Child Support (Enforcement) Bill

Jerome Mayhew Excerpts

2nd reading
Friday 9th December 2022 Commons Chamber

[Siobhan Baillie (Stroud) (Con)]

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

It should not be controversial across the House that parents should be responsible for their children unless they really cannot do that and need help. That parental responsibility is in all of us and the state welfare benefits and state systems in many other ways will step in to support families when it is absolutely necessary to do so. However, parents are too often let down by ex-partners for a range of reasons and they do not receive the support that they are due financially or otherwise.

In the case of child maintenance issues, parents who are receiving that money and, in many cases, relying on it to live on should be able to trust the child maintenance system to move as swiftly as possible to help them to recover maintenance arrears when it becomes necessary to do so. I am interested in that area through my experience as a family law solicitor, for my constituents who regularly bring incredibly complex child maintenance matters to me, and because this is an area of Government business—in a fantastic Department that works incredibly hard to help people who come to it with their issues—that can actually lift children out of poverty. I want to give the Child Maintenance Service, my constituents and everyone involved as much support as possible to do their job, which is where the Bill comes in.

This is an important measure to improve the recovery of arrears from parents who fail to meet their financial obligations to pay child maintenance. Before going into more detail about what this Bill aims to achieve, it may be helpful if I explain the purpose of the Child Maintenance Service for anybody who is not aware. The CMS is to facilitate the payment of child maintenance between separated parents who are unable to reach their own agreement following separation. That is an incredibly challenging job done in very difficult circumstances. Many Members will have experience of the CMS through their constituents. Some of that will be positive and some will be negative, but those Members who remember the Child Support Agency will I am sure acknowledge that the CMS, which was launched in 2012 to replace the Child Support Agency, is performing relatively well and is much better than previous systems. My parents are separated. My dad has some war stories about the Child Support Agency. We must not forget that that thing was on the front of newspapers, and that is not something that we see with this system, even though I am here in the Chamber saying that we can make improvements.

To emphasise the importance of the service, I should say that, in the past 12 months, more than £1 billion of payments were arranged or collected through the Child Maintenance Service. Under the Child Maintenance Service Act 2012, payments are calculated so that they are fair and affordable for both parents. That is key for these things to be successful.

The CMS uses gross income for calculation, whereas the old system was based on net income. To keep the impact of the calculation broadly the same, the 2012 scheme introduced modifications to the percentages with the banding system. In family law, it should be known that we would do the calculations for child maintenance for the parent client before us in our office before we turned to the other parent for other maintenance payments, so these calculations and the formula are important and it does work in many cases.

The statutory scheme is designed to limit the number of changes throughout the year. That is why the threshold for in-year changes to income is set at 25%, so that the liability remains consistent and parents can factor this into their own financial planning. Children are expensive. We need to be able to plan.

The CMS manages cases through one of two services. The first is direct pay and the second is collect and pay. Direct pay does what it says on the tin. The CMS provides a calculation and a payment schedule, but, effectively, the parents arrange the payments between them. For collect and pay, the CMS calculates how much maintenance should be paid, collects the money from the paying parent and pays it to the receiving parent, so it is a much more interventionist activity. Cases in collect and pay tend to include parents where a collaborative arrangement has either failed or has not been possible to achieve. Paying parents on collect and pay are therefore considered to be less likely to meet their payment responsibilities.

The difference that child maintenance payments make to children’s lives is critical, and the CMS takes action to tackle payment breakdowns at the earliest opportunity, to re-establish compliance and to collect unpaid amounts that have accrued. I give credit to groups such as Gingerbread, which often raise with MPs and Select Committees the impact on single parents; often, we are trying to help single parents through the CMS support schemes.

Where compliance is not achieved and the parent is employed, the CMS will attempt to deduct their maintenance, including any arrears where appropriate, directly from their earnings. Employers are obliged by law to co-operate with that action. Enforcement powers also allow for deductions to be taken directly from bank accounts, including joint accounts and business accounts, either as a lump sum or regular amounts—so far, so good. That is the run of the mill enforcement stuff. Members needed to understand that to understand the more severe enforcement measures used to collect child maintenance, which is what the main part of the Bill deals with.

The CMS is committed to modernising and improving and, as part of that commitment, it is reviewing the enforcement powers to make them as effective as possible in recovering arrears from parents who are failing to meet their financial obligations to their children. Under current legislation, the CMS must apply to the magistrates or the sheriff courts to obtain a liability order before the use of enforcement powers such as instructing enforcement agents or sheriff offices, or the use of more stringent court-based enforcement actions. So there is an extra step to go to court to get that stage of enforcement. Enforcements can include disqualification from driving or from holding a UK passport, or committing a non-compliant parent to prison. So it is serious stuff.

Obtaining a liability order through the courts is time-consuming. At the moment, the Government website tells parents that it can take anything from a few weeks to a few months. We know that there are now also an awful lot of delays in the courts—there was a pause during the pandemic, when the courts were closed—so I imagine it has been even more difficult recently to obtain these things.

That delay in receiving child maintenance has a consequence for the receiving parent and the children. Delay is bad for children, and we know that that principle underpins much family law. Furthermore, this additional step in enforcing debt is no longer required by other Departments, such as His Majesty’s Revenue and Customs. Other Departments are doing what my Bill is trying to achieve, so give me those powers so that the CMS can do the same.

