New Clause 1 Collection of maintenance in Northern Ireland: cases
involving domestic abuse ‘(1) The Child Support (Northern Ireland)
Order 1991 (S.I. 1991/2628 (N.I. 23)) is amended as follows: (2) In
Article 7 (child support maintenance)— (a) after paragraph (3)
insert— “(3A) Where a maintenance calculation has been made in
response to an application under this Article, the Department may,
if the person with care or the non-resident parent applies
to...Request free trial
New Clause 1
Collection of maintenance in Northern Ireland: cases involving
domestic abuse
‘(1) The Child Support (Northern Ireland) Order 1991 (S.I.
1991/2628 (N.I. 23)) is amended as follows:
(2) In Article 7 (child support maintenance)—
(a) after paragraph (3) insert—
“(3A) Where a maintenance calculation has been made in response
to an application under this Article, the Department may, if the
person with care or the non-resident parent applies to the
Department under this paragraph, arrange for the collection of
the child support maintenance payable in accordance with the
calculation if satisfied on the basis of evidence of a prescribed
kind relating to relevant abusive behaviour that it is
appropriate for such arrangements to be made.
(3B) For the purposes of paragraph (3A), ‘relevant abusive
behaviour’ means—
(a) where the application under paragraph (3A) is made by the
person with care, behaviour of the non-resident parent that is
abusive of the person with care or of any child living in the
same household with the person with care;
(b) where the application under paragraph (3A) is made by the
non-resident parent, behaviour of the person with care that is
abusive of the non-resident parent or of any child living in the
same household with the non-resident parent.
(3C) What amounts to abusive behaviour for the purposes of
paragraph (3B) is to be construed in the same way as is provided
for in Chapter 1 of Part 1 of the Domestic Abuse and Civil
Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see
sections 2, 3(2) and 4 of that Act).”;
(b) in paragraph (4) (purposes for which regulations may require
information to be provided)—
(i) omit the “and” after sub-paragraph (b);
(ii) after sub-paragraph (c) insert “; and (d) the making by the
Department of a determination for the purposes of paragraph
(3A).”
(3) In Article 29(1) (collection of child support
maintenance)—
(a) after “7(2A)” (as inserted by Article 127(3) of the Welfare
Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)))
insert “and (3A)”;
(b) after “7(2)” insert “or (3A)”.
(4) In Article 48(2)(a) (regulations to be laid before Assembly
after being made), before “9(1)” insert “7(3A),”.’—(.)
This new clause makes amendments to the Child Support (Northern
Ireland) Order 1991 that correspond to those clause 1 of the Bill
makes to the Child Support Act 1991 in respect of England and
Wales and Scotland.
Brought up and read the First time.
The Parliamentary Under-Secretary of State for Work and Pensions
()
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker ( )
With this it will be convenient to discuss the following:
Amendment 1, in clause 4, 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)).”
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
theSecretary of State in respect of England, Wales and
Scotland.
New clause 1 makes amendments to the Child Support (Northern
Ireland) Order 1991 that correspond to the amendments this Bill
makes to the Child Support Act 1991 in respect of England, Wales
and Scotland. The amendments make provision for Northern Ireland
to allow victims of domestic abuse who use the Child Maintenance
Service, to request the collect and pay service on the grounds of
domestic abuse and where there is evidence of domestic abuse
against the requesting parent or children in their household by
the other parent.
Child maintenance is devolved in Northern Ireland; however, the
Northern Ireland Assembly has typically made legislation that
mirrors Great Britain. Due to the current suspension of the
Assembly, it is not possible for Northern Ireland to make the
necessary mirroring legislation at this time, although we all
hope that situation will change as soon as possible.
As hon. Members will know from the Bill’s Second Reading and
Committee stage, these proposals did not initially extend to
Northern Ireland, as Northern Ireland colleagues were unable to
obtain a legislative consent motion, which would be the normal
process. However, as described, in the continued absence of a
functioning Assembly, officials in the Department for Communities
in Northern Ireland have confirmed that they wish Northern
Ireland to be included within the scope of the changes proposed
in the Bill, and I can confirm to the House that approval in
principle has been obtained from the relevant officials of the
Department for Communities.
