Child Support (Enforcement) Bill

Debate between James Wild and Chris Clarkson

3rd reading
Friday 17th March 2023 Commons Chamber

[Chris Clarkson (Heywood and Middleton) (Con)]

Happy St Patrick’s Day, Madam Deputy Speaker. It is a pleasure to follow my hon. Friend the Member for Clwyd South (Simon Baynes), and I put on record my thanks to my hon. Friend the Member for Stroud (Siobhan Baillie) for initially tabling the Bill, and to my hon. Friend the Member for South Ribble (Katherine Fletcher) for being Manchester’s top hon. Member for Stroud tribute act. As everybody knows, she has a clear and consistent record on this subject, and it is very good of her to step in on behalf of our colleague, who—as she says—is committed to something else in her constituency, but dearly wanted to be here.

I also put on record my thanks to the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Mid Sussex (Mims Davies), and the Minister for Disabled People, Health and Work, my hon. Friend the Member for Corby (Tom Pursglove), for the work that they have done on this Bill. We often consider important Bills on sitting Fridays, but we do not see all the work behind the scenes to make them into functioning legislation after the Government decide to back them. It is a tribute to the Ministers that they got this Bill into good order.

It is a privilege to speak on this Bill because it addresses some of the key gaps in the current child maintenance collection system. I was recently asked whether I had a special interest in this area, and it will come as a shock to no one in the Chamber that I do not have children—my biological clock is ticking—but I am a child of divorced parents. I am very lucky, as my parents are happily divorced. They like each other much more now they are not married. There was never any acrimony in that relationship, but the truth is that around half of marriages now end in divorce, and some of them do not end in the best circumstances.

Although we rely on the best human behaviour for parents to come to an amicable arrangement, and many can do that, there will be instances in which it simply is not possible. With the best will in the world, interfacing with the courts, especially post-covid, makes it an almost insurmountable task for some parents to get the money they need to bring up their child.

I will try to be brief and to the point, because this is an excellent Bill that I actively support. The welfare of children will be drastically improved by this Bill. Delays in obtaining a court order for the payment of child maintenance have a significant impact on the health and wellbeing of children all over the country. My hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) made the eloquent point that this is about the welfare of children. It baffles me that there are parents who genuinely have a casual disregard for the wellbeing of their own offspring in the bizarre game they play with their former partners.

One of the Bill’s central tenets, enabling the DWP to make a liability order in certain circumstances without first going to the courts, addresses a key problem in the current system and is particularly pertinent given the rising cost of living. I welcome clause 2 and the administrative liability orders, which are an elegant solution to the problem of attrition whereby some parents can afford to wait out their former partners—I think that is extremely cruel.

I agree with the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) that it is incredibly frustrating to read about some of these cases. Some individuals exercise coercive control over a partner who then takes the very difficult and sometimes painful step to separate themselves from this person who has dominated their life so much, only for that person to exercise further coercive control by withholding the funds needed to bring up their child. I have dozens of examples from my own casework, but I will highlight just two.

[James Wild (North West Norfolk) (Con)]

Two dozen?

[Chris Clarkson]

Absolutely. We will be here all afternoon.

In one case, a lady spent 12 years trying to get payments from her former partner. Her son is now 25 years old and is a qualified accountant dealing with child maintenance cases. That is the absurdity of the system.

In another case, a woman had fought for more than 10 years and had six court dates before she was finally paid the £16,000 she was owed in unpaid maintenance. She was working multiple jobs just to put food on the table, even though her former partner had the ability to provide the funds her child needed.

I was pleased to support the Child Support Collection (Domestic Abuse) Bill, introduced by my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), as it takes into account the role abuse can play in this process. The two Bills are obviously different, but they have an underlying connection.

The two cases I have highlighted magnify some important points. First, they establish that delays in child maintenance harm children. Secondly, the Bill will help to re-establish trust in the system, as single parents will not have to battle for decades to collect child support. It is important people have faith that the system will be there for them when they need it.

I am proud to support this Bill, which will give financial certainty to thousands of families up and down the country. My hon. Friends the Members for Stroud and for South Ribble, and everyone at the DWP who has worked on this, can be extremely proud that they are doing something that, while seemingly simple, will make a massive difference to a large number of people.

Powers of Attorney Bill

Debate between James Wild and Chris Clarkson

3rd reading
Friday 17th March 2023 Commons Chamber

[Chris Clarkson (Heywood and Middleton) (Con)]

It is a pleasure to follow for the second time today my hon. Friend the Member for Clwyd South (Simon Baynes). As warm-up acts go, it really is quite unfair to follow somebody so articulate and so well-considered twice and try to look good by comparison.