We are also trying to introduce a lot of speed. The Bill will repeal the sections of the Child Support Act 1991 requiring the CMS to apply to the courts to obtain the liability order. It will stop applications to the courts by making amendments to uncommenced powers in the Child Maintenance and Other Payments Act 2008. Those powers, once enacted, will allow enforcement measures to be used more quickly against parents who have failed to meet their obligation.

[Jerome Mayhew (Broadland) (Con)]

My hon. Friend makes the good point that the procedural step in the current system of requiring the CMS to apply to the courts for a liability order creates delay. Can she give the House an indication, based on her experience, of the sort of delay we are talking about?

[Siobhan Baillie]

I have been looking through my casework, and the delay has been months in some cases. What is worse is that, even though the system we have is well-meaning, few parents have trust that anything will ever happen. Even where there have been successful liability orders—they are in the hundreds, and I have figures here—any delay becomes the chat in the communities and there is no trust. Any delay or confusion about what can and cannot be achieved is damaging to these families. I thank my hon. Friend for his important intervention.

To preserve the safeguards for paying parents, the Bill makes provisions for secondary legislation to allow the paying parent a right of appeal to a court against an administrative liability order—so there will be appeal rights. The first regulations relating to appeals against liability orders will be subject to the affirmative procedure.

The Bill will operate across England, Wales and Scotland, as they are all part of the same child maintenance regime. The court system governing the enforced collection of child maintenance is governed by broadly the same statutory provisions in England and Wales. In Scotland, however, the judicial system is devolved, so provisions in the Bill allow for a later commencement date, by which time changes to the appropriate court processes can be made. For that reason, the Child Maintenance Service will work with legal colleagues in the Scottish Government to ensure that the policy is effectively delivered in Scotland. I would also say, to those colleagues who always are interested in devolution issues, that Northern Ireland has its own arrangements.

To conclude, this is quite a techie thing—it is nerdy, which is why I like it. However, it introduces a genuine change for families on the ground by avoiding delay, which is harmful for children.

--- Later in debate ---

[Jerome Mayhew (Broadland) (Con)]

I, too, rise to support this Bill and the great efforts of my hon. Friend the Member for Stroud (Siobhan Baillie) in support of families.

Relationships are a wonderful thing. From my personal experience, they are the aspect of life that gives me greatest fulfilment. What lies at the core of our relationships provides the value of life, much more so than careers, even careers in this place. We have to recognise, however, that they do sometimes go wrong and that the negative experiences can be as intense as the positive ones.

Although relationships can change, responsibilities for our actions remain. That is particularly the case when children are involved. A person’s livelihood and support for their children are factors when it comes to a broken-down relationship. It is very important to say that when relationships that involve children break down, in the vast majority of cases the absent parent continues to provide financial support on a voluntary basis. Negotiations take place, often without solicitors or lawyers, and an informal arrangement is reached that is satisfactory to both parties. What we are dealing with here, however, is the small minority of cases where negotiations have failed or where an agreement that has been reached is subsequently breached. That is why the CMS is such an important agency to provide support for those families who are most in need.

Existing child support legislation is intended to provide a mechanism for the collection of support funds when voluntary agreements have failed. My hon. Friend set out in her opening speech the various mechanisms that are currently available. It is true that under the current scheme, the CMS can apply to the court in certain circumstances in order to get a liability order to seize, through the bailiffs or the sheriff courts, assets to satisfy a debt. The reason I intervened earlier was to highlight the hugely significant role that delay plays in frustrating the needs of families and, in particular, the children. That is particularly the case in the covid aftermath, when delays in the civil justice system are very substantial. I am sorry to say that even before covid, there was significant strain in the civil court process, leading to lots of delay. That delay matters, because we are dealing with the financial support necessary to feed, clothe, heat and support children.

Right hon. and hon. Members will be intimately familiar with the problem, because of the casework that they receive. To my mind, the Bill is very timely, because just last month a constituent came to me who was owed by the absent—non-resident—parent the sum of £136,833 in arrears of child maintenance. We have to stop for a moment and consider the profound impact of that non-payment on the children. It is simply not good enough to say, “You can go back to the CMS, which in time can make an application to the courts for a liability order. Once that has been processed, we can apply to the bailiff court, and in due course we will get an order to seize goods,”

I welcome the Bill’s intention, which is to cut out the delay of having to apply to the court, and to give powers to the DWP to make a liability order in certain circumstances that allows assets to be targeted via the bailiff or sheriff courts, without the additional factor of delay. Essentially, the Bill aims to fill a lacuna in the armoury of the recovery of funds to support children, and maintain financial responsibility for children from a non-resident parent. It will help my constituents, and for that reason alone I support it.

State Pension Triple Lock

Jerome Mayhew Excerpts

Tuesday 8th November 2022 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

I am not the first Member of the House to recognise that this motion is not a serious request of the Government, because we have the autumn statement in just nine days’ time. It is blatantly a political stunt to gain headlines.

[Tonia Antoniazzi]

I was going to make reference in my speech to Conservative Members saying that this debate was a stunt. It is not a stunt; it is a political lever. This is an Opposition day—this is what we do in this place. I ask the hon. Gentleman please to correct the record.

[Jerome Mayhew]

I am grateful for the hon. Lady’s intervention; it brings to mind a number of the interventions and speeches from Labour Members talking about pensioners’ fears as they consider the outcome of the triple lock decision. Surely this debate, called by Labour, does not reduce fear but increases it, and that in itself is wholly irresponsible. It is scaremongering.

I am surprised that Labour wants to draw attention to pensions policy, because the Government’s activities over the last dozen years put Labour to shame. Let us look at pensions more widely, because pensioners get income from multiple sources. We have the state pension, but there are also private and company pensions, individual personal savings and other state benefits in addition to the pension.

