HL Deb 22 July 1991 vol 531 cc534-5

62 Clause 27, page 18, line 37, leave out 'It shall be the duty of the Secretary of State to' and insert 'The Secretary of State may'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 62. This is a drafting amendment to rectify an inconsistency. As presently drafted the clause places a duty on the Secretary of State to collect maintenance whenever a maintenance assessment has been made. As your Lordships know, we should prefer the parties to come to a satisfactory agreement for the payment of maintenance, if that were possible, rather than for the agency automatically to collect in every case.

For mandatory applications for parents with care who are receiving benefit the agency would need to be sure that any such private arrangement was secure. For a voluntary application it will be entirely for the party concerned to decide whether to use the agency's collection services. The amendment ensures that that would be possible. This is also an important amendment.

Moved, That the House do agree with the Commons in their Amendment No. 62.—(The Lord Chancellor.)

On Question, Motion agreed to.