Child Support Collection (Domestic Abuse) Bill

Vicky Foxcroft Excerpts

Friday 3rd March 2023 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a genuine pleasure to respond to this debate from the Opposition Front Bench. I thank and congratulate the hon. Member for Hastings and Rye (Sally-Ann Hart) on bringing this important Bill to the House and on all her hard work in this area. We fully support the Bill and see it as a welcome step in the right direction. Like colleagues before me, I pay tribute to the many organisations who work tirelessly to support victims of domestic abuse and who have campaigned on this issue, particularly Refuge, Gingerbread and Surviving Economic Abuse.

As we have heard, the Bill—which I know is fully supported by the Government—will make important changes to legislation to allow the Child Maintenance Service to collect and make payments on behalf of victims of domestic abuse without the consent of the ex-partner. This will, I am absolutely sure, come as a huge relief to many.

However, the Opposition remain concerned that there is still outstanding work to be done. On Second Reading and in Committee, Opposition colleagues including my hon. Friends the Members for Reading East (Matt Rodda) and for Birmingham, Yardley (Jess Phillips) pressed the Department on the 4% charge payable by the receiving parent where collect and pay is used, and the hon. Member for South Cambridgeshire (Anthony Browne) has also raised that issue. In Committee, the Minister confirmed that the Government are

“willing to consider…where exemptions may be appropriate”.––[Official Report, Child Support Collection (Domestic Abuse) Public Bill Committee, 14 December 2022; c. 9.]

That is encouraging, but I again stress our view that victims of domestic abuse should be exempt from paying the 4% fee. I am aware that they are exempt from paying the £20 application fee, which is absolutely right, but they are then effectively penalised every month simply for using a service that stops them having to have contact with their abusive ex-partner. I hope we can all agree that that is grossly unfair.

Colleagues have mentioned the evidence requirements, which will be set out in secondary legislation. In Committee, the hon. Member for Hastings and Rye stated:

“The aim is to produce evidence requirements that are sensitive to the needs of domestic abuse victims and that have been carefully evaluated and tested.”

She went on to state that she had received assurances that the Department will work with colleagues in the Home Office, the Ministry of Justice and others

“to ensure that the definition of domestic abuse is consistent…across Government.”––[Official Report, Child Support Collection (Domestic Abuse) Public Bill Committee, 14 December 2022; c. 4.]

I take this opportunity to stress, as we have at all stages of the Bill, that it is vital for Ministers to get the evidence requirement right, as the effectiveness of the Bill hinges on it.

More widely, I call on the Government to ensure that victims of domestic abuse feel as safe as possible when using the CMS. Organisations such as Gingerbread and Surviving Economic Abuse have called for statutory guidance to set out the training CMS staff receive on domestic abuse, and in Committee my hon. Friend the Member for Birmingham, Yardley pushed the training point. The Minister responded with robust promises that CMS processes and procedures have been strengthened substantially and that caseworkers are equipped with a toolkit to support customers experiencing abuse. I am sure we have all dealt with domestic abuse cases in the course of our constituency casework and seen at first hand how difficult it can be for victims to leave. The Government must do all they can to equip them with the tools they need to move forward with their lives, including on the vital issue of financial stability.

I will finish on a quick point about enforcement. Currently, very little appears to be done in cases where the paying parent does not meet their obligations. In cases of domestic abuse, that may leave already vulnerable victims and their families destitute. Although that falls slightly outside the direct scope of the Bill, I would be grateful for reassurances from the Minister in this area.

Despite those continuing concerns, I very much welcome the Bill and congratulate the hon. Member for Hastings and Rye wholeheartedly on getting it through to this stage. I hope the Government will continue to build on this legislation and, more widely, the Domestic Abuse Act 2021, to deliver a strong, co-ordinated cross-Government approach to domestic abuse.

--- Later in debate ---

[Vicky Foxcroft]

I thank the Minister for her commitment to look into the issue and that it will be done in future. Can I press her further to give us some idea of when that might be?

[Mims Davies]

The hon. Lady should expect it to be early 2024, but I am keen to get on with it. I hope that is a timetable that we can stick to, but we will do our best to bring it about sooner.

On the Northern Ireland amendments, I reiterate that it is important for the measure to cover the whole United Kingdom. I thank all hon. Members and assure them that the Child Maintenance Service is fit for purpose and fully committed to supporting all parents to ensure that they have safe and agreeable arrangements that work for them. I pay huge credit to my hon. Friend the Member for Hastings and Rye for bringing the Bill forward and navigating its safe passage. I am pleased to reiterate the Government’s support for the Bill. We will continue to support and guide it as it moves through Parliament.