I wish to pay tribute to, and thank, my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) for introducing this Bill. I have had the pleasure of participating in the Science and Technology Committee and various other endeavours with him. I know that he takes very seriously any endeavour in which he participates, and this has all the hallmarks of his usual excellent work.

The Bill is pragmatic—it is pragmatism at its finest—as it addresses the key issues and gaps in the current LPA application process through a combination of good sense and innovative technology. I was struck by the fact that the Bill passed its Committee stage on St David’s day and it is having its Third Reading on St Patrick’s day—happy St Patrick’s day, Mr Deputy Speaker. I hope that its next stage will be closer to St George’s day than it is to St Andrew’s day, because we cannot wait for this much longer.

The measures in the Bill will help to reduce administrative burdens and minimise the likelihood of application errors which, as we have heard, can be tortuous and drag the process out for far too long. Most importantly, they will ease the burdens on applicants and their loved ones who find themselves in these unfortunate circumstances. As we heard from my hon. Friends the Members for Cities of London and Westminster (Nickie Aiken) and for Clwyd South, sometimes these situations can move extremely quickly. When someone is going through a complex and tortuous process, the emotional burden can make it too much to complete the process, leading to the very worst of outcomes.

The Law Society considers these to be some of the most important legal documents that people will ever sign. To that end, I welcome the provision to allow chartered legal executives to perform certification. That will provide more choice and will be much more affordable for people. One of the perversities of the process is that sometimes people feel that they have to commission a solicitor to go through the process and that can be expensive. Someone on a modest income may have financial assets to protect, such as a house, and the wellbeing of a loved one to consider, but may not have the disposable income to get a solicitor. It is wrong that some people may be effectively priced out of the system, and the Bill will go a long way to removing some of the barriers that people have to accessing it.

A case in which that happened came across my desk not long ago. A constituent wrote to me about his experience of a delayed LPA process. During the height of the covid-19 backlog in 2021, I was contacted by a man who had been waiting for more than five months for a decision on his LPA application for his 91-year-old mother who was suffering from dementia. Weary of the process and the delays, my constituent hired a solicitor to complete the application. He had been assured that it was filed correctly. On Second Reading, my hon. Friend the Member for Blyth Valley (Ian Levy) flagged a similar case. My constituent waited months for the application decision while his mother’s mental health deteriorated and she was no longer able to manage her finances or health-related arrangements. It then turned out that an error had been made in the process by the solicitor, the forms had all been returned and the process had been in abeyance. My hon. Friend mentioned that he had encountered a similar situation when undertaking this process for a loved one, and he is himself legally qualified. That is how mystifying the process can be. I too have a legal background and have taken a cursory look at what the process involves: it scares the living whatsits out of me. As my constituent’s mother’s dementia became more severe, she had no concept of the value of money or how to pay bills, and was acutely vulnerable to cold callers and scammers, but there were no protections in place for her.

My constituent and his mother are not the only ones dealing with the delays. I am acutely aware that people up and down the country are waiting for certainty. We have all had the conversation—people put off the decision, as they do in making a will, because they do not like to think about their own mortality. They are always waiting for the next time. When my dad was diagnosed with cancer, fairly late, none of these things had been done because everybody thinks that they will live for ever and will get around to it tomorrow. I say to my hon. Friend the Member for North West Norfolk (James Wild), “Get that will sorted asap!”

[James Wild]

I am happy to confirm that I will have a conversation with a solicitor to draw up that will next Friday.

[Chris Clarkson]

Being a good friend of his wife, I am sure she will be very pleased and putting roller skates at the top of the stairs after that date—[Laughter.]

The hon. Member for Glasgow North (Patrick Grady) made the interesting point that in some circumstances people do not recognise or accept Scottish lasting powers of attorney. As he probably knows, I got my legal education at Dundee, which is one of the few universities that dual-qualifies its students, so I have a particular interest in ensuring that the two jurisdictions work as closely together as they can. The reality is that most people, when relying on a legal instrument, do not really care whether it is a solicitor in Glasgow or Manchester; they just want to know that their loved one will be looked after. Similarly, people move across the border and have family on both sides. I would welcome a conversation with the hon. Gentleman outside this debate about how we can streamline the process to ensure that this place and the devolved Administrations have some sort of framework to allow it to work properly. I appreciate that there is a legislative consent motion for the Bill.