Wednesday 1st February 2012

(12 years, 3 months ago)

Commons Chamber
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Maria Miller Portrait Maria Miller
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May I address the amendment directly? The Government accept that Lord Mackay had the very best of intentions in tabling amendment 73 in the Lords. However, his approach means that the Government, before deciding who would pay a charge, would have to consider whether parents had tried to be collaborative. In considering that amendment, hon. Members should ask themselves whether it is the Government’s place to monitor and judge parents’ efforts to work collaboratively after their separation.

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Maria Miller Portrait Maria Miller
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I will give way in a moment. The implication of the amendment is that we should say yes to that, but the Government know that the answer absolutely has to be no. Not even under the simplest model of implementation could we see a way to set a level playing field of the sort that parents really need at such a difficult time. It would cost, we estimate, more than £220 million across this spending review and the next—a cost that would not be right for us to accept, and certainly not driving the right outcomes for children.

I give way to my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who has so much experience in this area.

Helen Grant Portrait Mrs Grant
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I was a legal aid family lawyer for 23 years before being elected to this place, and I had the opportunity to represent many families seeking maintenance. It would be impossibly difficult, practically and fairly, to assess which families had taken reasonable steps to reach an agreement and which had not, unless we created an intrusive, Big Brother society, which I do not think anyone would want.

Maria Miller Portrait Maria Miller
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I thank my hon. Friend for that intervention, because she brings with her a wealth of experience of the practical problems that families face in these very difficult times. An additional effect of the amendment would be to put almost 100% of the ongoing charges on the non-resident parent. We agree that non-resident parents should have a clear incentive to pay a greater contribution to the ongoing costs, but I fear that simply loading all those costs on the non-resident parent could drive some perverse incentives and not provide the ability for parents to work in the collaborative way that I have set out.