HC Deb 30 May 1892 vol 5 cc209-10
MR. WOODALL (Hanley)

I beg to ask the Under Secretary of State for the Colonies whether marriages, between parties of whom one at least is a British subject, can now be solemnised in the Island of Malta in accordance with the provisions of "The Marriage Act, 1890," and "The Foreign Marriage Act, 1891"?

THE UNDER SECRETARY OF STATE FOR THE COLONIES (Baron H. de WORMS,) Liverpool, East Toxteth

The Secretary of State is advised that such marriages cannot be so solemnised, as no officer in Malta has been authorised to solemnise marriages under those Acts.

MR. WOODALL

Have they no power under the last Act?

BARON H. DE WORMS

That question involves a very important legal question. Perhaps the hon. Member will put the question to the Attorney General.

MR. WOODALL

I will do so. I also intend to call attention to the subject when we come to the Marriages Abroad Bill, which is down for Second Reading to-day.

MR. TIMOTHY HEALY

I beg to ask the Under Secretary of State for Foreign Affairs whether the engagements or undertakings given to the Holy See as to the Maltese Marriage Law and the other matters broached by Sir Lintorn Simmons at the Vatican have been fulfilled, or has any remonstrance been received by Her Majesty's Government as to their non-fulfilment?

MR. J. W. LOWTHER

The undertaking given to the Pope by Sir Lintorn Simmons that a Bill to regulate the civil effects of marriages in Malta would be introduced in the Colonial Council of Government has not yet been fulfilled. Before determining the form of the proposed legislation Her Majesty's Government found it necessary to obtain fuller information as to the existing Marriage Law of Malta; and in view of the conflicting opinions of high authorities they have thought it right to submit certain questions for the opinion of the Judicial Committee of the Privy Council. The case for submission to the Judicial Committee is being finally revised by the Crown Advocate of Malta. The only other undertaking related to the surrender by the Government of the collation of certain ecclesiastical benefices in Malta, and this has been fulfilled as far as vacancies have occurred. No such remonstrance has been received as to the non-fulfilment of the undertakings.

MR. HEALY

May I ask the hon. Gentleman whether Sir Lintorn Simmons represented to the Holy See that there would be such a difficulty in fulfilling the promise that for two years it would remain unfulfilled?

MR. LOWTHER

I am afraid I cannot inform the hon. Member. If the hon. Member will put a further question down I will look into the Papers on the subject.