Recommendations & Conclusions
14 items
2
Recommendation
Forty-Fifth Report - Department for Bus…
Accepted
The Department’s lack of curiosity surrounding lenders’ performance in the Bounce Back Loan Scheme increases the risk of losses for the taxpayer. The Bounce Back Loan Scheme was set up quickly, with limited requirements for what data lenders should collect and how it should be shared with government. In line …
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The Department’s lack of curiosity surrounding lenders’ performance in the Bounce Back Loan Scheme increases the risk of losses for the taxpayer. The Bounce Back Loan Scheme was set up quickly, with limited requirements for what data lenders should collect and how it should be shared with government. In line with initial agreements, lenders followed their ‘business as usual’ procedures for monitoring, chasing payment, and identifying fraud for government backed loans. This resulted in borrowers being at risk of being treated differently, and variations in the level of risk to the taxpayer. Lenders self-report on performance within the British Business Bank’s lender portal. Data is not, therefore, comparable between banks, and variations in lender performance are not well understood by the Department. The Department, and British Business Bank, have continued to build relationships with lenders, and obtained further information in excess of that agreed at the outset, to assist with fraud prevention and monitoring of performance. Although we understand that lenders have provided all data requested, lenders hold further information that might be helpful. For example, on the underlying credit risk of the loan books, comparing performance on government backed, and non- government backed loans. 6 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 Recommendation 2: • The Department should set out what more it will do to identify the reasons for variances in scheme performance and encourage all lenders to reach an optimal level of performance. This is likely to include establishing the full extent of information held by lenders. • The Department should make data collection and sharing explicit within initial agreements when setting up future lending schemes.
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Government response AI summary
The government agrees with the recommendation and is undertaking specific workstreams to improve data collection, reporting, robustness, and transparency for lender performance. This includes developing the lender portal, standardising data, improving analysis, and establishing better policies for future lending schemes.
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HM Treasury
3
Recommendation
Forty-Fifth Report - Department for Bus…
Accepted
The Department continues to make slow progress on its counter fraud activities related to the Bounce Back Loan Scheme. The Department’s counter-fraud response on BBLS started too late. The Department did not liaise with the Cabinet Office counter fraud function until well after the scheme launched, and had a virtually …
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The Department continues to make slow progress on its counter fraud activities related to the Bounce Back Loan Scheme. The Department’s counter-fraud response on BBLS started too late. The Department did not liaise with the Cabinet Office counter fraud function until well after the scheme launched, and had a virtually non-existent counter fraud function of its own at the time the scheme was designed, of two full-time staff. Subsequent Fraud Risk Assessments identified additional fraud risk indicators that weren’t considered at the point the scheme was launched. The Department told us key learning from Bounce Back Loan Scheme has been applied to the Recovery Loan Scheme, although this has fundamentally different features such as industry standard checks in place, and the lack of a 100% guarantee. The Department provided an update on the progress of the National Investigation Service (NATIS), which having been provided with £13.2 million funding, had recovered £5.8 million (which is 0.2% of the total estimated fraud and error for the COVID-19 business support schemes), made 58 arrests and had 558 open investigations at the time we took evidence. Recommendation 3: • The Department should publish its counter-fraud strategy straightaway and make maximum use of available resources, including lender data and lender audits, to target its activity where it can be most cost effective. • The Department should report back to the Committee with the updated results of the spend on counter fraud and the recovery results obtained compared to the level of estimated fraud.
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Government response AI summary
The government agrees and states it has developed an overarching BBLS Counter Fraud strategy, is considering publishing it, and the British Business Bank already publishes relevant data quarterly. It has also commissioned specific pilots (involuntary liquidation, enforcement, debt management specialist) to test additional recovery activities.
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HM Treasury
4
Recommendation
Forty-Fifth Report - Department for Bus…
Accepted
The Department’s performance reporting in its annual report and accounts does not allow Parliament and the public to monitor progress towards its strategic priorities. The Department’s activities are wide-ranging, and it told us it has an ever-growing set of delivery obligations. It believes its complexity, and broad and diverse remit …
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The Department’s performance reporting in its annual report and accounts does not allow Parliament and the public to monitor progress towards its strategic priorities. The Department’s activities are wide-ranging, and it told us it has an ever-growing set of delivery obligations. It believes its complexity, and broad and diverse remit make it challenging to set out its performance. However, complexity is not a reason to avoid transparency reporting obligations. Departments had outcome delivery plans (ODPs) for 2021–22 which set out priorities and associated metrics, and HM Treasury expects departments to report publicly on the delivery of their ODPs in their annual reports and accounts. The Department told us that it regularly reports its ODP performance metrics internally within government; however, the Department in its Annual Report and Accounts presented outcome metrics that appeared, in some cases, disconnected from the accompanying narrative. This not only diminishes the usefulness to the reader in assessing progress towards Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 7 achieving outcomes, it also risks giving the impression that the Department is including such metrics to meet minimum compliance requirements rather than to aid understanding or support transparency and accountability. Recommendation 4: In its Treasury Minute response, The Department, should set out what steps it has taken to ensure that performance reporting in its 2022–23 annual report and accounts will clearly and transparently document its progress against its strategic priorities.