In considering this new clause, I remind hon. Members what the
Bill is intended to achieve: better support for victims of
domestic abuse. The Bill will amend primary legislation to allow
a parent, or a child in Scotland, to request the collect and pay
service on the grounds of domestic abuse where there is evidence
of abuse against them or children in their household. It is an
important measure for domestic abuse victims who use the CMS, as
they will be able to decide which service type is best for them
and their circumstances.
I turn now to the amendments. Amendments 1 and 2 are
consequential amendments. Amendment 3 provides for the new clause
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 will enable the
Department for Communities in Northern Ireland to make
transitional or saving provision corresponding to that which can
be made by the Secretary of State in respect of England, Wales
and Scotland.
This Government take the issue of domestic abuse extremely
seriously, and the Child Maintenance Service is fully committed
to ensuring that all parents get the right support and are safe
when using the service. I am delighted that these important
measures will be implemented in Northern Ireland. I am sure
Members agree that this important protection should be available
to people across the United Kingdom, so this amendment and the
other consequential amendments will ensure that victims of
domestic abuse in Northern Ireland can benefit from the
provisions in the Bill.
Members have previously raised the issue of domestic abuse
training. I want to reiterate that the CMS has substantially
strengthened its procedures and processes through the
introduction of mandatory training and new and updated tools for
customers who are experiencing domestic abuse. The CMS will
rightly be reviewing this training following the independent
review. I remind the House that the application fee is waived for
those who have suffered domestic abuse. The CMS will act as an
intermediary in direct pay cases to facilitate the exchange of
bank details, to ensure that no personal information is shared.
The CMS provides information on how to set up bank accounts with
a centralised sort code, which allows survivors of abuse to be
safe and not to be traced.
During the passage of the Bill, it has been important for Members
to understand how the wider Department for Work and Pensions can
help people experiencing domestic abuse. I will take this
opportunity to mention Ask for ANI, a code word scheme that
allows domestic abuse victims to signal discreetly that they need
support. This initiative, which was developed by the Home Office
and supported by delivery partner Hestia, has been made available
to over 500 pharmacies since January 2021. Anybody who is
suffering from or fearful of domestic abuse can use Ask for ANI
when they are engaging with the Child Maintenance Service, and
they will be guided to a safe space to share their practical
concerns and be offered support, perhaps by calling the police or
reaching out to specialist domestic abuse services.
The DWP is committed, as part of the Home Office’s tackling
domestic abuse plan, to piloting the Ask for ANI initiative in
jobcentres, and those pilots are already under way in England,
Wales, Scotland and Northern Ireland. I want to reiterate to
anybody who is concerned about this matter, no matter where they
are in the United Kingdom, that the Child Maintenance Service is
there and able to support those who come forward.
The review set out some clear recommendations on how the CMS
should respond to domestic abuse, and the Government published
their response on 17 January 2023. The review finds that the CMS
has worked very hard to develop and improve its domestic abuse
practices. As Members will know, people who engage with the CMS
often have the most complex cases and needs, so it is right that
we have taken the chance to learn lessons and ensure that there
are practical steps to help separated parents who are
experiencing abuse to set up safe maintenance arrangements. As I
said in relation to the amendments, this will be available across
the United Kingdom. The Government have accepted eight out of 10
of these recommendations.
9.45am
I will welcome the opportunity on Third Reading to take various
further interventions, but I am conscious that you, Mr Deputy
Speaker, have made it clear that on Report we should focus on the
amendments. I take this opportunity to highlight that we take the
issue of domestic abuse extremely seriously. The Child
Maintenance Service is fully committed to ensuring that all
parents get the right support, no matter where they are in the
United Kingdom, and that they feel safe when using this
service.
