I beg to move

That the Child Support Fees (Revocation) Regulations (Northern Ireland) 2024 be approved.

The Business Committee has agreed that there should be no time limit on the debate.

The regulations, which came into operation on 18 January 2024, amend the Child Support Fees Regulations (Northern Ireland) 2014 by revoking regulation 3(6) and 3(7). Those provisions relate to arrangements for the collection of child maintenance. The regulations are required to satisfy the legal doctrine of revoking obsolete provisions from the statute book as promptly as possible. Regulation 3(6) and regulation 3(7)of the Child Support Fees Regulations (Northern Ireland) 2014 were rendered obsolete following the enactment of the Child Support Collection (Domestic Abuse) Act 2023 on 29 June 2023. The primary purpose of the UK-wide Act was to provide additional legislative protection for victims of domestic abuse who use the Child Maintenance Service (CMS). The Act does that by allowing for the collection of child maintenance payments by my Department on behalf of the person with care where my Department is satisfied that there is evidence of behaviour of a parent that amounts to domestic abuse against the other parent or children in the household. In revoking regulation 3(6) and regulation 3(7), my Department is removing the risk of any confusion arising in the wider public and legal community. Primary legislation naturally takes precedence over subordinate legislation, and, as the statute book does not require both provisions to operate concurrently, it is therefore prudent to revoke the subordinate provisions.

Although the regulations are merely technical in nature, they are, more importantly, closely associated with the domestic abuse protections that are provided in the Child Support Collection (Domestic Abuse) Act 2023. The shared aim of my Department and the CMS is always to strive to provide a better service for protecting victims of domestic abuse. The regulations form part of a wider legislative package that flows from the 2023 Act that will see a focus on that important policy area. I commend the regulations to the House.

The Committee for Communities supports the approval of the Child Support Fees (Revocation) Regulations (NI) 2024. The Committee considered the statutory rule at its meeting on 29 February 2024. At that meeting, Committee members were briefed by departmental officials. Following review and discussions, the Committee recommended that the regulations be approved by the Assembly. The Committee was made aware that the original regulations — the Child Support Fees (Revocation) Regulations (NI) 2023 — were first introduced in July 2023 and that revocation and re-enactment were therefore required owing to the ongoing absence of the Assembly.

The Committee understands that the regulations are technical in purpose in order to revoke and re-enact the provisions of the 2023 regulations, which amend the Child Support Fees Regulations (NI) 2014. That is essential to allow for the continuation of the collect-and-pay process to be used in a child maintenance arrangement. The primary purpose of the regulations is to revoke certain provisions of the 2014 regulations. The change is required in order to allow the continuation of the collect-and-pay process in child maintenance cases in which either parent objects to using direct pay owing to a previous criminal conviction related to domestic abuse by the other parent or a current civil court order related to domestic abuse, such as a non-molestation order. By permitting the collect-and-pay process in those circumstances, the regulations aim to protect victims of domestic abuse, thereby ensuring that they can receive child maintenance without compromising their safety. The measure will help anonymise the personal details of receiving parents while ensuring that they still receive the necessary financial support for their children.

The Committee noted that the policy primarily benefits victims of domestic abuse, who are predominantly women. The legislative change therefore significantly supports and protects a vulnerable group in our community. The Committee recognises that, although paying parents and receiving parents will still be subject to collection fees under the Child Maintenance Service, the priority is to safeguard the well-being of domestic abuse victims. Future legislation should address the collection fee issues more comprehensively.

On the subject of financial and operational implications, the Committee understands that implementing the regulations will enable the Child Maintenance Service to function without interruption, which will avoid any risks to recipients, as well as any inefficiencies that may arise from outdated legislative provisions. That continuity is vital for the well-being of the children and families who depend on such services.

The Committee understands that the regulations are a necessary legislative measure to ensure the continued effectiveness of the Child Maintenance Service. Therefore, I am content to recommend that the Assembly approve the Child Support Fees (Revocation) Regulations (NI) 2024.

Thank you, Minister, for bringing these regulations to the Floor. I support anything that can be done to streamline the service, protect victims of domestic violence and make sure that money gets to the right place for persons with care.

I know that my colleague Ciara Ferguson mentioned the fees, and that is what, with your indulgence, Minister, I want to bring up. Someone in my constituency who is in that situation brought this up with me: why should a victim of domestic violence have to pay a 4% fee to use the collect-and-pay service in order to safeguard their welfare and identity for the protection of their safety? I encourage the Minister to look into that specific collection fee for those who are experiencing or are a victim of domestic violence, because they should not have to pay a 4% fee to protect themselves.

I will respond to Sian Mulholland's comments first. Although it is not directly affected by the regulations in front us, I am more than happy for officials to look into that issue, and I will come back to her with a response. I certainly agree with the tone and tenor of what she is saying, and I thank her for bringing it to my attention.

I am grateful for the support that we have for the regulations, which are minor but necessary. Again, I am grateful for the Chamber's support. Thank you.

Question put and agreed to. Resolved:

That the Child Support Fees (Revocation) Regulations (Northern Ireland) 2024 be approved.

Ladies and gentlemen, as Question Time begins at 2.00 pm, I suggest that the Assembly take its ease until then.

(Mr Speaker in the Chair)