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Government response AI summary
The government agrees and will report against SR21 metrics in the 2022-23 Annual Report and Accounts, providing more contextual information around metrics. It will also review best practice to include more graphical presentation for user-friendliness.
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HM Treasury
5
Recommendation
Forty-Fifth Report - Department for Bus…
Accepted
It is not clear how the Department holds to account third parties that deliver multi-billion-pound programmes on its behalf. The Department stated that responsibility lies with the commercial bank lenders and local authorities and that it is the Department’s role to enable, support and challenge them. HM Treasury’s Managing Public …
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It is not clear how the Department holds to account third parties that deliver multi-billion-pound programmes on its behalf. The Department stated that responsibility lies with the commercial bank lenders and local authorities and that it is the Department’s role to enable, support and challenge them. HM Treasury’s Managing Public Money guidelines are clear that accounting officers are personally responsible for the resources of their own organisation, even when working with other organisations. This is a point also made to us by the Institute of Chartered Accountants in England and Wales. The Committee is clear that accountability for the Department’s resources lies with the Accounting Officer, and we are concerned that a laissez faire approach to Departmental oversight may lead to taxpayers money not being properly protected. Recommendation 5: The Department should set out how it retains robust oversight and challenge of third parties delivering major policies and holds these bodies to account for achieving value for money and protecting taxpayer interests.
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Government response AI summary
The government agrees and states it uses designated Accounting Officers for public bodies, an Arm’s Length Body Review Programme, and Senior Responsible Officers for each scheme to ensure oversight and accountability. DBT is currently considering how to best manage future relationships and ensure consistency following …
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HM Treasury
7
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
Victims of the Post Office Horizon scandal continue to suffer as they await compensation due. The Horizon accounting system erroneously recorded shortfalls of cash in local Post Office branches over its more than 20-year lifetime. The Post Office blamed many of these shortfalls on sub postmasters and sub postmistresses, despite …
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Victims of the Post Office Horizon scandal continue to suffer as they await compensation due. The Horizon accounting system erroneously recorded shortfalls of cash in local Post Office branches over its more than 20-year lifetime. The Post Office blamed many of these shortfalls on sub postmasters and sub postmistresses, despite it being the Horizon system that was at fault. Staff were dismissed, the Post Office took action to attempt to recover the ‘losses’, and in some cases criminal prosecutions were pursued and people were wrongly convicted. The Department 8 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 expects to provide £579 million to the Post Office so that it can compensate victims of the Horizon scandal while continuing to operate as a going concern. Through one of two compensation schemes, the Department stated that 90% of compensation offers (not payments) had been made by mid-November 2022; however, recent media reports have indicated some victims receiving only partial payments and still being owed huge sums. The Department described these as the most challenging cases involving bankruptcy or insolvency, and said that it was taking professional advice. Recommendation 7: The Department should write to the Committee alongside its Treasury Minute response to provide details of the total value of payments made to date and the proportion of the total payments that this represents. This should be for both the Historical Shortfall and Historical Convictions schemes and indicate when it expects all claims to be settled. Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 9 1 Effective Parliamentary and public scrutiny
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Government response AI summary
The government agrees and provides detailed payment figures for both the Historical Shortfall Scheme (HSS) and overturned convictions as of 30 May 2023. It states 2,401 HSS offers have been issued totalling £98.7m (net) with 1,965 payments made totalling £67.7m, and expects remaining HSS offers …
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HM Treasury
1
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
On the basis of the Department’s 2021–22 Annual Report and Accounts, and the Comptroller and Auditor General’s report therein, we took evidence from the Department of Business, Energy and Industrial Strategy about its performance in 2021–22.1
Government response AI summary
The government states that Business, Energy and Industrial Strategy can conclude recovery is unrealistic for certain debts due to business cessation, poor value for money, or reputational risk. DBT has also commissioned a Non-Executive Director to review assurance, reconciliation, and recovery activity for irregular payments, …
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HM Treasury
11
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
Lenders self-report on performance within the British Business Bank’s portal, and the Department has published data on this performance as at 31 July 2022.22 The portal was designed for administering the guarantee rather than managing the loans.23 Due to lenders following their ‘business as usual’ procedures there is inconsistency in …
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Lenders self-report on performance within the British Business Bank’s portal, and the Department has published data on this performance as at 31 July 2022.22 The portal was designed for administering the guarantee rather than managing the loans.23 Due to lenders following their ‘business as usual’ procedures there is inconsistency in the data reported which makes interpretation difficult. We asked the Department what actions they were taking where lenders were not performing to standard, and they told us that differences in the data were not necessarily reflective of performance differences, due to differences in circumstances and strategies.24
