Dáil Éireann Debate, Thursday - 9 February 2023
3. Deputy Claire Kerrane asked the Minister for Social Protection if she will provide an update on the implementation of the recommendations made by the child maintenance review group, including the removal of child maintenance as household means for social welfare payments; and if she will make a statement on the matter. [6032/23]
Amharc ar fhreagraI want to ask the Minister about the implementation of the recommendations from the child maintenance review group, especially the recommendation on the removal of child maintenance being treated as household means when it comes to accessing and retaining social welfare supports. Can the Minister provide us with an update on the legislation and when she expects to bring it to the House? It is obviously a very important piece of legislation and an important recommendation made by the group.
I thank the Deputy for raising this issue. The child maintenance review group was established in 2020 to prepare a report on the current treatment within the Department of Social Protection of child maintenance payments, the current provisions relating to the liable relatives regarding child maintenance and the establishment of a child maintenance agency.
These are very significant reforms of the social welfare system which will be of great benefit to lone parents. Introducing these changes requires amendments to primary and secondary legislation, the details of which are currently being examined. The reforms will also necessitate changes to some of my Department's systems, application forms and processes.
Some of what the Minister said regarding what the Department is doing, instructed by her, is really welcome. While the Department is not obliging parents to prove or show proof that they have sought maintenance, in practice is maintenance still being used in meeting the calculation of the lone parent payment?
There was no agreement in the review group regarding the possibility of setting up a child maintenance service. It is important for the Minister to clarify her position regarding the possibility of such a service being established because, as she said, any changes that are made, and it is important they are made, do not remove the obligation on the non-custodial parent to maintain his or her child. This is what the legislation states. How are we going to support lone parents to ensure that happens and how do we do it outside the court environment, which is a difficult one for many lone parents?
The reforms will necessitate changes to some of my Department's systems, application forms and processes. I must make amendments to primary and secondary legislation. I am doing it on an administrative basis regarding the liable relative and the need to show proof you are seeking maintenance.
The Department needs to distinguish between child and spousal maintenance, something which is not done at the moment, so my officials are working on advancing the various implementation issues to ensure early implementation of the reforms. We are doing what we can on an administrative basis but in terms of the means test, we must go through that and bring forward legislation, which I want to do as quickly as possible. There are a few issues we need to look at because legislation is complex and we might need to make adjustments in a number of different places. I will come back to the Deputy regarding child maintenance.
I appreciate that the Minister wants to see this legislation brought forward as quickly as possible, as do I and the rest of the Opposition. It is really important that these changes are made and they will make a difference to lone parent families. The Minister said the liable relative unit provision has been discontinued. What does that mean in practice for the unit? Will it be abandoned altogether? I appreciate the Minister cannot give a definite date but does she foresee this legislation being introduced in the first quarter of this year?
As I said, we are working on it and will bring it in as soon as possible. I cannot give a timeframe at the minute because there is a bit of work to be done on it.
The Deputy asked me about the child maintenance agency. There was no consensus among the group regarding the establishment of a child maintenance agency. Even among members of the group who supported the establishment of such an agency, there were differing views about its role and remit as well as important constitutional concerns. The group examined the international position and after significant research, found that different countries have different arrangements. Unfortunately, there is no one perfect solution.
Even if an agency was to be established, there would still be a significant role for the courts in terms of the difficult issues of enforcement and arrears. The Minister for Justice is planning significant reforms in the family justice area. I am particularly pleased that the family justice strategy includes a commitment to undertake a review of the enforcement of maintenance orders in the first half of this year. That is the important thing. If you are supposed to pay maintenance, you should pay it.
I would like to see a system whereby maintenance could be deducted at source but, again, it is something that must be teased out. Under such a system, no matter where you go, the maintenance is taken from your income. That would cut out a lot of administrative nonsense and having to go in and out of court. We want to stop that so if we could tie that up, it would make a difference.
