Child Support Collection (Domestic Abuse) Bill

Before we get on to proceedings, I remind Members of the differences between Report and Third Reading. The scope of debate on Report is limited to the amendments I have selected. The scope of the Third Reading debate that follows will be the whole Bill, as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to catch my eye.

New Clause 1

Collection of maintenance in Northern Ireland: cases involving domestic abuse

‘(1) The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is amended as follows:

(2) In Article 7 (child support maintenance)—

(a) after paragraph (3) insert—

“(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B) For the purposes of paragraph (3A), ‘relevant abusive behaviour’ means—

(a) where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b) where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).”;

(b) in paragraph (4) (purposes for which regulations may require information to be provided)—

(i) omit the “and” after sub-paragraph (b);

(ii) after sub-paragraph (c) insert “; and (d) the making by the Department of a determination for the purposes of paragraph (3A).”

(3) In Article 29(1) (collection of child support maintenance)—

(a) after “7(2A)” (as inserted by Article 127(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))) insert “and (3A)”;

(b) after “7(2)” insert “or (3A)”.

I beg to move, That the clause be read a Second time.

With this it will be convenient to discuss the following:

Amendment 1, in clause 4, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.

Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.

Amendment 3, page 3, line 20, at end insert—

“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”

Amendment 4, page 3, line 24, at end insert—

“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).

(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)).”

New clause 1 makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to the amendments this Bill makes to the Child Support Act 1991 in respect of England, Wales and Scotland. The amendments make provision for Northern Ireland to allow victims of domestic abuse who use the Child Maintenance Service, to request the collect and pay service on the grounds of domestic abuse and where there is evidence of domestic abuse against the requesting parent or children in their household by the other parent.

Child maintenance is devolved in Northern Ireland; however, the Northern Ireland Assembly has typically made legislation that mirrors Great Britain. Due to the current suspension of the Assembly, it is not possible for Northern Ireland to make the necessary mirroring legislation at this time, although we all hope that situation will change as soon as possible.

As hon. Members will know from the Bill’s Second Reading and Committee stage, these proposals did not initially extend to Northern Ireland, as Northern Ireland colleagues were unable to obtain a legislative consent motion, which would be the normal process. However, as described, in the continued absence of a functioning Assembly, officials in the Department for Communities in Northern Ireland have confirmed that they wish Northern Ireland to be included within the scope of the changes proposed in the Bill, and I can confirm to the House that approval in principle has been obtained from the relevant officials of the Department for Communities.

In considering this new clause, I remind hon. Members what the Bill is intended to achieve: better support for victims of domestic abuse. The Bill will amend primary legislation to allow a parent, or a child in Scotland, to request the collect and pay service on the grounds of domestic abuse where there is evidence of abuse against them or children in their household. It is an important measure for domestic abuse victims who use the CMS, as they will be able to decide which service type is best for them and their circumstances.

I will welcome the opportunity on Third Reading to take various further interventions, but I am conscious that you, Mr Deputy Speaker, have made it clear that on Report we should focus on the amendments. I take this opportunity to highlight that we take the issue of domestic abuse extremely seriously. The Child Maintenance Service is fully committed to ensuring that all parents get the right support, no matter where they are in the United Kingdom, and that they feel safe when using this service.

I am absolutely delighted that these important measures can now be implemented in Northern Ireland. I am sure that Members agree that this is an important, boosted protection that will be available to people across the United Kingdom. The new clause and the consequential amendments will fully ensure that victims of domestic abuse, wherever they are, and now including Northern Ireland, can benefit from the provisions of this Bill. I will close to let other Members speak to the amendments.

I thank my hon. Friend, the Minister for Social Mobility, Youth and Progression for moving these important Government amendments. I was delighted to co-sign them. These new amendments will allow for the provisions in the Bill to include Northern Ireland. That will mean that domestic abuse victims, not just in our English constituencies, but throughout the United Kingdom, will benefit from the measures in this Bill. I am sure that all Members here today can recognise the importance of that.

The Minister has assured me that officials will be working closely with legal colleagues and the other Administrations across the United Kingdom to ensure that the provisions are implemented effectively. I thank all Members for joining me here today and for their support of this Bill.

I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing this Bill before the House to address such an important issue. I expect that problems with the Child Maintenance Service and domestic abuse are some of the most universal and least partisan that my colleagues and I encounter in the course of our work.