I am absolutely delighted that these important measures can now
be implemented in Northern Ireland. I am sure that Members agree
that this is an important, boosted protection that will be
available to people across the United Kingdom. The new clause and
the consequential amendments will fully ensure that victims of
domestic abuse, wherever they are, and now including Northern
Ireland, can benefit from the provisions of this Bill. I will
close to let other Members speak to the amendments.
(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.
(Sedgefield) (Con)
I thank my hon. Friend the Member for Hastings and Rye () 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 ( )
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.
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)).”
—(.)
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
9.49am
I beg to move, That the Bill be now read the Third time.
As many hon. Members heard me say on Second Reading, I emphasise
that this Bill is an important measure for victims of domestic
abuse who use the Child Maintenance Service. I am proud,
delighted and grateful that it is being taken forward and has the
support of the Government, as confirmed by the Minister for
Disabled People, Health and Work, my hon. Friend the Member for
Corby () on Second Reading, and reconfirmed in Committee by
the Minister for Social Mobility, Youth and Progression, my hon.
Friend the Member for Mid Sussex (). I am pleased that she is
here again today on behalf of the Government, and thank her
profusely for her support and the support she has shown
throughout the progression of the Bill.
Moving on to developments that have occurred since the Bill was
in Committee, I am delighted that the independent review of the
ways in which the CMS supports victims of domestic abuse has now
been published, alongside the Government’s responses to its
recommendations. Many of my hon. Friends highlighted that review
on Second Reading and in Committee, so I am pleased that it has
now been progressed. The Bill will strengthen support for
domestic abuse victims by ensuring that victims of domestic
abuse, who are overwhelmingly women, are able to avoid entirely
any need to engage with the other parent if there is evidence of
abuse, helping to make them as safe as possible when using the
Child Maintenance Service. These proposals give victims of
domestic abuse choice—another avenue to aid their escape and
removal from an abusive partner or environment, while ensuring
that victims have more protection than was previously the
case.
(North East Fife)
(LD)
I am delighted to be here today, as I was when the Bill was in
Committee. As constituency MPs, I think we all know the issues
that the CMS presents when domestic abuse is involved. Indeed, I
have a constituent whose children are grown up, but who still has
moneys outstanding as a result of the coercive control of
domestic abuse, and her ex-partner still utilises that fact. I
welcome my hon. Friend’s Bill, and hope very much that its
provisions will help prevent those kinds of long-term abusive
ongoing relationships.
I thank my hon. Friend for her intervention, and completely agree
with her. I am absolutely confident that the Bill will help
prevent those sorts of long-term coercive and abusive behaviours
that many women and children have had to put up with over the
years.
I reiterate how pleased I was to see the independent review
published during the Bill’s passage, which makes a recommendation
to do just what this Bill is advocating. The Bill will amend
primary legislation to allow victims of domestic abuse to use the
collect and pay service where there is evidence of domestic abuse
against the requesting parent by the other party to the case, who
could be the paying or the receiving parent, or even against
children in their households by the other parent involved in the
case. I am pleased that MPs from across the House agree on the
importance of this Bill, as it is a key move to help deal with a
more masked form of domestic abuse: financial abuse and coercion.
The Bill also removes the additional threat of emotional abuse
that can occur if direct pay is used.
By way of a reminder, the Child Maintenance Service aids the
payment process of child maintenance between separated parents
who cannot reach an agreement on their own following a
separation—a challenging job done in very difficult
circumstances. I am sure we all recognise that for some separated
parents, it will be really difficult to co-operate, especially
where there might have been a history of abuse. Once parents are
in the system, the Child Maintenance Service manages child
maintenance cases through one of two service types: direct pay
and collect and pay. For direct pay, the CMS provides a
calculation and a payment schedule, but payments are arranged
privately between the two parents. For collect and pay, the CMS
calculates the maintenance payment and then collects the money
from the paying parent and pays it to the receiving parent.
