Clause 6

Part of Child Maintenance and Other Payments Bill – in a Public Bill Committee at 11:30 am on 24 July 2007.

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Photo of James Plaskitt James Plaskitt Parliamentary Under-Secretary, Department for Work and Pensions 11:30, 24 July 2007

I beg to move amendment No. 57, in clause 6, page 2, line 38, at end insert—

‘(3A) The Secretary of State may by regulations provide that the provisions of the Child Support Act 1991 (c. 48) with respect to—

(a) the collection of child support maintenance,

(b) the enforcement of any obligation to pay child support maintenance, shall apply equally (with any necessary modifications) to fees payable by virtue of regulations under subsection (1).’.

The amendment clarifies the intention behind clause 6(2)(f), which enables regulations to include matters relating to the recovery of fees. The amendment is modelled on section 47(4) of the Child Support Act 1991. Fees will not be an effective tool if they cannot be enforced, which is why the clause originally said that regulations could provide for the recovery of fees. However, we felt that the intent of the provision might not be clear enough, which is why we tabled the amendment.

I am sure that hon. Members remember that section 47(4) of the 1991 Act specifically states that enforcement powers shall apply to fees. However, that section will be repealed with the creation of the new fees provision. Despite the reference in clause 6(2)(f), it could be argued that in its current form the new fees clause does not give the commission the ability to use enforcement powers to collect fees. That is not the intention, so for the avoidance of doubt I am moving this amendment.

The amendment makes no substantive change to the Bill. It simply makes it expressly clear that the enforcement powers available to the commission, including those set out in part 3, may extend to the collection of fees. However it is recognised that some enforcement powers are not proportionate to the collection of fees—I refer to measures that we will come to later such as the removal of passports, curfew orders, commitment to prison, and disqualification from driving. These powers are clearly intended to be used for the collection of unpaid maintenance payments. I assure the Committee that we do not intend to use them just for the collection of fees, and restrictions to that effect will be placed in regulations.

It is appropriate to set out the exact details in secondary legislation, as it will allow any restrictions placed on enforcement measures to be developed as an integral part of the charging regime to which they relate. However, I reiterate the importance we attach to ensuring that the measures are used appropriately. Members of the Committee will of course have the opportunity to scrutinise all regulations made under clause 6; again, they will be subject to affirmative resolution.