I will focus first on auto-enrolment. Under Labour, members of the public increasingly just could not afford to save for their retirement—either that, or Gordon Brown’s famous tax raid on pension pots simply made it not worthwhile to save for a pension. If we look at the data, during the 2000s private sector pension membership declined. In the year 2000, 47% of people had private pensions, but by 2012 that had fallen to 32%—a decline of 47%. By changing from an opt-in to an opt-out system, auto-enrolment, brought in by the Conservative-led Government, transformed pension saving in this country. In my view, it was perhaps the single most important intervention of Government policy over the past decade.

The figures speak for themselves: now, 75% of employees are regularly saving and benefiting from tax-free employer contributions. I used to be an employer before coming to this place, and I employed hundreds of very young people—typically 18 to 25-year-olds. We had a company pension scheme and, as a responsible employer, I tried to persuade them to start pensions, but the take-up was very low. The impact of the change to auto-enrolment was amazing, and that has been backed up by our company contributions. It is a wholly beneficial thing and it has reversed the roles.

The other point worth making is that this is Conservative values in action. Not for us the state’s putting its arms around people and being wholly responsible for individuals’ futures; we want to see people’s being helped to take responsibility for their own futures, with the state there to help the most vulnerable, and that is exactly what the Government have done in this case.

It has also been mentioned multiple times that the state pension was not a Labour idea; it was instigated by the Conservative-led Government. The right hon. Member for Leicester South (Jonathan Ashworth) is no longer in his place, but I sometimes wonder what conversations in the Treasury were like in 1999, when he was part of Gordon Brown’s inner circle. Presumably, the debate was, “Do we raise the pension by 75p or 50p, or shall we push the boat out and increase it by £1?” It is rich for the Labour party to start lecturing the Conservative Government, whose policy the triple lock actually is, given its own lamentable record on pensions. Labour has nothing to teach us here.

[Anthony Browne]

My hon. Friend has made some interesting points, and I think this debate has been useful to remind the Chamber that the triple lock is our policy. Given the point he has just made, and continuing the Christmas theme, does he agree that Labour attacking our track record on the state pension is a bit like Scrooge attacking Father Christmas for not being generous enough?

[Jerome Mayhew]

I will let that intervention speak for itself, but I entirely agree with the sentiment behind it.

Since 2010, because of the Conservative triple lock, pensions have increased by £2,300 in cash terms and by £720 in real terms. There will come a point when the triple lock will need to be reviewed; because of its statistical ratchet effect, there will come a time when we should properly remove the triple lock to maintain balance between the various cohorts of society. To date, however, it has been a powerful tool to raise pension values above those Labour lows in the 2000s that we have heard about.

In addition to the triple lock, Labour also ignored the problem of people’s—overwhelmingly women—child-rearing years not counting towards the state pension. I am delighted that, again, it was the Conservative Government who stood up for women and for the family and the importance of child-rearing, so that now raising a family counts towards the new state pension. More than 3 million will now be £550 better off as a result.

I have a minute and a half left, but I will not use it all, because others have set out the long list of additional benefits devised by the Government to assist with the cost of living crisis caused by the Russian invasion of Ukraine. We Conservatives recognise that pensioners are particularly vulnerable because they are on a fixed income, but there has been an additional £300 for winter fuel payments, the £400 discount on energy bills, £150 for affected council tax payments, and £650 additional means-tested support, as well as the additional payment for those with disabilities—and the list goes on.

On the triple lock, we will have to wait and see for nine more days, but even without it pensioners have been looked after by this Government. As the Prime Minister has repeatedly said, and as his record shows, all decisions taken by this Government will be compassionate and will look after the most vulnerable in society.

Cost of Living Increases: Pensioners

Jerome Mayhew Excerpts

Monday 21st March 2022 Commons Chamber

[Alan Brown]

I completely agree. I thank my hon. Friend for highlighting that point; he has been at the forefront of the campaign to highlight the effects of increased energy costs on those who are off the gas grid. That threefold increase in fuel costs is completely unsustainable and really does lead people to the choice between heating and eating.

Let us look at conventional households covered by the energy cap. Next month, the cost of energy for the average household will have increased by 75% compared with April 2021, a rise of more than £800 a year. Pensioners spend more time in their homes and are more likely to feel the effects of cold or damp, so increased energy costs disproportionally hit the elderly. Not being able to afford to heat their homes puts their health more at risk. There are already something like 10,000 premature deaths a year due to fuel poverty, and that was before the huge energy cost increases. It is truly shameful that in an energy-rich country, or group of nations, people are dying prematurely because they cannot afford to heat their homes.

National Energy Action has estimated that the cap increase will have caused a 33% increase in fuel poverty rates. If this rise continues without Government interventions, come October we will be looking at some 8 million fuel-poor households in the UK, with perhaps between 2.5 million and 3 million of those households containing pensioners. When we look beyond the phrase “heating or eating”, we see that the grim reality for people faced with that choice is starving or freezing or suffering in damp houses, and that brings us back to the possibility of more people dying prematurely. It is truly shameful.

The interventions that the Government have announced to date clearly do not go far enough. Even worse, the removal of the triple lock is taking more than £500 a year from the pockets of pensioners, as the Government’s own Red Book demonstrates. Earlier today and this evening, Tory Ministers were arguing that wage increases were a false measurement owing to the partial recovery from covid. They have used that to justify breaking the triple lock. Just four months on, however, we have evidence that a much larger pension increase than 3.1% is required. The facts are clear: the spring statement in two days’ time will provide the one opportunity to reinstate the triple lock, or at least, as a bare minimum, to introduce a mechanism for increasing pensions by 6.1% in line with the current rate of inflation and what the Scottish Government are doing with benefits.