Current legislation means that the default option is direct pay,
unless both parents agree to collect and pay or the paying parent
demonstrates an unwillingness to pay their liability. The Bill
will extend the option of collect and pay without the other
parent’s consent if domestic abuse is evident, regardless of the
payment history.
I know that the CMS already has safeguards for victims of
domestic abuse. It ensures that there is no unwanted contact
between parents, and in order for parents to use direct pay
safely, it provides information on how they can set up a bank
account with a centralised sort code so that they cannot be
traced to a specific location. I reiterate that I am pleased that
the provisions in the Bill will now include Northern Ireland, so
that domestic abuse victims throughout the United Kingdom will
benefit.
Finally, I thank all the women in my constituency and throughout
the United Kingdom who have emailed me describing the horror of
the coercive and controlling behaviour that many of their former
partners have shown towards them over the years. They wanted to
pour out what had happened to them. I very much hope—indeed, I am
confident—that the Bill will prevent many more women and children
from going through the trauma of coercive financial abuse in the
coming years. I hope that all hon. Members agree that the Bill is
worthy of our support, and I look forward to seeing it progress
through the other House.
Mr Deputy Speaker ( )
I apologise to the hon. Gentleman for calling him
prematurely.
9.56am
Thank you, Mr Deputy Speaker. I will start again.
I thank my hon. Friend the Member for Hastings and Rye () 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.
10.00am
(South Cambridgeshire)
(Con)
I congratulate my hon. Friend the Member for Hastings and Rye
() on bringing forward this
incredibly important Bill. Domestic abuse is truly awful. It is
insidious behaviour that goes on behind closed doors, making
victims feel traumatised in their own homes. The point of the
Bill is that domestic abuse does not necessarily stop when
couples separate. It is unacceptable that this behaviour can
continue through economic abuse after couples separate.
There have been many cases, including in my constituency, where
the separated woman—it tends to be a woman—cannot after
separation get payments through the Child Maintenance Service,
and it is clear that their partner is withholding payments as a
way of continuing their control over their victim through
economic abuse. In the current system, there is no way the CMS
can stop that; it simply does not have the power to do so. The
current system allows the continued economic abuse of
victims.
It is important to remember that it is not just the parent victim
of abuse who is affected: the children are, too, as this money is
used for their upkeep. There have been cases in my constituency
where single-parent mothers could not get the funding and were
clearly completely out of funds, and ultimately it was their
children who suffered. That is utterly unacceptable.
It is therefore important to make a change so the CMS can, when
there is abuse, put people on collect and pay services to break
the link between abuser and abused. It is important that one
parent cannot simply object to that; they must not continue to
have a veto. I welcome the earlier amendment to make the Bill
cover Northern Ireland. It is unconscionable that it does not
cover the entire UK, but this is a devolved issue; however, we do
not have a Northern Ireland Government at present.
I totally support the measures in the Bill, although there needs
to be further thought on the charging structure: the maintenance
liability of 20% for the paying parent seems fair, but the 4%
charge on the receiving parent should be reconsidered. I
wholeheartedly support the Bill and am grateful to my hon. Friend
the Member for Hastings and Rye for introducing it.
10.02am
(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 () 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 () and for Birmingham, Yardley
() 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 () 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.
10.07am
I congratulate my hon. Friend the Member for Hastings and Rye
() on bringing forward this
important Bill and getting it to Third Reading. This is a really
important issue. I think we have all had cases in our
constituency surgeries—we have heard it from Members
already—where people have brought the most horrific issues to us.
It ranks as one of the top issues. The stories we hear about
coercive control and the impact it has on people’s mental health
and their ability to look after their children are profound. The
steps in the Bill will go a long way to making the world a little
bit better for people who are in some of the most difficult
circumstances we see as constituency MPs.
Coercive control and financial abuse are just terrible; they are
draining. They have impacts far beyond simple pounds and pence.
