---

Child Maintenance and Other Payments Bill

I thank the noble Baroness for the spirit in which she moved the amendment. I agree that we must do everything that we can to ensure that CMEC succeeds. The amendments seek to examine and ratify particular aspects of the governance structure that we have proposed for the commission. As has been explained, Amendments Nos. 6 and 7 would limit the number of executive directors appointed to the board of the commission to a maximum of three, and the number of non-executive directors appointed to a maximum of four. That would limit board membership to nine, including the chair and commissioner. We have deliberately chosen not to specify the size of the board absolutely, which is consistent with the constitution of other NDPBs such as the Pensions Regulator and the Pension Protection Fund, which do not have a board maximum set in statute. Given the level of change expected in the commission as the reforms are introduced and take effect, the commission itself will be best placed to determine the most effective board size—in other words, the members of the board—to meet the statutory responsibilities for which it is accountable to Parliament. Similarly, the decision whether to have committees and sub-committees, and what the membership of such committees should be, should be a decision for the board alone. The commission remains responsible for ensuring that its statutory functions are exercised in the manner prescribed in legislation. To support the commission in its ability to delegate functions as it sees best, we have provided that the board may form a committee for any purpose and that, if it chooses, it may delegate any of its functions to it in addition to any member of the board or member of staff. In giving the board the ability to create committees for any purpose, we also believe that it is important that it is given the ability to determine the membership of such committees. We have therefore provided that committees can include individuals who are not members of staff, which enables the commission to draw on as wide a body of expertise as possible. For example, it is possible to envisage a committee with responsibility for policy development that might include stakeholders such as one-parent families, or that the audit committee might include an employee of the NAO. Amendments Nos. 15 and 16 would require that a member of the commission—in other words, a member of the board—must serve on every committee. While we might expect that to be the case, depending on the number of committees and sub-committees that might need to be established, it could be impractical. As we have established an independent board to make the best operational decisions, we believe that we should leave the composition of committees to the board. However, regardless of the committee structure, the board will remain accountable for the overall performance of the commission and for the attainment of its objectives. On the basis of that explanation, I hope that the noble Baroness will feel able to withdraw her amendment.