§ Mr. WillettsTo ask the Secretary of State for Social Security (1) if he will place in the Library a copy of the legal advice he received that clause 49 of the Child Support, Pensions and Social Security Bill is compatible with the European Convention on Human Rights under the Human Rights Act 1998; [104991]
(2) if he will set out the basis for his statement that clause 49 of the Child Support, Pensions and Social Security Bill is compatible with the European Convention on Human Rights under the Human Rights Act 1998. [104990]
§ Angela EagleThe proposals in clause 49 are compatible with UK obligations under the European Convention on Human Rights. In arriving at this conclusion we have considered a number of issues, which are discussed below.
The obligations under Article 6 of the Convention (the right to a fair trial) are complied with as those affected by this measure will have a right of appeal to an independent tribunal in respect of the decision to withdraw or reduce benefits and the magistrates or Crown Court will establish the facts of the alleged breach, as now.
Article 7 (no punishment without law) does not arise as the measure (even if it was regarded as criminal in nature) will only apply to those given community sentences after this Bill has become law and been commenced. There will be no retrospection.
429WAlthough the exchange of information between the Probation Service and the Benefits Agency may raise issues under Article 8, on privacy, the exchange proposed is the minimum necessary to achieve the legitimate aims of matching benefit rights to responsibilities.
In considering any question in relation to Article 14 (prohibition of discrimination) these proposals are to be seen as part of the reform of the welfare state on the basis of a contract between the citizen and the state, whereby rights to benefits and responsibilities to society are more closely linked. Our concern is not only to achieve better compliance with community sentences, but to reflect the view that it is not fair that offenders who breach community sentences should have the same rights to benefits as those who comply. People who do comply would not lose financially, nor would those who claim no rights to benefits. Benefits are conditional on the fulfilment of responsibilities to society. It therefore does not breach Article 14 by any unjustified different treatment of those on benefits compared with others. Any different treatment as may arise is justified as it has an objective aim that is in the public interest, as set out above.
Article 1 of the First Protocol (protection of property) does not apply to all Social Security benefits, although contributory Jobseeker's Allowance may be regarded as a "possession" for the purposes of this Article. This proposal to withdraw benefit in these limited and specified circumstances is justifiable as it is in the public interest, striking a fair balance between the interests of the community and those of the individual, and will be provided for by law.
The advice tendered by our legal advisers is internal policy advice and is not normally disclosed under Exemption 2 of the Code of Practice on Access to Government Information.