HC Deb 24 June 1943 vol 390 cc1310-1
54. Mr. Hammersley

asked the Home Secretary whether he will consider the desirability of introducing legislation to provide that when justices sitting at a matrimonial court make a separation order or maintenance order, and where the total value of the furniture and effects does not exceed £300, the justices should be given power to allocate the furniture between the husband and wife, either in accordance with an agreement arrived at between the parties or, in accordance with suggestions put forward by probation officers after a visit to the home for an investigation of all the circumstances of the case?

Mr. H. Morrison

While I appreciate the considerations which have prompted this suggestion, I must point out that a similar proposal was made when the Summary Jurisdiction (Separation and Maintenance) Bill of 1925 was before the House, and was withdrawn after a Short Debate, mainly I think because of the objection which was felt to imposing on courts of summary jurisdiction the difficult task of dividing property according to their views of what would be equitable, unguided by any legal principles; and I am advised that it is very doubtful whether any attempt to settle these problems on a legal basis would be satisfactory.

Mr. Hammersley

Does the right hon. Gentleman appreciate that the present position, whereby the assets of the home in cases of this kind automatically become the possession of the husband, is neither in accordance with our modern sentiment nor with the changed circumstances of the times, and, having regard to the fact that the problem is becoming increasingly difficult, and that great hardship is being caused all over the country, will he not have an inquiry of some kind into the matter to see whether something cannot be done?

Mr. Morrison

I doubt whether in the circumstances in which we are now operating I could very well take that step. It is a difficult matter. If there is agreement between the parties, there should be no difficulty about the division, and that is one of the alternatives in the Question. I do not like the idea of probation officers or courts entering into disputes between husband and wife and making an arbitrary division.

Sir J. Lamb

Will the right hon. Gentleman take care that a man does not lose his wife and his furniture at the same time to another man?

Mr. Hammersley

Is the right hon. Gentleman aware that, even if there is agreement, by existing legislation a magistrate cannot make a compulsory order?

Mr. Morrison

If there is agreement, I should have thought that no difficulty would arise.

Mr. Stephen

Will the right hon. Gentleman not adopt the policy of the Minister of Labour and set up hardship committees to deal with it?