Child Support Enforcement Bill: Second Stage

Part of Executive Committee Business – in the Northern Ireland Assembly at 12:00 pm on 25 June 2024.

Alert me about debates like this

Photo of Gordon Lyons Gordon Lyons DUP 12:00, 25 June 2024

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.