Child Maintenance and Other Payments Bill

My Lords, I thank the noble Lord, Lord Kirkwood, for the amendment, which, as he explained, seeks to extend the current period of 12 months during which parents with minutes of agreement registered in the Books of Council and Session or the sheriff court books may not apply to the commission for a maintenance calculation. The amendment would prevent those parents applying for a period of four years. The merits of minutes of agreement as a means of settling child maintenance have been rightly discussed at some length during the passage of the Bill. As the noble Lord indicated, I have also recently discussed the matter in some detail with the Law Society of Scotland. I recognise the value of this uniquely Scottish instrument; indeed, we have amended the Bill at an earlier stage to clarify its role in the child maintenance system north of the border. As we discussed in Committee and on Report, the 12-month rule has two main purposes: first, if agreement between parents breaks down, it provides a swift and readily available route into the statutory maintenance system so that children are not left for considerable periods with either no maintenance or inadequate arrangements. Secondly, it encourages the concluding of agreements that contain levels of child maintenance broadly consistent with the amount calculated under the statutory scheme. I recognise the very special nature of minutes of agreement and the important differences between the Scottish legal system and that in England and Wales. As I mentioned earlier, I met the Law Society of Scotland to discuss this, and my officials will continue the dialogue. However, while we recognise that registered minutes of agreement have many advantages, our view remains that if circumstances change and the original agreement needs adjustment, difficulties may arise, and children may be stranded with inadequate arrangements that no longer work. There are particular problems with varying registered minutes of agreement where, for example, the parents have not been married before separation. I make it clear that the commission does not wish to intervene to disturb maintenance arrangements that are working well. Parents must decide whether their children’s interests are best served by the provisions of a registered minute of agreement or by a maintenance calculation made by the commission or by some other route. We do not wish to restrict any effective and agreed maintenance arrangements, in whatever form, to a year, four years or any other period. The Government’s view remains that the 12-month rule is the right policy to ensure a regular flow of income for the child where the parents have separated. A 12-month period strikes the balance between giving alternatives to statutory maintenance arrangements a chance to bed in and work, and providing a means to resolve difficulties quickly and keep payments flowing. That may disappoint the noble Lord. While I cannot offer the prospect of a pilot, I can certainly offer that of continuing engagement with the Law Society of Scotland. On that basis, I hope that the he will feel able to withdraw the amendment.