I beg to move

That the Second Stage of the Child Support Enforcement Bill [NIA Bill 05/22-27] be agreed.

Thank you, Minister. In accordance with convention, the Business Committee has not allocated any time limits to the debate. I call the Minister for Communities to open the debate on the Bill.

Thank you, Mr Deputy Speaker. The Child Support Enforcement Bill presented to the Assembly today provides for the introduction of administrative liability orders to replace the existing court-based liability order process used by the Child Maintenance Service (CMS). The provisions in the Bill will enable the Child Maintenance Service to make an administrative liability order without requiring an application to the Magistrates' Court. The policy change from court-based to administrative liability orders will reduce the time that it takes for the Child Maintenance Service to initiate its strongest enforcement powers from, on average, 22 weeks to, potentially, just six weeks. The Bill's overarching policy is aimed at improving the enforcement process by making it more straightforward and faster to recover arrears from non-paying parents.

On a technical level, the Bill repeals articles in the Child Support (Northern Ireland) Order 1991, which requires the Child Maintenance Service to apply to the courts to obtain a liability order. The Bill further paves the way for introducing administrative liability orders by making amendments to uncommenced powers in the Child Maintenance Act (Northern Ireland) 2008.

(Mr Deputy Speaker [Dr Aiken] in the Chair)

Those amended powers, once commenced, will allow the Child Maintenance Service to make a liability order administratively.

I move to some of the more technical aspects associated with drafting the Bill. I can confirm that an equality impact assessment has been undertaken. The assessment examined the Bill's proposals in the context of promoting equality of opportunity and good relations, as required by section 75 of the Northern Ireland Act 1998, and no adverse impacts were identified. A regulatory impact assessment has not been carried out for the Bill. The Bill will not impose any costs on businesses or employees.

I turn now to the Bill, which is relatively short and contains two short clauses and one schedule. Clause 1, which is about making and varying liability orders and appealing against liability orders, outlines the amendments contained in the schedule. Clause 1 also identifies the Child Support (Northern Ireland) Order 1991 and the Child Maintenance Act (Northern Ireland) 2008. Clause 2 provides for the commencement of provisions and the short title of the Bill.

The schedule contains provisions that amend uncommenced articles 32M and 32N of the Child Support (Northern Ireland) Order 1991 to alter the basis on which an administrative liability order is made; allow regulations under article 32N to make provision about variation of liability orders; and require regulations under article 32N to make provisions about appeals, whilst repealing previous changes made by the Child Maintenance Act (Northern Ireland) 2008 to the Child Support (Northern Ireland) Order 1991 with regard to dealing with appeals of liability orders.

The Bill makes provision for Northern Ireland corresponding to provisions of the Child Support (Enforcement) Act 2023. The Act was passed by Parliament and attained Royal Assent on 20 July 2023. If the Bill attains Royal Assent, secondary legislation will be required to implement and commence the proposals of the Act. My Department has worked closely with the Department for Work and Pensions (DWP), the Department of Justice, the Northern Ireland Courts and Tribunals Service (NICTS) and the Enforcement of Judgements Office (EJO) on the Bill with a view to developing an appropriate secondary legislation package.

It is expected that regulations will set out the paying parent's right of appeal to a court against a liability order and the period within which the right of appeal may be exercised. It is also expected that the first regulations relating to appeals against liability orders will be subject to the confirmatory procedure, thereby ensuring enhanced scrutiny through debate in the Assembly. I consider it appropriate for those regulations to be subject to the confirmatory resolution procedure to facilitate that level of scrutiny.

Although child support is a devolved matter in general, Northern Ireland's child support policy and legislation operates in line with Great Britain, and there is, in effect, a single child maintenance system in line with section 87 of the Northern Ireland Act 1998. At the moment, DWP is developing appropriate regulations with regard to the introduction and roll-out of administrative liability orders in Great Britain, including provisions concerning a respondent's right of appeal. It is anticipated that any changes in policy and legislation in Great Britain will at least be considered and potentially adopted in Northern Ireland, subject to the necessary ministerial, Executive and Assembly approvals.

Many child maintenance clients and respondents change residence between jurisdictions for work or family reasons. Therefore, it is highly desirable that the same provisions are in place in Northern Ireland to ensure parity across all jurisdictions.

In conclusion, I believe that the proposals in the Bill and its overarching policy aims are something that we can all support. I therefore commend the Bill to the House.

I rise as Chairperson of the Committee for Communities to speak in support of the Child Support Enforcement Bill and to affirm our commitment to conducting thorough and effective scrutiny during the Committee Stage.

The Committee received a detailed briefing on the Bill on 6 June 2024 from departmental officials. The briefing provided Committee members with insights into the Bill's objectives, provisions and anticipated impacts. The Bill is intended to align child support enforcement mechanisms here with those already established in England, Scotland and Wales under the Child Support (Enforcement) Act 2023. It was explained to the Committee that the alignment would ensure parity and improve the efficiency of the Child Maintenance Service in securing maintenance for qualifying children. Rather than repeat the details of the clauses of the Bill, which the Minister has outlined, it is clear from the briefing by officials that the Bill's intent is to improve the outcomes and life chances for the affected children by ensuring that child maintenance payments are paid promptly and effectively. It will hopefully help to address child poverty in some part by making it easier and quicker to enforce maintenance orders, ensuring that financial support reaches children in need without undue delay.

The Committee heard that the new system should also allow for more direct interaction between CMS and non-resident parents, minimising the delays associated with court processes and facilitating quicker resolutions. That streamlined process is also expected to increase compliance from non-resident parents. During the briefing, the Committee underlined to officials the importance of continuous engagement with stakeholders, including the Courts and Tribunals Service and the Department of Justice to ensure the Bill's successful implementation. That collaboration will be important for any future secondary legislation and for addressing concerns related to appeals processes and other operational queries.

Members also sought clarification of how the new administrative orders would reduce the processing time and whether they would have the same legal standing as court orders. The departmental officials confirmed that the new orders would, indeed, have equivalent legal status.

Concerns were raised about parents with custody who may have been victims of domestic violence and whether collection arrangements would ensure adequate protection where necessary. The Department assured the Committee that processes are in place to protect parents where needed, including the ability to halt enforcement actions, if necessary, to ensure their safety.

The Committee also queried the potential resource pressures and the need for staff training. The Department indicated to us that, due to the small number of cases that reach this level, significant resource implications were not anticipated and training would be coordinated with the Department for Work and Pensions.

The Child Support Enforcement Bill represents a positive step in ensuring that child maintenance arrears are collected more efficiently and effectively. I am therefore content, as Chairperson of the Committee for Communities, to confirm that the Committee supports the principles of the Bill and looks forward to considering it in further detail during the Committee Stage.

Rather than rehashing what the Minister and the Chair of the Committee have said, I find myself in the strange position where I agree entirely with the Minister. It does not happen often, but it has happened today. It is clear that the Bill is a step towards a more responsive and effective Child Maintenance Service. It is a commitment to the children who depend on timely maintenance payments for their well-being and future. It is an important alignment, and I thank the Minister.

The limited contributions that we had during the debate reflect the straightforward nature of the Bill and the consensus that exists across the Chamber, even to the point that Mr McCrossan and I are in agreement. Perhaps we can make a note of that for the history books. I am pleased with the consensus that we have, and I commend the Bill to the House.

Question put and agreed to. Resolved:

That the Second Stage of the Child Support Enforcement Bill [NIA Bill 05/22-27] be agreed.

That concludes the Second Stage of the Child Support Enforcement Bill. The Bill stands referred to the Committee for Communities.

Since everybody is here, we will move swiftly on to the next item of business.