We have all seen that impact, mainly on women and children, when
abusers have made it difficult for their former partners by using
money as a means of control. Of course, the majority of separated
parents do the right thing—they pay their bills and support their
children financially—but we see time and again that it is the few
bad apples who really make life difficult. They are a reason to
look again at the system and at reform.
It is fair to say that, until reasonably recently, financial
abuse had been under-recognised as a form of domestic abuse. We
need to recognise that predominantly female victims are cut off
from sources of money by their partners as a form of control.
Some 2.4 million people in England and Wales are estimated to
have suffered some form of domestic abuse. In the UK, some
reports estimate that one in eight adults—5.9 million people—have
experienced economic abuse of some kind in their lifetime from a
partner or family member. The majority of those—4.2 million—are
women. It leaves them with no money for basic essentials such as
food and clothing, and has a massive impact on children, who are
the real victims but often overlooked. Having spoken to Citizens
Advice in Barrow and in Ulverston, and the fantastic Women’s
Community Matters in Barrow, I know just how much this matters
and how much time it takes third-sector organisations to help to
pick up the pieces and to support people who genuinely do not
know where to turn, which is often why they end up with us.
The CMS already has safeguards in place for victims of domestic
abuse. For instance, it ensures that there is no unwanted contact
between parents, and provides information on how parents can set
up a bank account with centralised sort codes so that they cannot
be traced. We all acknowledge that any situation where former
partners have to co-operate is going to be difficult,
particularly when there has been domestic abuse. That is why the
proposals in the Bill matter so much. They give victims of
domestic abuse the choice to use collect and pay so that they can
decide what is best for their personal circumstances. It gives
them the freedom to avoid having to transact with the other
parent where that is difficult and may lead to bad results.
Hopefully, it will make them feel as safe as possible while using
the Child Maintenance Service, particularly if the relationship
with their former partner was abusive, and will protect them from
ongoing coercion and abuse in financial arrangements.
Dozens of constituents have spoken to me during constituency
surgeries about their issues and the abuse that they have been
through. They have told me about the challenges not just for them
but for their children, which affect their mental health, and the
fragile relationships that they are trying to rebuild after
separation and divorce. The Bill introduced by my hon. Friend the
Member for Hastings and Rye is an important step to helping them.
I am sure that they will recognise that. This hidden abuse is
hurtful and hateful. I am incredibly grateful to my hon. Friend
for bringing the Bill forward, and I am glad to lend it my full
support.
10.12am
(Great Grimsby) (Con)
I commend my hon. Friend the Member for Hastings and Rye () for introducing this Bill.
She is an absolute champion for her community, and I am sure her
that constituents are very proud to have such a hard-working and
committed Member of Parliament working for them.
Sadly, we all see stories of domestic abuse in our mailbags and
in our constituency work. I am afraid that we see this kind of
financial coercion and abuse all too often. Sadly, domestic
abusers use it as a way to keep power and control over their
partners and their children. I welcome the Bill because it means
that women in particular can feel safer knowing that their
abusive partners will not be able to find them or stop payments
electronically.
Recently, constituents have started to come to me about the use
of applications on telephones. Their partners have put
applications on their phones to control the heating in the house
and, unbeknown to my constituents, they are switching off the
central heating and making life very unpleasant for them.
Anything we can do to stop and cut off the abuse is very welcome.
I welcome other Members’ comments about ensuring that the
recipients of the payment are not subject to costly surcharges. I
come from a single-parent family myself, and we know that
single-parent families often struggle to afford everything,
especially when an ex-partner is causing as many problems as they
can, including by stopping income, causing problems with direct
debit payments or interfering with benefit payments. I
wholeheartedly support this important Bill and thank my hon.
Friend for promoting it.
10.15am
There is so much to say and so much to respond to. I join hon.
Members across the House in congratulating my hon. Friend the
Member for Hastings and Rye () on navigating this
important Bill to its Third Reading. I thank her for promoting
the Bill and for her excellent contributions throughout its
stages. Promoting a Bill is not easy. I absolutely commend her
for her commitment and delivery.