It was good to hear the Secretary of State guarantee that if inflation is at 7% or 8% later in the year, at the point when calculations are being made for the purpose of future uprating, pensions will rise by that amount. I hope that the Government stick to that, and it is not just bluster at the Dispatch Box. We all know who pulls the strings; it tends to be the Chancellor, so I hope that the Secretary of State is lobbying the Chancellor, because we know that inflation is not going to go down any time soon.

While I am talking about inadequate measures, let me point out that the £150 rebate on council tax will not catch all pensioner households in terms of bandings; and, as the shadow Secretary of State said, many pensioners living alone or in receipt of pension credit already receive a full or partial council tax discount, and are therefore unlikely to benefit from the new council tax rebate measure unless the Government do something about it. Making others who have avoided debt all their lives take out a £200 loan to pay back later is also morally wrong. That loan should be converted to a grant for all, and certainly, as the bare minimum, for pensioners and those on benefits.

The Secretary of State spoke about the warm home discount, but, as she knows, the Government put no money into that scheme, although too many Ministers do not even understand that; it is actually paid for by other bill payers. While I welcome the extension of the discount to 3 million households, only 10% more pensioners will receive it. The Government should extend it further, but, in doing so, should provide some direct funding rather than imposing the funding on other bill payers. They should also consider extending the energy company obligation scheme so that more homes become energy-efficient, but that too should involve direct funding rather than other bill payers having to foot the bill.

Apart from the £150 funded rebate, the only direct Government intervention to date on energy has been the allocation of £1.7 billion for the development of Sizewell C. Not content with Hinkley Point C being the most expensive power station in the world, the Tories are determined to build another more expensive one. In their own impact assessment for the Nuclear Energy (Financing) Bill, the upper estimate of the capital and financing costs of the Sizewell C development is £63 billion. How will that help people who need energy costs to come down? And why did Labour vote to commit bill payers to that amount for a new nuclear power station? The money could be spent so much more wisely. There really needs to be a rethink on this nuclear policy.

There are other cost increases to be considered. For instance, the cost of food is rocketing.

[Jerome Mayhew (Broadland) (Con)]

I note the hon. Gentleman’s opposition to the gaining of low-carbon energy from nuclear. He has also told us that this is an energy-rich country. What does he think the Government should do with the Cambo oilfield? Should we open it up to reduce energy prices for pensioners?

[Alan Brown]

The hon. Gentleman is not comparing like with like. Cambo means more fossil fuel extraction, and there needs to be a proper assessment to establish whether this could be done in a way that is compatible with net zero. That is a test that the Government are refusing to apply. Apart from that, they should be investing much more in floating offshore wind, in tidal stream, in which Scotland leads the world, and in pumped- storage hydro, which is a dispatchable low-carbon technology. That scheme is ready to go, but the Government have not agreed a pricing mechanism. Then there is carbon capture and storage at Peterhead, in which respect Scottish customers have been let down again. So much more could be done in energy, and it would not cover even a portion of that £63 billion that has been allocated to nuclear. More energy efficiency reduces demand, and therefore reduces the need for new power generation. I hope I have answered the hon. Gentleman’s question.

[Jerome Mayhew]

Yes.

[Alan Brown]

Yes!

Returning to fossil fuel, obviously petrol and diesel prices have increased massively at the pump. They have gone up by between 35p and 40p a litre compared with a year ago—a 30% increase. That also means that while people struggle to run their cars, VAT returns to the Treasury have increased massively. The current rates compared with last year mean that the Treasury is getting something like £3 billion a year extra in VAT returns, but that should be recirculated to support hard-pressed people, especially pensioners. It seems that the Chancellor may respond to calls to cut fuel duty, but if he does, he will be demonstrating the folly of a 12-year duty freeze. When we had lower prices, that was the time when bolder action could have been taken to raise fuel duty, so that when fuel prices increased in the way they have, fuel duty could have been decreased. That would have created a much smoother curve, instead of peaks and troughs, and the Treasury would have had a far more stable income as well.

--- Later in debate ---

[Jerome Mayhew (Broadland) (Con)]

Last Saturday, like many hon. Members across the House, I was undertaking street surgeries and knocking on doors in my constituency. I spoke to several tens of pensioners, and it is absolutely right to say that the cost of living crisis is very much an issue, but it was also noticeable that people understand and recognise the causes of the crisis—the post-covid supply bottlenecks and, increasingly, the price that we all have to pay to support Ukraine and stand up to Russian aggression. I found universal support for the Government’s strong position and recognition that if we do not stand up to President Putin now, we will only make him stronger and ourselves weaker.

Although residents understand the causes, that does not make the cost of living crisis any less real, particularly in rural areas such as mine in Broadland where car transport is a necessity and homes are often heated by oil. People on fixed incomes are most vulnerable to inflation, which is why the Conservative Government over the past decade have done so much to raise pensions from the lows of the last Labour Government. In 2010, Labour spent £70 billion on pensions. The Conservatives have increased that by £35 billion—a 35% increase—while inflation, at 22%, amounts to a 13% real terms increase. Average earnings have been outstripped by pensions growth by 8% during this period. It is the case that state pensions are now at their highest, relative to earnings, for 24 years. It is so different from Labour, famous for its 75p increase in pensions.

