Welfare Reform Bill

Lord Watts Excerpts

Wednesday 1st February 2012 Commons Chamber

[Maria Miller]

I will make a little more progress, if the hon. Gentleman will forgive me.

We are doubling Government spending on relationship support with an additional £20 million. I want to put on record my thanks to those groups that have worked hard with us to develop what that support should be—they are, as I have said, Gingerbread, Relate, Families Need Fathers, and the Centre for Separated Families. For families that need the more structured approach of the statutory scheme it will remain accessible and heavily subsidised, but there will be in-built incentives for parents always to see the advantages of working collaboratively and in-built incentives for parents to pay maintenance in full and on time.

Maintenance direct will be a no-cost way for parents to make ongoing payments to each other within the statutory scheme and the full statutory collection scheme, with its strong enforcement powers, will be a service that both parents pay for.

[Mr Dave Watts (St Helens North) (Lab)]

Does the Minister share my experience that it is not a question of the system but a matter of enforcement? Whether the process is voluntary or goes through the Child Support Agency, the problems of children not receiving any money come about because there is either no enforcement or the enforcement is not effective. How will the system provide the enforcement action that is needed?

--- Later in debate ---

[Maria Miller]

I thank my hon. Friend for her support. The key is that we must ensure that we encourage both parents to work together, which is why we have configured the charging system in the way we have. That will always be in the best interests of the child, and hon. Members who work in this area will know that separation can be so damaging for children unless it is dealt with collaboratively.

[Mr Watts]

I am still not absolutely sure what the enforcement action that will drive some parents to pay will be. On the point that the hon. Member for Devizes (Claire Perry) has just made on people who have doubts about their spouse’s income, many of those people are self-employed and do not declare their incomes, so we will not be able to chase them, and that is the problem, not that PAYE will not catch them.

[Maria Miller]

The hon. Gentleman and I know that self-employed people, although a small number of individuals, are disproportionately represented in the problem cases that hon. Members have. He will also know that self-employed people still have to do tax returns, so rather than ex-partners having to pursue individuals who might be self-employed and have no office at which we can get hold of them, we will be able to use the HMRC link, which I think is an important improvement.

With regard to the enforcement that we will be taking to ensure that things really stick, first and foremost it is about ensuring that there is an understanding in the House about the charges that we will put in place for that enforcement action. Implementing a deduction of earnings order does not currently cost the person defaulting on their maintenance a bean. We are talking about making sure that those charges are passed on, which I think taxpayers would expect us to do. We will also consider implementing some of the other enforcement measures that Labour Members put in place through the Child Maintenance and Other Payments Act 2008.

--- Later in debate ---

[Mrs McGuire]

I listened to what the hon. Lady said, but she has obviously had no experience of trying to arrange a mutual swap in a small local authority area. We will have not only mutual swaps in small local authority areas, but national swaps, all supported by some anonymous Government agency. Frankly, the hon. Lady is living in cloud cuckoo land.

[Mr Watts]

Will my right hon. Friend encourage people to consider judicial review, because they are being asked to move to smaller accommodation that does not exist, on which basis the Bill is a fine on benefits and a fine on some of the poorest people in Britain?

[Mrs McGuire]

My hon. Friend makes a very good point and no doubt he will pursue it outside this House.

Before I move on, I want the House to hear what Lord Freud said in the other place when asked about how people would cover the reduction in rent. The Minister glibly passed over it, saying that it was only £12 or £14 on average. Lord Freud said:

“Claimants affected by this measure will have to decide whether to meet any shortfall themselves—from their earnings for example, or they could take in a lodger, or someone they know, to fill the extra bedrooms.”—[Official Report, House of Lords, 18 October 2011; Vol. 731, c. GC72.]

How many times does the Government expect people to take lodgers into their family home? Will social landlords even allow lodgers to be taken in, because in my experience they do not allow it? I see the Liberal Democrats are nodding. Ministers also need to make it clear whether rent received in such circumstances would be taken into account in benefit calculations. They are putting people in an unbelievable bind.

This proposal is ill thought-out and will not achieve its aims. It is predicated on an assumption in the impact assessment that will not work. It will push the poorest people, including those who are working—we should not forget that this is an in-work benefit—into even greater disadvantage. It will force social landlords to take eviction action if people end up in arrears. In other words, it is a disaster of a policy, and we should support the Lords in these amendments.