I thank all hon. Members who have highlighted the importance of
the Bill in better supporting those who have suffered domestic
abuse. I also thank the Opposition for their support. My hon.
Friend the Member for Sedgefield () rightly raised the point that
people avoid payment as a way of continuing to exert control,
which is absolutely wrong. My hon. Friend the Member for South
Cambridgeshire () spoke about people
continuing to using finances to control their former partners,
which is completely unacceptable and shows why the Bill is so
important. My hon. Friend the Member for Great Grimsby (), who understands
single-parentdom as I do, spoke about the importance of tackling
abuse and about systems and procedures can continue to facilitate
abuse. That has to be stopped, which is what the Bill will
do.
(Cities of London and
Westminster) (Con)
I welcome the Bill and congratulate my hon. Friend the Member for
Hastings and Rye (). Does the Minister agree
that the Bill builds on what the Government did in the Domestic
Abuse Act 2021, on the Bill Committee of which I was very proud
to serve? This Bill sends a very clear message to survivors of
domestic abuse that we will protect them all the way through,
even after abuse has stopped, and that child maintenance support
will not be used as another tool in the box by perpetrators of
domestic abuse.
I thank my hon. Friend for raising that point, particularly as we
approach International Women’s Day. My hon. Friend the Member for
Great Grimsby spoke about the same issue. The Domestic Abuse Act
brings children into scope, which is incredibly important. We
know that abuse affects not just partners but whole families. I
spent a very brief time as Minister responsible for safeguarding,
but I would like to use this opportunity at the Dispatch Box to
say that this is about criminality in the home. It is not
acceptable, and it is not the way people should be behaving. We
will make sure that these processes work for all types of
families, who are very often in the most complex scenarios.
Ultimately, using finance or any other form of weaponisation is
absolutely wrong and abhorrent. I thank my hon. Friend the Member
for Cities of London and Westminster () for making that important
point.
The hon. Member for Lewisham, Deptford () mentioned the hon. Member
for Birmingham, Yardley (), whom I have met and engaged
with strongly. I have taken on board all her points about control
and about training, and I will cover some of them in my remarks,
if I may.
I fully agree with my hon. Friend the Member for Barrow and
Furness () and join him in paying tribute
to the third sector organisations that do so much in this space:
they advise us on policy and insight and have been extremely
helpful with the Bill. I thank my hon. Friend the Minister for
Disabled People, Health and Work for his excellent contribution
on Second Reading. I also thank my noble Friend , who has
recently taken over day-to-day ministerial responsibility for the
Child Maintenance Service. I work extremely strongly with him,
and I know that he is fully committed to supporting the Bill’s
important measures in the other place. I am grateful to all hon.
Members who spoke in Committee and have helped to shape the Bill.
I very much appreciate their important insights.
(Stoke-on-Trent North)
(Con)
I want to put on the record my congratulations to my hon. Friend
the Member for Hastings and Rye () on the incredible work she
has done to get this important piece of legislation to this
stage.
I join the Minister and my hon. Friend the Member for Barrow and
Furness () in speaking about the third
sector. There is a fantastic Stoke-on-Trent North resident called
Laura Carter, who runs what was originally Mums of Stoke and is
now Women of Stoke. She does incredible work helping women who
are fleeing domestic violence to set up new homes and gathering
donations of basic things, such as food, as well as beds,
furniture and uniforms for children. I was formerly a teacher for
eight and a half years and worked on safeguarding as a head of
year. Does the Minister agree that it is absolutely disgusting
that children are used as a weapon or tool to coercively control
women, which is totally unfair and unnecessary, and that, as well
as people who do that having to pay their fair share, we should
use the legislation we have passed in the House to throw the
rulebook at them and, where necessary, put them in jail?
My hon. Friend characteristically highlights what is at the heart
of what we see in many of our constituency meetings. As the
daughter of a women from Stoke-on-Trent, I absolutely agree and
thank him for giving a voice to his constituents and our
communities, which is incredibly important.