Pensions are not just state pensions. Some 88% of all eligible employees are now participating in a private pension. That is not by chance; it is as a direct result of innovative Government policy. Pre auto-enrolment, fewer than 50% of workers benefited from an additional pension. Because of Government intervention an additional £28.4 billion has been saved every year since 2012 and continuing, raising living standards for pensioners of the future.

The Government are not just relying on years of pension increases, but are taking further steps to help pensioners with increased energy costs. We have already heard about the cold weather payment scheme, which provides £25 per cold weather week for those on pension credit, income support, income-based jobseekers’ allowance, income-related employment and support allowance or universal credit.

We have heard about the warm home discount, with an additional payment of £150 increased to 3 million households most in need. We have also heard about a reduction in council tax of £150 this year for council tax bands A to D, and the £200 of delayed payments for energy bills this autumn to help flatten the impact of the spike in energy prices. Then there is £144 million of discretionary fund. The two councils in my patch are considering applying that to oil heating support.

In addition to all those schemes, we know about the pension credits, which are guaranteed to top up weekly income to the equivalent of £9,200 a year. It is very heartening to hear the Government’s strenuous efforts to increase the take-up of that scheme. We have the spring statement later this week. I, like many others, am hopeful that there will be additional assistance with the cost of living, particularly for pensioners and particularly for rural areas, such as the one that I am lucky enough to represent.

I know that the Chancellor will continue to do all he can to support pensioners and others on lower incomes. If he does so, he will be building on a decade of support by Conservative Governments.

British Sign Language Bill

Jerome Mayhew Excerpts

3rd reading
Friday 18th March 2022 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

It is a great pleasure to speak in this debate. I too wish to pay tribute to the hon. Member for West Lancashire (Rosie Cooper). It is great to sit in this Chamber and learn about things from someone with such enormous experience and expertise. I very much enjoyed listening to her speech introducing this Third Reading debate.

This Bill is important because BSL is important. It is the primary language for up to 90,000 of our fellow citizens and residents of this country and it has up to 150,000 users. It is important to re-emphasise the point that has been made a couple of times today: BSL is not a direct translation of English; it is its own language. We cannot assume that BSL users have equivalent comprehension in English, or in fact any other language. If we ask whether BSL users should have the same right of access to Government services as everyone else, the obvious answer is yes. If we can support access to Government services for BSL users, we should and for that reason, I wholeheartedly welcome the Bill.

The impact of the Bill will be to encourage increased work to promote and facilitate the use of BSL across Government Departments. The heavy lifting is undertaken by clause 2(1) and (2), which place a duty on the Secretary of State to report what progress has been made by the 20 Departments named in the schedule to facilitate and promote the use of BSL.

At first glance, that seems a rather odd way to achieve the desired result, but from my previous career as a businessman, I know full well that we get what we measure. The requirement to measure and thereafter to report every three years as a minimum on the progress that those Government Departments are making will, in effect, be a very good prod to encourage further work. I note in passing that it is a GB-wide Bill. By focusing on GB as opposed to the United Kingdom, it takes account of the sensitivities of communities in Northern Ireland, which is sensible.

Clause 3 requires the Secretary of State to provide guidance to the Departments on how best to promote and facilitate BSL. Every bit as important as that statutory duty is the creation of the non-statutory advisory body, which will provide a voice for BSL users and people with real expertise on how the language is being used in our community. It will give them access to the heart of Government decision making and will give the right kind of advice to the Secretary of State and, by extension, the 20 named Departments.

[Dr Hudson]

I rise to congratulate the hon. Member for West Lancashire (Rosie Cooper) on this fantastic Bill about equality of access. It is such an important Bill and I wish it well in the other place. I agree with my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) that this House is at its best when it unites to right a wrong. That is important. On the point that my hon. Friend the Member for Broadland (Jerome Mayhew) was making about the requirement for Government Departments to have that guidance given to them, does he agree that the fact that the guidance in the Bill goes across Government will provide equality of access?

[Jerome Mayhew]

I agree with my hon. Friend. The large scope of Departments affected by the Bill—all 20 named in the schedule—shows that its intention, and I hope effect, is to provide the promotion and facilitation of BSL use across the arms of Government.

We need to consider the Bill’s impact on the taxpayer. The assessment is that the financial impact will be almost negligible, because it works on the attitude and focus in Government. It does not require a large expenditure of money; it requires effective use of the approach that Departments take to BSL use. As the hon. Member for West Lancashire made clear in her opening remarks, it is about not thinking of BSL as an also-ran or an afterthought, but applying forethought to every announcement and all the work of Government. It is about taking BSL into account as part of business as usual, not as a secondary consideration.



It is 19 years since BSL was recognised as a language, and I want to take this opportunity to celebrate this further small, but important, step in support for BSL users. David Buxton, British Deaf Association chair, has said:

“Deaf people in Britain never gave up hope that their language would one day be not only recognised in law, but also protected and promoted so that deaf people are finally able to access information and services and achieve their potential on an equal basis with their fellow hearing citizens.”

I am very proud to support the Bill.

Elections Bill (Fourth sitting)

Jerome Mayhew Excerpts

Committee stage
Thursday 16th September 2021 Public Bill Committees

[The Chair]

Thank you. Jerome Mayhew.

[Jerome Mayhew (Broadland) (Con)]

Q May I ask a question of clarification on the evidence that we have just heard? First, thank you very much for coming to give evidence, Mr Millar. It is a great pleasure to have someone of your expertise and experience assisting the Committee.

