§ 37. Major C. S. Taylorasked the Under-Secretary of State for Dominion Affairs how, when payment of costs in divorce proceedings are awarded against a soldier serving in one of the Dominions Forces, this payment can be obtained.
§ Mr. Emrys-EvansI am advised that a soldier serving in one of the Dominion Forces, while in this country, is in a position similar to that of a man in the United Kingdom Forces. He is amenable, generally, to the normal legal processes employed here for the recovery of debts. He is, however, immune from arrest or compulsion to appear before a court on account of any debt or sum of money not exceeding £30, but if the amount exceeds this sum he can be brought before a court. In either case, a judgment creditor, in levying execution, cannot touch the person, pay or equipment of the soldier. So far as private property is concerned the soldier is, of course, in the same position as the civilian. If the soldier has returned to the Dominion, it would be necessary for the judgment creditor to take proceedings there under the law of the Dominion.
Miss RathboneIs the Minister aware that some very hard cases are covered by this Question, cases in which women earning only a few pounds a week find themselves mulcted in expenses—in one case I know it was over £100—when they are quite blameless? Cannot the Dominion Governments be asked to make some change in the arrangements so that such debts can be recoverable from the soldier?
§ Mr. Emrys-EvansThis is a question of law.
§ Mr. PrittIs it not possible to get the Dominion authorities to consider such a matter, and to arrange for reductions from pay? If it is a matter of law, alter the law.
§ Major TaylorWill my hon. Friend consider holding discussions with Dominion representatives over here?
§ Mr. Emrys-EvansYes, Sir, but as I have pointed out this is really a question of law.