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Government response AI summary
The government agrees with the committee and, despite rejecting the assertion of 'lack of curiosity,' is undertaking extensive work to improve outcomes. This includes developing the lender portal, standardising data, improving analysis, enhancing policies and procedures, piloting additional actions, and conducting targeted audits and negotiations …
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HM Treasury
12
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
The Department gathers information from the lenders in addition to the (notably limited) requirements in original agreements.25 We had also taken evidence from Natwest, HSBC, Starling Bank and Paragon Bank. The lenders told us that all information requested by the Department has been provided.26 However, the Department has not established …
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The Department gathers information from the lenders in addition to the (notably limited) requirements in original agreements.25 We had also taken evidence from Natwest, HSBC, Starling Bank and Paragon Bank. The lenders told us that all information requested by the Department has been provided.26 However, the Department has not established the full extent of the information held by lenders in order that this can be investigated further, while the banks told us they hold additional information which has not been requested.27 18 C&AG’s Report, BEIS ARA 2021–22, page 165 19 BEIS, ARA 2021–22, page 18 20 Bounce Back Loan Scheme - British Business Bank (british-business-bank.co.uk) 21 BEIS Annual Report & Accounts 2020–21 (parliament.uk) p8 22 Bounce Back Loan Scheme performance data as at 31 July 2022 - GOV.UK (www.gov.uk) 23 The Bounce Back Loan Scheme: an update (nao.org.uk) p54 24 Q 119 25 Q 119 26 Q 5 27 Q 6 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 13 Counter fraud activity on the Bounce Back Loan Scheme
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Government response AI summary
The government agrees with the committee and is actively working to improve lender performance and information gathering. This includes developing the lender portal, standardising data definitions, improving analysis, and reviewing the range of data published to ensure a comprehensive understanding of lender-held information.
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HM Treasury
15
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
However, funding for counter fraud activities remains low, with limited recoveries being made. The Department’s National Investigation Service (NATIS), a law enforcement agency partnered with the Department since September 2020, has received £13.2m in funding. The Department told us that NATIS have 558 open investigations, recovered £5.8 million of irregular …
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However, funding for counter fraud activities remains low, with limited recoveries being made. The Department’s National Investigation Service (NATIS), a law enforcement agency partnered with the Department since September 2020, has received £13.2m in funding. The Department told us that NATIS have 558 open investigations, recovered £5.8 million of irregular payments, and arrested 58 individuals in connection with Bounce Back Loan Scheme fraud.32 The Department stated that the low level of funding for NATIS, compared to DWP’s spend on counter fraud is due to the focus on the most serious organised crime elements of fraudulent activity, and the fact that the bulk of anti- fraud work is undertaken by the lenders themselves.33
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Government response AI summary
The government agrees with the committee's conclusion and states the recommendation is implemented. It has developed an overarching BBLS Counter Fraud strategy and is commissioning a series of pilots to test additional recovery activities for suspected wrongdoing, with plans for next steps to consider further …
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HM Treasury
18
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
The statement of AO’s responsibilities in the Department’s ARA outlines the Accounting Officer’s responsibility for the propriety and regularity of the finances allocated to them.36 This is reinforced through HM Treasury’s Managing Public Money 28 BEIS Annual Report & Accounts 2020–21 (parliament.uk) p6 29 The Bounce Back Loan Scheme: an …
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The statement of AO’s responsibilities in the Department’s ARA outlines the Accounting Officer’s responsibility for the propriety and regularity of the finances allocated to them.36 This is reinforced through HM Treasury’s Managing Public Money 28 BEIS Annual Report & Accounts 2020–21 (parliament.uk) p6 29 The Bounce Back Loan Scheme: an update (nao.org.uk) 30 The Bounce Back Loan Scheme: an update (nao.org.uk) 31 Q 113 32 Q 117 33 Q 118 34 The Bounce Back Loan Scheme: an update (nao.org.uk) 35 BEIS, ARA 2021–22, pages 44, 246, 260 36 BEIS, ARA 2021–22, page 67 14 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 which expands on the personal responsibility the Accounting Officer has for ensuring their organisation uses its resources efficiently, economically and effectively. This also extends to responsibility for managing risks in relation to fraud.37
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Government response AI summary
The government agrees with the committee's conclusion and states the recommendation is implemented. It outlines how public bodies' Chief Executives are designated as Accounting Officers responsible for robust governance and financial management, and how DBT is considering future relationships and assurance following machinery of government …
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HM Treasury
20
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
The Companies House annual report and accounts continues to show an increase in the number of the companies registered. The Department considers this to be a reflection of wider international trends and increased entrepreneurial activity.41 However, the rise in registrations also increases the likelihood that the Companies House register contains …