You expressed a concern a moment ago that the Minister, under clause 25, would have the ability to add to the list of categories. There is a rationale for that, which I hope we can agree on: as the sector develops, there will potentially be a need for the legislation to respond to growth in the sector, and it would be beneficial were the legislation able to satisfy that need. In those circumstances, is it not reasonable for the legislation to allow for an affirmative procedure in both Houses to give Parliament’s consent to the decision of the Minister? I am really challenging the rather bold assertion that it is the Minister who decides. It is not, is it? It is Parliament that will decide, and not just by the negative procedure; it is by the affirmative procedure in both Houses. Is that correct?

Gavin Millar: I concede that point. There is a form of parliamentary procedure that will enable scrutiny of how the power is being exercised. Members of the Committee and parliamentarians will know better than I do as a lawyer how effective that is likely to be. The main thing is to avoid unconstrained powers. The premise of your question was that there would be a legitimate concern that needed to be addressed through subordinate legislation and the Minister’s decision. That is fine, but the question is what sort of things we are talking about, and in what circumstances such a power will be exercised. I get very anxious about provisions—perhaps I am too old, or too old-fashioned, because they are a rather more contemporary thing—that are in very broad terms. When the primary legislation is enacted, it is difficult to anticipate for what purposes they will be used and what would be regarded as a justifiable change in the law, but I take the point that if it is the affirmative procedure there is parliamentary scrutiny.

[Jerome Mayhew]

I am very grateful. That is the only thing I wanted to clarify.

[Patrick Grady (Glasgow North) (SNP)]

Q On the provision for the Minister to set a statement for the Electoral Commission, the Government argue, I think, that it is not uncommon for the Government to set a policy framework approved by Parliament for independent regulators. However, I wonder whether you agree that the Electoral Commission is strictly comparable to Ofgem, Ofsted or some other independent regulators, given that it regulates the candidates and the people who are elected to make these laws in the first place. Do you have any reflections on that?

Could you also say a little more on the value or otherwise of a more comprehensive effort to consolidate electoral law? We have a lot of Representation of the People Acts. This is not a representation of the people Bill; it has been called the Elections Bill. I do not know whether there is any legislative or theological difference between the titling of these different Bills and Acts, or the things that they have done over the years. Where do you see the merit in perhaps a stronger effort to consolidate the different pieces of legislation that govern the electoral framework?

Gavin Millar: In relation to the Electoral Commission, we need to start at the beginning, as it were. The Political Parties, Elections and Referendums Act 2000, known in the trade as PPERA, created the Electoral Commission for the first time—it was the first time we had had one in this country—but [Inaudible] an Electoral Commission that does not actually have a role in administering, overseeing and running elections in real time, and that does not have powers to investigate conduct and outcomes, and still less overturn those outcomes. It is important to understand that other countries have equivalent entities with much stronger roles in each of those areas. We are starting from a pretty low base in terms of what the Electoral Commission has been created to do.

As far as I can see, there is no case here for any of the three main changes proposed in the legislation in relation to the Electoral Commission. First, there is the strategy and policy statement, which, as I understand it, is going to tell the regulator what it should and should not be doing. Secondly, the Electoral Commission’s willingness to do what it is told, and its success or otherwise in doing what it is told, will be overseen—one might cynically say “marked”—by the Speaker’s Committee. Thirdly, clause 15 takes away from the Electoral Commission the power to prosecute. I can see no case or justification for any of those measures.

An Electoral Commission should be independent of Government; it should be free from Government influence as a matter of principle, because of its role in a democracy. It should be rather akin to the police or the Crown Prosecution Service in that respect. Its decision making, and indeed its powers to investigate and act, should be framed and guided solely by the public interest and the merits of the evidence before it. Does this need to be investigated? To what extent does it need to be investigated? What has gone wrong? What needs to be done? It should be answerable to Parliament as a whole rather than to a single Committee or a small group of politicians. That seems to me a key and obvious point of principle.

My own view is that the Electoral Commission should have more powers and resources—hopefully under the codified and modernised statutory regime that I have suggested—rather than less, which is what seems to be the aim at the moment, particularly in relation to the removal of the power to prosecute. Why? Well, because it is the only player in the game. It is the only possible resource for dealing with breaches of election law, in its limited area, other than through criminal prosecution and civil litigation.

As far as the former is concerned, the police and prosecutors frankly do not have the resources or expertise to tackle offending under the RPA or PPERA, and I am absolutely certain that much goes uninvestigated and unprosecuted at the moment. That is extremely undesirable in our system. Civil litigation—by candidates, judicial review, election petitions and so on—is costly, cumbersome, time-consuming and very difficult to undertake. All those factors indicate that we need an empowered and funded Electoral Commission to tackle problems as they come up. They are experts and specialists; that is why they are there and should be there.

On the second point you asked about—I will try not to become boring, because I could wax lyrical about this for hours—as you probably know, essentially we have two strands to our election law. We have the Representation of the People Act 1983, which is the primary statute regulating three things: the exercise of the franchise, the conduct of elections and challenges to elections after the event. There are various problems with it, but the main one is that it is the most recent of a long succession of Acts with the same name in the 20th century, and indeed there were earlier equivalents going back into the 19th century. They have often been a political compromise in Parliament, simply enacted by way of consolidation with only minor amendments. What we have ended up with is really an awful lot of 19th-century provisions that have hardly changed in their wording.

