HC Deb 31 July 1980 vol 989 cc1719-20
14. Mr. Dudley Smith

asked the Secretary of State for the Home Department what guidance is given to officials of magistrates' courts concerning methods of payment of maintenance orders; and whether he will ensure that payment through a recipient's bank is allowable.

Mr. Brittan

We have recommended to clerks to justices that the primary consideration in the method of payment should be the convenience of the payee. There is nothing in the regulations to prevent a cheque from being sent direct to the payee's bank, but responsibility for the administration of individual courts rests with the justices' clerk concerned.

Mr. Smith

Is my hon. and learned Friend aware that some magistrates' courts refuse to pay maintenance orders into bank accounts, even when the women concerned are elderly and infirm and have no means of getting to the court to collect the money? Does he agree that in this technological age that is nonsense? I thank my hon. and learned Friend for his reply, but will he pursue the matter further to try to improve the situation?

Mr. Brittan

I am aware of the difficulties that my hon. Friend mentions. I cannot exclude the possibility of there being special problems in particular places, but I very much hope that, when the recipient wants the money paid into her bank account, that will be done. I see no general reason why it should not be possible. I hope that the magistrates' courts will feel able to agree to that.

Mr. George Cunningham

Is the Minister aware that for 10 years after 1970 there was a gross discrepancy between the content of the consolidated circular issued to the police with regard to the provision of DHSS information in connection with the enforcement of maintenance orders and Metropolitan Police Force orders? Will he make sure that his colleague responsible for that matter takes steps to ensure that such a discrepancy never occurs again, because many wives pursuing former husbands in maintenance order cases must have lost money because of that inefficiency in the Home Office?

Mr. Brittan

The hon. Gentleman has pursued the matter with my noble Friend, who is dealing with it.