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Angela Eagle: I start by assuring the hon. Member for St. Ives (Mr. George) that we take extremely seriously issues of violence against women. I hope that I can reassure him that protections are already in place that adequately ensure that we can make good our concern and minimise any risk to women who may be subject to violence.
Before dealing with that, I shall say a little about the tragic case that the hon. Gentleman mentioned, involving Georgina McCarthy. The Home Office and the Lord Chancellor's Department are considering the issues surrounding the court processes for contact proceedings, which led to that individual being able to track down his ex-partner, with the consequences that the hon. Gentleman described to the House. I know that, when conclusions have been reached, the hon. Gentleman will be informed of them. However, as he said, the CSA was not involved in that instance in the breach of confidentiality that led to such a tragic result.
Amendment No. 81 would create a legal obligation for the CSA to protect the confidentiality of information provided by parents with care on benefit who are treated as applying for a child support calculation. That is an important matter and raises the question of what guarantees can be given to any client of the CSA.
Parents with care are treated as applying for child support under section 6 of the Child Support Act 1991 if they are claiming income support or income-based jobseeker's allowance. There is a right to opt out of child support action, but opting out can attract a benefit penalty, as we discussed earlier. The benefit penalty is applied if the parent cannot show that child support action would lead to a risk of harm or undue distress.
A benefit penalty may also be imposed if the parent with care refuses without good reason to provide sufficient information to enable the non-resident parent to
be traced. Given that she has limited choice in the matter, it is important that she can feel confident that her confidentiality will be protected.
I must emphasise that, if there is a risk of harm or undue distress to the parent with care or her children, she is not required to provide information to the agency at all--she can opt out of the process before it begins, without any penalty being imposed.
There is an important second line of protection--the absolute duty on the CSA to protect personal information. The Government attach considerable weight to that duty, both because we are committed to the proper handling of personal information, and because we want people to be confident in using the CSA.
To assess and collect child support, we inevitably need to know a lot about the parents and their families. Much of the information is very personal, and no one else should be able to gain access to it through the CSA.
I can assure hon. Members that the CSA takes seriously its obligations to protect the confidentiality of personal information about its clients. That is why anyone working for the CSA is guilty of a criminal offence if, without lawful authority, he or she discloses information, acquired in the course of that employment, that relates to a particular person. Such an offence can, on conviction, result in a prison sentence of up to two years. I can tell the House that, since 1995, three employees of the agency have been dismissed from that employment for making information available.
Clearly, information must be disclosed to the other parent to allow him or her to understand how maintenance liability has been assessed. That information includes, for example, details of the non-resident parent's net income and the relevant qualifying children. Legislation permits, and carefully specifies, such disclosure.
However, the CSA must never disclose a parent's address or any other information that may lead to that person being located. Parents also have a right to refuse to allow a tribunal or court to reveal such details.
That is an important safeguard. It protects the whereabouts of parents, in particular women who may be at risk of abuse from their ex-partners if their address becomes known. I am pleased to say that the CSA has an excellent record in that area. It also reassures parents with care who are treated as applying for child support when they claim benefit, but their whereabouts will remain confidential.
Amendment No. 81 is unnecessary because child support legislation already provides adequate and robust protection for personal information provided by clients to the CSA. The amendment provides protection to parents with care who are treated as applying for child support under section 6 of the 1991 Act. However, the existing legislative safeguards in the 1991 Act prevent unauthorised disclosure of information for all CSA clients, not just those who qualify under section 6.
With those reassurances that we have in place a robust system that has been proved to work, I hope that the hon. Gentleman will seek leave to withdraw the amendment.
9 pm
Mr. Andrew George:
I am encouraged by the Minister's response, by the sympathetic and helpful response that I received from each of the three Departments involved indirectly in the case that I raised, and by the fact that an interdepartmental body on domestic violence has been set up to ensure a joined-up approach from Government. I hope that, as a result of the Bill, the Department of Social Security will be involved in that body.
The Minister referred earlier to Mr. Justice Wall who, I understand, following the case to which I referred, will be leading a short inquiry into the treatment of domestic violence cases in the courts. I appreciate that the Government now accept that that is a matter of great concern, and, I hope, if necessary, to push the matter further.
The Ministers response to amendment No. 81 was partially reassuring. It is reassuring that there have been three scalps from the CSA staff as a result of action taken to ensure that confidential information is not divulged. However, I and my hon. Friends are concerned not only with human error on the front line, but with whether the system is sufficiently robust and rigorous.
Given our debate on amendment No. 76, although I am partially reassured by the Minister, we shall seek to withdraw amendment No. 81 in the hope that there will be another opportunity to reflect on both aspects of the matter as raised in amendments Nos. 76 and 81 in another place. On that basis, I am happy to seek leave to withdraw the amendment.
Amendment, by leave, withdrawn
Amendments made: No. 49, in page 89, line 39, at end insert--
'The Army Act 1955 (3 & 4 Eliz. 2 c.18)
A1.--(1) Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.
(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".
(3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".
A2.--(1) Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.
(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".
(3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".
A3.--(1) The Matrimonial Causes Act 1973 shall be amended as follows.
(2) In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)--
(a) in subsections (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";
(b) in subsections (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation";
(c) in subsection (6)(b), for "maintenance assessments" there shall be substituted "maintenance calculations"; and
(d) in subsection (6)(b), for "those assessments" there shall be substituted "those calculations".
(3) In section 31 (variation, discharge, etc., of certain orders for financial relief)--
(a) in subsections (11)(c) and (12)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation"; and
(b) in subsection (11) (twice), for "the assessment" there shall be substituted "the calculation".
(4) In section 52 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".
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