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The Companies House annual report and accounts continues to show an increase in the number of the companies registered. The Department considers this to be a reflection of wider international trends and increased entrepreneurial activity.41 However, the rise in registrations also increases the likelihood that the Companies House register contains fake entries.42 The Department acknowledges Companies House needs to manage this and is introducing greater powers through the Economic Crime and Corporate Transparency Bill for Companies House to check the identity of directors and to crack down on any abuse of the register.43
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Government response AI summary
The government disagrees with the committee's framing of the issue, particularly regarding 'fake entries,' but confirms and elaborates on its ongoing reforms through the Economic Crime and Corporate Transparency Bill. These reforms will strengthen Companies House's powers to improve transparency, check identities, and combat economic …
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HM Treasury
22
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
The Horizon IT system used by sub postmasters and subpostmistresses erroneously recorded shortfalls of cash in local Post Office branches over a 20-year period. The Post Office blamed many of the shortfalls on sub postmasters and sub postmistresses, despite it being the Horizon IT system was at fault. Post Office …
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The Horizon IT system used by sub postmasters and subpostmistresses erroneously recorded shortfalls of cash in local Post Office branches over a 20-year period. The Post Office blamed many of the shortfalls on sub postmasters and sub postmistresses, despite it being the Horizon IT system was at fault. Post Office took action to recover the losses from staff and in some cases, criminal prosecutions were pursued and people were wrongly convicted. Following the scandal, the Post Office committed to make payments to current and former postmasters to compensate those who had either wrongly been convicted of fraud, theft or false accounting (Overturned Historical Convictions) or had been affected by financial discrepancies related to previous versions of the Horizon IT system (Historical Shortfall Scheme). The Post Office is unable to fund the full amount of compensation and maintain levels of service provision and so the Department agreed to provide funding to the Post Office to support the compensation payments to be made. At 31 March 2022, the Department’s liability was estimated to be £579 million.46
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Government response AI summary
The government agrees with the Committee’s recommendation and has provided details of the total value of payments made to date and the proportion of the total payments that this represents, for both the Historical Shortfall and Historical Convictions schemes and indicated when it expects all …
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HM Treasury
23
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
We drew the Department’s attention to media reports relating to individual cases where payments had not yet been made or where claimants had been forced to accept half of what they were entitled to; and asked the Department what they were doing about these cases.47 The Department stated that in …
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We drew the Department’s attention to media reports relating to individual cases where payments had not yet been made or where claimants had been forced to accept half of what they were entitled to; and asked the Department what they were doing about these cases.47 The Department stated that in these cases which related to the Historical Shortfall Scheme, 90% of offers had been made by 15 November 2022 and that this was expected to continue to increase. However, some of these offers do not reflect the total compensation due. These claims related to more challenging cases where bankruptcy or insolvency are involved. The Department said it was working hard and where necessary taking advice from insolvency practitioners, to ensure that claimants got the maximum level of compensation possible.48
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Government response AI summary
The government agrees with the committee's conclusion and states the recommendation is implemented. It provides a detailed update on the significant progress in delivering compensation, including the number of offers and payments made under the Historical Shortfall Scheme and the Overturned Historical Convictions Scheme, and …
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HM Treasury
24
Conclusion
Forty-Fifth Report - Department for Bus…
Accepted
We asked whether the Department will in effect be funding the full bail out of the estimated compensation. The Department stated that of the estimated £150 million provided for the Historical Shortfall Scheme, £63.3 million will be funded by the Department and for the Overturned Historical Convictions Scheme, the Department …
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We asked whether the Department will in effect be funding the full bail out of the estimated compensation. The Department stated that of the estimated £150 million provided for the Historical Shortfall Scheme, £63.3 million will be funded by the Department and for the Overturned Historical Convictions Scheme, the Department has agreed to stand behind the whole cost of £502 million. While the Department would be keen to see the Post Office fund a greater share of these costs, this would have imposed a significant financial burden on the Post Office that would likely have resulted in it no longer being a going concern.49 46 BEIS, ARA 2021–22, page 257 47 Q 167 48 Qq 168–169 49 Qq 170–173 16 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22
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Government response AI summary
The government agrees with the committee's conclusion and states the recommendation is implemented. It provides an update on the progress of compensation payments under both the Historical Shortfall Scheme and the Overturned Historical Convictions Scheme, detailing the number of offers and payments made, and notes …
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HM Treasury