I reiterate that the Government take domestic abuse extremely
seriously. We have acted on this issue in a way that no
Government have before. The CMS is fully committed to providing
the right support and ensuring that it is safe for people to use
the service. It seeks to tackle any stigma of what the Child
Maintenance Service is about and how it can support people. I
take this opportunity to remind people that domestic abuse can
take many forms. Whether it is physical, emotional or financial
abuse, violent or threatening behaviour or coercive control, the
CMS has the procedures in place to ensure that cases are handled
appropriately, whatever the circumstances. I hope the hon. Member
for Lewisham, Deptford will understand that, and I will outline
how we have moved some of those processes on.
For customers using the direct pay service, the CMS can act as an
intermediary to facilitate the exchange of bank details to ensure
that there is no unwanted contact between parents and that no
personal information is shared, which is important. CMS
caseworkers also provide information on how to set up bank
accounts with a centralised sort code, which reduces the risk of
a parent’s location being traced. I am aware that, in complex
scenarios, people will be worried about sharing information. We
need them to feel safe, so that children can be supported by
their parents. The application fee is waived for survivors of
domestic abuse, and CMS caseworkers will signpost people where
necessary to suitable domestic abuse support organisations, which
we have heard about today.
As my hon. Friend the Member for Hastings and Rye said,
throughout this Bill’s passage hon. Members have been keen to see
the publication of the independent review of the ways in which
the CMS supports victims of domestic abuse. I am pleased that it
was published alongside the Government’s response and
recommendations on 17 January. I was involved in those responses
and the engagement with the third sector and stakeholders. Dr
Samantha Callan has done a remarkably positive job in sharing the
review’s recommendations as part of that publication.
As hon. Members will have seen, the independent review found that
the CMS has worked hard to develop and improve its domestic abuse
practices. Since that review was undertaken by Dr Callan, the CMS
has implemented new domestic abuse training measures, including
mandatory training for CMS staff on how to respond to domestic
abuse cases, ensuring that its caseworkers are well equipped to
support parents in those vulnerable situations. The training
enables caseworkers to understand how domestic abuse can take
various forms—physical, financial, emotional and psychological
—so that the CMS can signpost customers to appropriate support
such as domestic abuse advocacy groups and, if necessary, advise
on contacting the police. Where parents do not feel able to do
this, caseworkers will ask whether they are content for them to
call the police on their behalf.
The CMS has also implemented a new call script that directly asks
about abuse and signposts customers to very specific advice and,
importantly, expertise. CMS caseworkers also have a complex needs
toolkit, which includes clear steps to follow in order to support
customers who are experiencing abuse. This toolkit is regularly
reviewed and strengthened using customer insight. Again, the
Minister in the other place and I are taking a clear interest in
how the toolkit works.
However, as the review points out, there are further steps that
the CMS can take. The Government have rightly accepted eight of
the review’s 10 recommendations, and we are strongly committed to
taking them forward and reviewing the training to ensure that it
remains up to date and, most importantly, aligned with best
practice.
I spoke earlier about the Ask for ANI pilot roll-out and
extension, alongside our J9 interventions through Jobcentre Plus.
I reiterate that, in the light of today’s amendments, the
Department of Health in Northern Ireland has made pharmacies
aware of the Ask for ANI scheme, too. Four jobs and benefits
offices in the Department for Communities are also offering Ask
for ANI support. Wherever people need help, there is a way for
them to get support, which is important.
Dr Callan’s report also includes recommendations to enable cases
to be moved to collect and pay where there is evidence of
domestic abuse, which is precisely what this Bill aims to do. The
Bill also amends primary legislation to allow for a parent or
child in Scotland to request collect and pay on the grounds of
domestic abuse where there is evidence of abuse against them or,
indeed, against children in the household.
To get these proposals right, to target the right parents
appropriately and to make sure we have the right evidence of
domestic abuse, we will table secondary legislation.
