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Session 2006 - 07
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General Committee Debates
Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill



The Committee consisted of the following Members:

Chairmen: Mr. Christopher Chope, † David Taylor
Alexander, Danny (Inverness, Nairn, Badenoch and Strathspey) (LD)
Boswell, Mr. Tim (Daventry) (Con)
Clapham, Mr. Michael (Barnsley, West and Penistone) (Lab)
David, Mr. Wayne (Caerphilly) (Lab)
Dorries, Mrs. Nadine (Mid-Bedfordshire) (Con)
Engel, Natascha (North-East Derbyshire) (Lab)
Griffith, Nia (Llanelli) (Lab)
Harper, Mr. Mark (Forest of Dean) (Con)
Hesford, Stephen (Wirral, West) (Lab)
Jackson, Mr. Stewart (Peterborough) (Con)
James, Mrs. Siân C. (Swansea, East) (Lab)
McCarthy-Fry, Sarah (Portsmouth, North) (Lab/Co-op)
McGuire, Mrs. Anne (Parliamentary Under-Secretary of State for Work and Pensions)
Owen, Albert (Ynys Môn) (Lab)
Penrose, John (Weston-super-Mare) (Con)
Plaskitt, Mr. James (Parliamentary Under-Secretary of State for Work and Pensions)
Rowen, Paul (Rochdale) (LD)
Selous, Andrew (South-West Bedfordshire) (Con)
Touhig, Mr. Don (Islwyn) (Lab/Co-op)
Turner, Dr. Desmond (Brighton, Kemptown) (Lab)
Weir, Mr. Mike (Angus) (SNP)
Chris Shaw, Committee Clerk
† attended the Committee

Public Bill Committee

Tuesday 16 October 2007

(Afternoon)

[David Taylor in the Chair]

Child Maintenance and Other Payments Bill

Schedule 7

Minor and consequential amendments
Amendment proposed [this day]: No. 136, in schedule 7, page 69, line 16, at end insert—
‘(1A) In section 4 (child support maintenance), in subsection (10)(a), after “written maintenance agreement” insert “or a registered minute of agreement”’.—[Paul Rowen.]
4 pm
Question again proposed, That the amendment be made.
The Chairman: I remind the Committee that with this we are discussing the following amendments: No. 137, in schedule 7, page 69, line 16, at end insert—
‘(1A) In that section, in subsection (10)(aa) (which refers to maintenance orders)—
(a) insert at beginning “a registered minute of agreement made after 5th April 1993 or”
(b) for “one year” substitute “48 months”’.
No. 138, in schedule 7, page 69, line 16, at end insert—
‘(1A) In section 7 (right of child in Scotland to apply for assessment), in subsection (10), after “written maintenance agreement” insert “or a registered minute of agreement”’.
No. 139, in schedule 7, page 69, line 19, at end insert—
‘(2A) In section 9 (agreements about maintenance), for subsection 1, substitute—
“(1) In this section—
“maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.
“registered minute of agreement” means any agreement containing provisions relating wholly or partly to maintenance, or in Scotland aliment, to or for the benefit of any child which has been registered for execution in the Books of Council and Session or the sheriff court books.”’.
No. 140, in schedule 7, page 69, line 19, at end insert—
‘(2A) In that section, in subsection (2), at end add “or a registered minute of agreement”’.
No. 141, in schedule 7, page 69, line 19, at end insert—
‘(2A) In that section, in subsection (3)—
(a) after “section 4(10)(a)” insert “and (aa)”
(b) after “written maintenance agreement” insert “or a registered minute of agreement.”’.
No. 142, in schedule 7, page 72, line 9, at end insert—
‘“registered minute of agreement” has the meaning given in section 9(1) of the Child Support Act 1991.’.
The Parliamentary Under-Secretary of State for Work and Pensions (Mr. James Plaskitt): Before we rose for the break I was trying to reach the end of my final sentence, but I did not quite make it before the clock struck. In view of the reassurances that I hope that I was giving to hon. Members, I was just about to ask the hon. Member for Rochdale to withdraw his amendment and, if the hon. Gentleman was still minded to press it to a vote, to urge my hon. Friends to oppose it.
Paul Rowen (Rochdale) (LD): I listened carefully to what the Minister said on this group of amendments, but, although I understand his assurances, we Liberal Democrats feel that important principles are at stake.
Question put, That the amendment be made:—
The Committee divided: Ayes 6, Noes 8.
Division No. 15 ]
AYES
Harper, Mr. Mark
Jackson, Mr. Stewart
Penrose, John
Rowen, Paul
Selous, Andrew
Weir, Mr. Mike
NOES
David, Mr. Wayne
Engel, Natascha
Griffith, Nia
Hesford, Stephen
James, Mrs. Siân C.
McGuire, Mrs. Anne
Owen, Albert
Plaskitt, Mr. James
Question accordingly negatived.
Amendments made: No. 137, in schedule 7, page 69, line 16, at end insert—
‘(1A) In that section, in subsection (10)(aa) (which refers to maintenance orders)—
(a) insert at beginning “a registered minute of agreement made after 5th April 1993 or”
(b) for “one year” substitute “48 months”’.
No. 135, in schedule 7, page 69, line 26, at end insert—
‘() In section 32(7) (regulations about appeals), after “include” insert “—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) ”.’.—[Mr. Plaskitt.]
Schedule 7 , as amended, agreed to.
Clause 53 agreed to.
Schedule 8 agreed to.

Clause 54

Transition
Amendments made: No. 130, in clause 54, page 42, line 33, after ‘Sections’ insert ‘20(5A),’.
No. 131, in clause 54, page 42, line 33, leave out ‘32K,’.
No. 132, in clause 54, page 42, line 37, after ‘Sections’ insert ‘20(7A),’.
No. 133, in clause 54, page 42, line 37, leave out ‘32K,’.—[Mr. Plaskitt.]
Clause 54 , as amended, ordered to stand part of the Bill.
Clauses 55 to 58 ordered to stand part of the Bill.

New Clause 2

Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident parent
‘(1) In section 11 of the Child Support Act 1991 (maintenance calculations) after subsection (6) insert—
“(6A) Where subsection (6) applies or an application for a variation under section 28 has been made by either the non-resident parent or the parent with care and any question arises concerning the income of the non-resident parent—
(a) HMRC shall take all reasonable steps to investigate and verify the financial circumstances of the non-resident parent in order to establish his income for the purposes of this Act or regulations made under it;
(b) the non-resident parent shall provide such information as is required by HMRC in order to verify the financial information submitted by him or on his behalf.”.
(2) After subsection (8) of that section insert—
“(8A) In this section “HMRC” means the Commissioners of Her Majesty’s Revenue and Customs.”’.—[Andrew Selous.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 5, Noes 9.
Division No. 16 ]
AYES
Harper, Mr. Mark
Jackson, Mr. Stewart
Rowen, Paul
Selous, Andrew
Weir, Mr. Mike
NOES
David, Mr. Wayne
Engel, Natascha
Griffith, Nia
Hesford, Stephen
James, Mrs. Siân C.
McGuire, Mrs. Anne
Owen, Albert
Plaskitt, Mr. James
Turner, Dr. Desmond
Question accordingly negatived.
 
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Prepared 17 October 2007