Child Support Collection (Domestic Abuse) Bill

Paul Howell Excerpts

Friday 3rd March 2023 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con)]

I thank my hon. Friend, the Minister for Social Mobility, Youth and Progression for moving these important Government amendments. I was delighted to co-sign them. These new amendments will allow for the provisions in the Bill to include Northern Ireland. That will mean that domestic abuse victims, not just in our English constituencies, but throughout the United Kingdom, will benefit from the measures in this Bill. I am sure that all Members here today can recognise the importance of that.

The Minister has assured me that officials will be working closely with legal colleagues and the other Administrations across the United Kingdom to ensure that the provisions are implemented effectively. I thank all Members for joining me here today and for their support of this Bill.

[Paul Howell (Sedgefield) (Con)]

I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing this Bill before the House to address such an important issue. I expect that problems with the Child Maintenance Service and domestic abuse are some of the most universal and least partisan that my colleagues and I encounter in the course of our work.

As we know, domestic abuse is not limited to any particular group—anyone can be a victim. At the same time, it is helpful to recognise that the economic impact of domestic abuse is particularly severe for single mothers, who make up 90% of single-parent households, and whose opportunities to work may be limited by childcare. A study by the Institute for Fiscal Studies found that pre-pandemic, nearly half the children in single-parent households were living in poverty. Single parents are likely therefore to need childcare payments, because of the considerable costs associated with raising children, yet those who experience domestic abuse can find themselves still vulnerable to abusive behaviour through the structure of the CMS. Last year, the Public Accounts Committee concluded in its report on the CMS that the system is not—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I hesitate to interrupt the hon. Gentleman, but I did put down the marker at the beginning that Members should be speaking to amendments on Report. He is making a Third Reading speech. He is welcome to retain the Floor, but he must stick to the amendments.

[Paul Howell]

My apologies, Mr Deputy Speaker. I will wait for Third Reading.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

Clause 4

Extent, commencement and short title

Amendments made: 1, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.

This amendment is consequential on NC1.

Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 3.

Amendment 3, page 3, line 20, at end insert—

“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”

This amendment provides for NC1 to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991.

Amendment 4, page 3, line 24, at end insert—

“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).

(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).” —(Mims Davies.)

This amendment enables the Department for Communities in Northern Ireland to make transitional or saving provision in respect of Northern Ireland corresponding to that which may be made by the Secretary of State in respect of England, Wales and Scotland.

Third Reading

--- Later in debate ---

[Paul Howell]

Thank you, Mr Deputy Speaker. I will start again.

I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing forward a private Member’s Bill to address such an important issue. I expect that problems with the Child Maintenance Service and domestic abuse are some of the most universal, least partisan issues my colleagues and I encounter in the course of our work. Domestic abuse is not limited to any particular group—anyone can be a victim. At the same time, it is helpful to recognise that the economic impact of domestic abuse is particularly severe for single mothers, who make up 90% of single-parent households and whose opportunities to work may be limited by childcare responsibilities.

Like many Members, I have had people come to my surgeries to talk about coercive, hidden abuse that is very difficult to get on the record. That does impact the decisions that are required in this space. A study by the IFS last year found that, pre-pandemic, nearly half of children in single-parent households were living in poverty. Single parents are likely to need child maintenance payments because of the considerable costs associated with raising children, yet those who have experienced domestic abuse can find themselves still vulnerable to abusive behaviour through the structure of the CMS.

Last year, the Public Accounts Committee concluded in its report on the CMS that the system is not designed to protect victims of domestic abuse, even if it may be the “safest and only way” for them to receive child maintenance payments from an ex-partner. The following is not a comprehensive list, but some ways abusers misuse child maintenance payments are: putting abusive messages in the payment reference; making payment dates unpredictable to interfere with benefit payments; and, in some cases, using the location of the bank account to find the area where the resident parent lives.

I understand why direct payments are the preferred method of child support payments for the CMS. In an ideal world, parents would be able to split amicably and divide the financial responsibility for raising their children equitably; unfortunately, that is often not the case. In situations where the relationship is not only difficult but abusive, it is simply unreasonable for the CMS to ask victims to arrange direct payments with abusers or find out their income details and workplaces themselves.

The Domestic Abuse Commissioner recommends that victims and survivors of domestic abuse are automatically offered the collect and pay option without fees. The Bill’s provision for either parent to object to direct pay on the grounds of domestic abuse represents a significant improvement in the law’s protection for survivors of domestic abuse. However, it fails to address some issues and I hope Ministers will consider introducing future legislation to tackle them. 

It is, for instance, too easy for the paying parent to hide earnings by dropping from pay-as-you-earn on to self-employment and making the visibility of the numbers not good. That deprives children of the financial support they need, and from the Treasury’s perspective it contributes to tax avoidance. Once the paying parent is put on collect and pay, the relief for the resident parent may be temporary, however, and it is important that we deliver these proposed changes. I commend my hon. Friend the Member for Hastings and Rye for bringing the Bill forward.