(Harrow East) (Con)
Like my hon. Friend the Member for the two Cities, if I might put
it that way—the Member for Cities of London and Westminster
()—I was heavily involved with
the Domestic Abuse Act 2021. Does the Minister think it would be
a good idea for children’s social workers, in particular, to wear
body cameras to record what happens when they go into a home, to
spot the signs of domestic abuse, rather than relying on hearsay
evidence reported to their seniors when making key decisions
about what happens to the child and, indeed, the abusive
parent?
I thank my hon. Friend for his remarkably insightful idea.
Children’s social work is an incredibly brave and diverse job, as
we are asking people to go into homes and make judgments. Of
course, the police are now wearing body cameras, and Ministers
should take note of his view. It is very difficult to look at
both sides of the coin, and photographic evidence could be
extremely helpful. I am sure that putting it on the record has
strengthened his resolve, for which I thank him.
We will engage stakeholder groups including, my hon. Friend will
note, the Home Office, the Ministry of Justice and the devolved
Administrations, where appropriate, on secondary legislation to
ensure that parents are fully supported. The secondary
legislation will follow the affirmative procedure, so hon.
Members will be able to vote on the proposals. We aim to produce
robust evidence requirements that are fully sensitive to the
needs of domestic abuse survivors, and we will ensure that all
relevant data and insights are thoroughly considered.
I will make some progress, because there are other important
Bills to debate this morning. I turn to the collection charges
for the use of the collect and pay service, including the 20% on
top of the maintenance liability for the paying parent and the 4%
of the maintenance received by the receiving parent. Some hon.
Members have expressed strong views on the issue. I understand
their concerns, but they should note that the charges were
introduced with the 2012 child maintenance scheme, which included
charging, and has led to an increase in family-based arrangements
that are, on the whole, much better for children—indeed, too few
people have family arrangements.
We recognise, however, that many of the parents who need the
support in the Bill are some of the most vulnerable. Given the
circumstances, therefore, alongside the development of secondary
legislation, we will look at the charging structure for the use
of the collect and pay service, and how that will interact with
the proposed changes for victims of domestic abuse in such cases.
The secondary legislation will be brought forward as soon as
parliamentary time allows. I hope that provides some reassurance
to hon. Members on both sides of the House.
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?
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.
10.31am
With the leave of the House, I will take this opportunity to
praise and thank the Minister and hon. Members on both sides of
the House for their work and support throughout the process. I
extend my appreciation and huge thanks to the Public Bill Office
and the officials from the Department for Work and Pensions for
their guidance and support, for which I am truly grateful. The
support on both sides of the House further proves the
overwhelming necessity for the Bill. The need to continue the
Government’s essential work to protect women and children,
predominantly, from falling victim to domestic abuse is vital.
Through the Bill, more protection will be given to some of the
most vulnerable in our society.
I thank my hon. Friend the Member for Sedgefield () for his moving contribution,
including on the need for the CMS to keep a forensic eye on the
paying parent’s earnings to stop them wriggling out of paying. I
also thank my hon. Friend the Member for South Cambridgeshire
(), who highlighted his
concerns.
I thank the hon. Member for Lewisham, Deptford () for her kind words in
support of the Bill. I agree that the 4% fee should be waived for
victims, but I stress how important it is to get the Bill through
Parliament unhindered as soon as possible. I am confident that
that matter and the others that she raised are being considered
by the relevant Departments and I welcome the Minister’s
assurances on that. I thank my hon. Friend the Member for Barrow
and Furness (), who stressed the importance
of parents looking after their children financially, and my hon.
Friend the Member for Great Grimsby () for her contribution.
Getting children and families right—strengthening families—is
vital for our communities, for my beautiful constituency of
Hastings and Rye, and for our wider society. The Bill will
strengthen the support that domestic abuse victims are offered
when using the CMS by allowing them to decide what service type
is best for their child maintenance case and their circumstances.
I wish it success as it moves to the other House.
Question put and agreed to.
Bill accordingly read the Third time and passed
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