--- Later in debate ---

[Andrew Percy]

We all want to achieve a service that is fit for purpose, but I am not sure that the charge is about delivering such a service. It will certainly not cover the cost of so doing. It seems to be more about effecting a cultural change, and I do not believe that charging the mother £20 will effect such a change. It would therefore end up being a tax on the mother who is trying to get money from an errant father. That is why I have a bit of a problem with the principle.

[Mr Watts]

Will the hon. Gentleman give way?

[Andrew Percy]

I will not give way at the moment, as I want to say a little something about under-occupancy, and a lot of people want to speak in the debate.

I listened to the debate about under-occupancy, and I am sorry that it turned into such a knockabout. There is significant under-occupancy in parts of the area that I represent. In my time as a councillor in the city of Hull, I represented a big council estate on which there was a huge amount of under-occupancy, which was largely, but not entirely, due to older people. Dealing with the matter is not as simple as just talking about housing swaps. I have tried to arrange housing swaps for constituents within the local authority, never mind outside it, and it is incredibly difficult. One party often gets cold feet and pulls out of the arrangement, for example. It is not easy to achieve at all.

That does not mean that we should do nothing about the problem, however. The point made by my hon. Friend the Member for Aberconwy (Guto Bebb) was interesting in this regard. We talk about under-occupancy figures, but we must also consider the figures for over-occupancy.

--- Later in debate ---

[Mr Watts]

Will the right hon. Gentleman give way?

[Mr Lilley]

I will.

[Mr Watts]

I am grateful.

How are people supposed to downsize when such properties do not exist? Is it not a disgrace that the House is legislating to ask people to do something that they cannot do?

[Mr Lilley]

What I am saying is that in my constituency I encounter people who have no spare room but want one, not people who have a spare room and want to give it up. The situation may be different in the hon. Gentleman’s constituency.

Let me now move on the point that I really want to make, which relates to the Lords amendment dealing with Child Support Agency charges. I am reluctant to discuss the Child Support Agency, as I was the hapless Secretary of State who had to introduce it after it was legislated for by my predecessor. Discretion being the better part of valour, I always delegated the matter to my hon. Friend the Member for North East Bedfordshire (Alistair Burt), whose emollient manner proved the text in Proverbs that a soft answer turneth away wrath. I kept as distant from it as I could.

--- Later in debate ---

[Jenny Willott]

I thank the Minister for that useful information, which answers in part some of the questions I was going to ask.

It would be helpful if the Government kept an eye on progress. Certain money has been put aside for adapted properties, foster carers and so on, but it would be useful to know that if other vulnerable groups or particular parts of the country are identified as a particular problem, the Government would ensure that that was taken into account in the future allocation of money and in how they look at the impact of the policy on households.

On the Child Support Agency, there is a problem with up-front costs, particularly with the gap that was originally in the proposals between the amount required from those who are working compared with that required from those on benefits. I therefore welcome the Government’s announcement today that they are reducing the fee to £20, which will make a significant difference for a lot of households. Now, we just need to make sure that the service being provided is worth the up-front fee, which frankly it has not been in the past. I hope that we will see some progress in this area so that people will feel they are getting something for their money.

The Minister knows about a particular concern of mine, which I want to raise again today. I still have serious concern about the closing down of old cases and their transferral to the new system. I am sure that all MPs have had people come to see them in surgery with cases in which an irresponsible non-resident parent will not pay, plays the system, refuses to support their own children, and takes years to pin down until a deduction of earnings order in finally put in place. I am concerned about the impact on children of cancelling those orders and making the parent with care start the entire process again, not least because of the difficulties many have had with the CSA in the past and the lack of faith they have in the system. I would be grateful if the Minister would ensure that those cases were prioritised to ensure that when they are transferred to the new system they are properly monitored so that payment keeps flowing as much as possible and that if payment must stop it is only for a very short period so that huge arrears cannot build up, because those cases are the most likely to have a background of large arrears already.

[Mr Watts]

Will the hon. Lady give way?

[Jenny Willott]

I will not I am afraid.

This group of amendments is very varied and we have had a wide debate this afternoon. The Government have made improvements to the Bill, which I welcome, particularly those to the CSA fee. I hope that the Minister will take into account the points that my colleagues and I have raised, particularly on the issue of housing under-occupancy, which is probably the issue of most concern to us in the Bill. So far, I have found that Ministers have listened and taken concerns on board, and I hope they do that today because the Bill is in a much better state now than it was at the beginning of this process.