On top of that, in that strand of the law—the actual regulation of the administration of elections—there have been many, many more pieces of primary and secondary legislation relating to those three areas of our law since 1983. They either come in statutory instruments or they go into amendments to the RPA, so you get these long lists of amended sections with ZA numbers after the primary number, and it becomes wholly unwieldy and unmanageable.

The Law Commission’s report, where it recommended this, alluded to a problem that surfaced in the 2010 general election. I am sure you all remember that there were queues at polling stations and people were unable to get in and vote when they closed at 10 pm. That is an unresolved issue in our election law. The Law Commission make the point that when Parliament had to correct that to make sure people queuing at that point could get in, 10 different pieces of legislation had to be amended to achieve that one single result. That is how bad it is.

In addition, the second strand is the PPERA strand, which came into play in 2000 with completely new and different areas of election law. In particular, as we know, it included the regulation of national campaign expenditure by political parties and third-party campaigners, as well as permissible donations. Again, accretions and additions to that legislation over the years have made it incredibly complicated.

So what is election law? Well, it is ill-defined, but essentially it is everything surrounding those two huge pieces of legislation and the case law they have thrown up. One of the advantages of consolidation would be to be clear about what needs to be regulated in elections. As I have said, it seems to me that the whole issue of campaigning between long and short campaign periods is now election law. That is just the reality of it in the modern world, just as we have accepted that what goes on on the internet is election law, which we never did before. Modernising and consolidating would give us a much broader definition of election law.

As you point out, in this Bill we have bits relating to each. We have bits relating to PPERA and bits relating to the RPA regime, and it is now simply called the Elections Bill, which is a sort of combination of two strands of our law, and it is a bit of a rag-bag really. I am not saying that some of the things are not desirable—clearly they are—but they are not urgent and they should not be given priority over this much more fundamental issue that needs to be resolved, which is a consolidated and complete electoral code.

Elections Bill (Third sitting)

Jerome Mayhew Excerpts

Committee stage
Thursday 16th September 2021 Public Bill Committees

[The Chair]

We have to move on. I promised Jerome Mayhew that he could come in, so if we have time at the end, I will bring you and Paul Bristow back in, Ms Hollern. We are against the clock. Mr Mayhew?

[Jerome Mayhew (Broadland) (Con)]

Q Thank you very much, Ms Rees. Maurice, thank you very much for taking part in this evidence session. In your primary evidence, you suggested that you were very concerned about the voter participation of BAME groups if photo ID were required. The rationale that you gave—I took a note at the time—was that between 47% and 50% of BAME potential voters had photo ID. Is that correct? Is that your view?

Maurice Mcleod: Sorry, can you say that stat again? I may have got the stat jumbled at the time. Can you repeat that?

[Jerome Mayhew]

In your evidence earlier on today, you suggested that when you started to look at BAME voters, the incidence of availability of photo ID dropped to 47% to 50%. Is that your view?

Maurice Mcleod: Yes. I believe it is 48% of black people.

[Jerome Mayhew]

Q So roughly that. I am not holding you to a particular percentage, but roughly 50%. That is the basis of your concern, or one of the bases of your concern, about the fear of reduced voter participation in black and ethnic minority communities. Is that right?

Maurice Mcleod: It is part of it. It is one of the things that gives me concern that this will have a particular impact on those communities, yes.

[Jerome Mayhew]

Q We have a slight advantage. I am not going to try to trip you up on this; I am just going to read out some data that we have the advantage of having. In March of this year, the Cabinet Office undertook some independent research, done by the independent research company IFF, in which they telephone interviewed 8,500 people from right across the country to establish the facts—the real data—behind that assertion. Their conclusion was that among the general population, 98% of the population had relevant photo ID, and in the BAME communities, that figure was 99%. Given that very significant difference between your concern that it was less than 50% and the reality that it is 99%, would you accept that your concerns are based on a false premise and that you are, to that extent at least, reassured?

Maurice Mcleod: If it turned out that 99% or whatever you just said of BAME people do have relevant ID, that is quite reassuring indeed. There was lots of talk about this in the Commission on Race and Ethnic Disparities’ report; I would be interested in seeing a proper breakdown, because it is all very well saying, “Minority ethnic people have IDs”, but if that ignores Gypsy, Roma and Traveller people in particular, or particular groups who have much lower numbers of take-up, that would still be a concern. In fact, it would mean that those groups are even more marginalised, because they are a special case: their lack of the required ID is not being flagged up.

[Jerome Mayhew]

Q I quite understand. We have already heard that “BAME” includes a large number of sub-groups, but under the methodology of that independent research, one of the key areas was

“What percentage of the eligible population do not hold at least one form of photo ID currently under consideration for the voter ID requirement?”

and

“What is the level of ownership of the required photographic ID in groups with protected characteristics? specifically with reference to:

Race or ethnicity

Disability; and

Age.”

This was a very thorough and independent piece of research, and if that is the case—you can look at it on the gov.uk website, so it is publicly available—that would, as you say, provide you with a degree of reassurance.

Maurice Mcleod: I would feel slightly better. If everyone had a relevant form of photo ID, I would feel slightly better about this. It is like saying you need to bring your front door keys when you come along and vote. Most people have a front door key; it would still stop some people from voting.

[Jerome Mayhew]

I agree, and you made some very good points. Thank you very much.

[The Chair]

Order. I am afraid that brings us to the end of the time allotted to the Committee to ask questions, and indeed for this morning’s session. On behalf of the Committee, I thank our witness for his evidence. The Committee will meet again here at 2 pm this afternoon to continue taking oral evidence. I invite the Government Whip to move the adjournment.

