HC Deb 25 July 1946 vol 426 cc358-9

Lords Amendment: In page 50, line 41, leave out Subsection (5) and insert: (5) In any proceedings for an offence under this Act, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused: Provided that the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the accused.

Mr. Lindgren

I beg to move, "That this House doth agree with the Lords in the said Amendment."

There was considerable discussion particularly amongst the legal Members in Committee and in the House, on the question whether or not a wife was a competent or a compellable witness. Subsequently this form of wording was arrived at which was inserted in the National Insurance Bill, and these words are now repeated in the National Insurance (Industrial Injuries) Bill.

Mr. Manningham-Buller

I am glad that this Amendment has been moved. This was raised during the Committee stage by the Opposition, and was the subject of considerable argument at that time. If I may say so, it met with considerable resistance from the Government on those occasions, but we persisted in the matter. I am very glad that at the last possible moment the Government are agreeing to this Amendment from another place which states the law quite clearly, and does not give rise to the possible confusion which the subsection of the Clause did in its original form.