can be penalised by the FCA, or the financial ombudsman.

There are also concerns over measures forcing banks to hand over account information of claimants who “may have been” paid benefits incorrectly – the account holder’s name, date of birth and account number, although transaction information would be excluded.

Banks are said to have been quietly lobbying against the changes for more than a year – since they were first suggested by the former Conservative government. The Tories failed to get their plan passed before the general election last July, but Labour has taken it up.

The Bill has gone to its committee stage in the House of Commons, and This Writer expects the debate to be wide-ranging and (hopefully) intelligent.

I fear that the government will just ramrod through its changes, no matter what is said. Kendall came out with one reassurance after another in yesterday’s debate, but was she convincing?

The answer to that should be clear.

This will be a hard-fought battle.

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