Ordered, That further consideration be now adjourned. —(David Rutley.)

Income Tax (Charge)

Jerome Mayhew Excerpts

Thursday 4th March 2021 Commons Chamber

[Jerome Mayhew (Broadland) (Con) [V]]

Thank you, Madam Deputy Speaker. Yesterday’s Budget had to support people and businesses through this moment of crisis, begin to fix the public finances and build our future economy. The Government’s support for employees and businesses has been nothing short of monumental—we all know that. It has saved millions of people from losing their jobs and prevented hundreds of thousands of businesses from going bust—businesses that are now up and running and able to repay that support as they drive our economic recovery.

My right hon. Friend the Secretary of State for Work and Pensions described just some of the myriad support that her Department continues to provide to people in need of additional support. In my constituency, I have seen the kickstart scheme being adopted by local employers, who are keen to take advantage of the support for new employment for young people. I have to refer to my entry in the Register of Members’ Financial Interests, because my former business has also joined the kickstart programme. It has done so because kickstart is a great programme that works for business and for young people at risk of long-term unemployment alike. I have visited my local jobcentre in Fakenham and seen the plans to double the number of job coaches across the country, in order to get people who have lost their job back to work as soon as possible. I welcome the Chancellor’s decision to continue his massive support for employment, the self-employed and business right through to September, some months after we should be fully out of lockdown and all our businesses should be back up and running. This Chancellor is focused on jobs above all else and he is absolutely right to take that approach.

However, the immediate recovery is only the first challenge. The Chancellor also needs to lay the ground for our fiscal recovery and the structure of our future prosperity. The British people understand and accept that the massive payments from the Treasury over the last year have to be paid back. The Chancellor acknowledged that that will be a long task, for many Budgets, but it is right that he should be frank with us about the scale of the challenge and where we have to start. Nobody normal likes tax rises, but we get it. Our incomes have been supported by tax money over the last year, so a gradual clawback via the freezing of income tax thresholds is a fair way to start the job; it is a sensible, gradual approach, where the better-off pay more. Likewise, businesses accept that it is fair to start to repay the huge support they have received. The increase in corporation tax on profits of larger companies starts in two years’ time, after a huge boost to investment through the £25 billion super deduction tax cut. It makes sense.

This is a Budget for recovery and growth. The former Labour Member for Birkenhead, now Lord Field, said yesterday

“To be successful in politics, you have to ride two political horses simultaneously. Rishi has done a budget for the hour and made the possibility of long-term prosperity...Best budget in my 42 years in politics.”

He was not wrong.

Universal Credit: Court of Appeal Judgment

Jerome Mayhew Excerpts

Thursday 25th June 2020 Commons Chamber

[Will Quince]

I thank the hon. Gentleman for his question. I stress that we received the judgment only on Monday and it is a hugely complex issue. That is recognised by the court—it is not a simple fix, as the hon. Gentleman points out. He knows that we are facing unprecedented demand, because he has raised this question with me before. I said that I will keep the House and the right hon. Member for East Ham (Stephen Timms), the Chair of the Work and Pensions Committee, updated as we progress.

On the hon. Gentleman’s points relating to assessment periods, there are some aspects of the universal credit system that are fundamental to its design and are deliberately designed to achieve its original objectives—to mirror the world of work. This includes the mechanism of a monthly assessment period and, of course, the initial assessment period at the beginning of a claim. It is important to stress that over 75% of people in this country are paid monthly and the majority of countries in the European Union also have systems that operate on a monthly basis.

[Jerome Mayhew (Broadland) (Con)]

In March alone, about 1.24 million new applicants relied on the universal credit system to be able to process their claims and pay them within days vitally important sums of money to help them live. While the case has properly highlighted about 1,500 outlier cases, does my hon. Friend agree that it was the Government’s decision to invest in an automated digital system that does not require manual intervention by DWP officers to carry out individual calculations of the amount of an award that has allowed this to happen?

[Will Quince]

My hon. Friend is absolutely right. It was this Conservative Government who introduced our modern, dynamic, agile new benefits system, tailored for the claimant’s personal circumstances. The fact it is online means we have been able to process the claims of more than 3 million people, getting them the support they desperately need as quickly as possible. Just imagine for a moment, Mr Speaker, the chaos that would have ensued had we been relying on Labour’s broken legacy benefits system alone. Thank heavens for universal credit.

Oral Answers to Questions

Jerome Mayhew Excerpts

Monday 27th January 2020 Commons Chamber

The Secretary of State was asked—

[Jerome Mayhew (Broadland) (Con)]

1. What steps she is taking to work with pension funds to encourage them to make investment decisions that help tackle climate change.

[Ruth Edwards (Rushcliffe) (Con)]

3. What steps she is taking to work with pension funds to encourage them to make investment decisions that help tackle climate change.

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)]

With over £1.6 trillion in assets, UK occupational pension schemes have a significant role to play in supporting the Government’s commitment to net zero by 2050. Our environmental, social and governance regulations, introduced by this Conservative Government in October 2019, mean that schemes are now required to disclose their policy on climate change. In March, we intend to publish game-changing guidance on climate-related financial disclosure. I have written to the 50 largest schemes in the country to urge them to act on their investment duties and to tackle climate risk.

[Jerome Mayhew]

I welcome the progress that has been made on pension funds addressing climate change and ask the Minister to meet me concerning a constituent who is unable to access her pension fund without paying in excess of £2,000 in fees for independent financial advice —money she does not have until she accesses her fund.