As we know, domestic abuse is not limited to any particular group—anyone can be a victim. At the same time, it is helpful to recognise that the economic impact of domestic abuse is particularly severe for single mothers, who make up 90% of single-parent households, and whose opportunities to work may be limited by childcare. A study by the Institute for Fiscal Studies found that pre-pandemic, nearly half the children in single-parent households were living in poverty. Single parents are likely therefore to need childcare payments, because of the considerable costs associated with raising children, yet those who experience domestic abuse can find themselves still vulnerable to abusive behaviour through the structure of the CMS. Last year, the Public Accounts Committee concluded in its report on the CMS that the system is not—

Order. I hesitate to interrupt the hon. Gentleman, but I did put down the marker at the beginning that Members should be speaking to amendments on Report. He is making a Third Reading speech. He is welcome to retain the Floor, but he must stick to the amendments.

My apologies, Mr Deputy Speaker. I will wait for Third Reading.

Clause 4

Extent, commencement and short title

Amendments made: 1, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.

Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.

Amendment 3, page 3, line 20, at end insert—

“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”

Amendment 4, page 3, line 24, at end insert—

“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).

(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).” —(Mims Davies.)

I beg to move, That the Bill be now read the Third time.

As many hon. Members heard me say on Second Reading, I emphasise that this Bill is an important measure for victims of domestic abuse who use the Child Maintenance Service. I am proud, delighted and grateful that it is being taken forward and has the support of the Government, as confirmed by the Minister for Disabled People, Health and Work, my hon. Friend the Member for Corby (Tom Pursglove) on Second Reading, and reconfirmed in Committee by the Minister for Social Mobility, Youth and Progression, my hon. Friend the Member for Mid Sussex (Mims Davies). I am pleased that she is here again today on behalf of the Government, and thank her profusely for her support and the support she has shown throughout the progression of the Bill.

Moving on to developments that have occurred since the Bill was in Committee, I am delighted that the independent review of the ways in which the CMS supports victims of domestic abuse has now been published, alongside the Government’s responses to its recommendations. Many of my hon. Friends highlighted that review on Second Reading and in Committee, so I am pleased that it has now been progressed. The Bill will strengthen support for domestic abuse victims by ensuring that victims of domestic abuse, who are overwhelmingly women, are able to avoid entirely any need to engage with the other parent if there is evidence of abuse, helping to make them as safe as possible when using the Child Maintenance Service. These proposals give victims of domestic abuse choice—another avenue to aid their escape and removal from an abusive partner or environment, while ensuring that victims have more protection than was previously the case.

I am delighted to be here today, as I was when the Bill was in Committee. As constituency MPs, I think we all know the issues that the CMS presents when domestic abuse is involved. Indeed, I have a constituent whose children are grown up, but who still has moneys outstanding as a result of the coercive control of domestic abuse, and her ex-partner still utilises that fact. I welcome my hon. Friend’s Bill, and hope very much that its provisions will help prevent those kinds of long-term abusive ongoing relationships.

I thank my hon. Friend for her intervention, and completely agree with her. I am absolutely confident that the Bill will help prevent those sorts of long-term coercive and abusive behaviours that many women and children have had to put up with over the years.

I reiterate how pleased I was to see the independent review published during the Bill’s passage, which makes a recommendation to do just what this Bill is advocating. The Bill will amend primary legislation to allow victims of domestic abuse to use the collect and pay service where there is evidence of domestic abuse against the requesting parent by the other party to the case, who could be the paying or the receiving parent, or even against children in their households by the other parent involved in the case. I am pleased that MPs from across the House agree on the importance of this Bill, as it is a key move to help deal with a more masked form of domestic abuse: financial abuse and coercion. The Bill also removes the additional threat of emotional abuse that can occur if direct pay is used.

By way of a reminder, the Child Maintenance Service aids the payment process of child maintenance between separated parents who cannot reach an agreement on their own following a separation—a challenging job done in very difficult circumstances. I am sure we all recognise that for some separated parents, it will be really difficult to co-operate, especially where there might have been a history of abuse. Once parents are in the system, the Child Maintenance Service manages child maintenance cases through one of two service types: direct pay and collect and pay. For direct pay, the CMS provides a calculation and a payment schedule, but payments are arranged privately between the two parents. For collect and pay, the CMS calculates the maintenance payment and then collects the money from the paying parent and pays it to the receiving parent. Current legislation means that the default option is direct pay, unless both parents agree to collect and pay or the paying parent demonstrates an unwillingness to pay their liability. The Bill will extend the option of collect and pay without the other parent’s consent if domestic abuse is evident, regardless of the payment history.

I apologise to the hon. Gentleman for calling him prematurely.