Welfare Reform Bill

Debate between Lord Lilley and Kate Green

Wednesday 1st February 2012 Commons Chamber

[Mr Lilley]

I will not, if my hon. Friend will forgive me.

I am also reluctant to take issue with the Lords unnecessarily. When I was Secretary of State for Social Security, I found that from time to time the Lords would propose amendments to legislation that I had introduced. At first I was shocked that anyone could think that my legislation could be improved in any way, but when I listened to what was said by the Lords in general and the bishops in particular, I usually found that it contained an element of truth. There was something worth listening to, even if I could not take on board everything that they proposed. I welcome the fact that my hon. Friend the Minister has listened to them, has modified the charging structure, and has taken their points on board. However, she is probably right not to adopt the whole principle of what the other place suggests.

I am not entirely persuaded of the Lords’ case, because I think that it is right in principle to charge for a costly service, and it is right that the people who principally benefit from it should pay an element of it in the form of a charge, rather than our leaving the entire cost to the other party or the taxpayer. It is right in principle, too, that wherever possible we encourage voluntary agreements, rather than reliance on state-funded bureaucracy, because voluntary agreements, where possible, are better, and because that reduces the load on an over-extended bureaucracy that has never been able to cope with the load that it has; it is better that it focuses on the most obdurate cases.

It is right in principle to charge both parents, as it is not possible, even though their lordships’ amendment implies that it is, to distinguish who is the goody and who the baddy.

[Kate Green]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Mr Lilley]

I will let the hon. Lady make her own points in due course. We may reach our own judgments on who is right and who is wrong, but we cannot make the agency decide that. Both parents will benefit from an arrangement reached by the CSA, and it is right that it should make that arrangement.

I noticed that there were an awful lot of lawyers on the voting lists in the House of Lords. Lawyers do not say, “We won’t charge you if you’re right; we’ll only charge you if you’re wrong. We won’t charge you if you’re the aggrieved party; we’ll only charge the other party.” They should accept that similar rules apply to charging by the CSA.

Finally, as the right hon. Member for Birkenhead (Mr Field) said, now that child support is an addition to a family’s income, rather than it simply being about getting back the taxpayers’ money—I am not sure that it was right to make that move—it is sensible that there should be a charge to the beneficiaries. On balance, I think that my hon. Friend the Minister was right to make the modest concession that she did to her lordships, but to stick to the principle; I am glad that she has done so.

[Kate Green]

I want to make a point on child support, and a point on the Child Poverty Act 2010 and the change that the Government are planning to make to it.

I point out that there is an inequality of bargaining power, particularly in a high-conflict situation, which means that parents with care—usually women—do not have a choice on whether to arrive at a consensual agreement. In practice, women in particular will settle for little or nothing for the sake of a quiet life because they cannot afford the fee. I particularly take exception to the idea that a parent with care who has done everything possible to reach a voluntary agreement, but who meets with a resistant, recalcitrant non-resident parent, will have to pay a fee when it is absolutely no fault of hers that she and, more to the point, her children do not get the financial support that they should.

The right hon. Member for Hitchin and Harpenden (Mr Lilley) says that it is right that those who benefit from or seek to access the service should pay a fee, but it is children who are intended to benefit from a statutory system of child support. Is it right that money intended for children should be hypothecated in that way?

The right hon. Gentleman and the Minister seem to believe that it is impossible for the child support system to take a view on which parent is at fault, but in clause 138 of the Bill, that view is taken by the system, because access to the collection service is being limited to cases in which the commission has decided that maintenance will not otherwise be payable. If it is possible for the commission to make that assessment and to determine that there is no prospect of the non-resident parent making payment, how can no view be taken on whether efforts have been made to receive a voluntary payment or not?

The majority of lone parents are women and women are already typically worse off after separation or divorce whereas men are better off. The fact that those parents will now be hit with a further fee as there will be both an up-front fee and a fee for collection when that collection fails—although I welcome the fact that the fee has been cut to £20, I would like to see it at zero—means that those families on low incomes will be left with very little income.