HC Deb 12 May 1948 vol 450 cc2136-7

Lords Amendment: In line 27 leave out from "The" to end of line 29 and insert: reference in paragraph (a) of the last foregoing subsection to a man's children includes a reference to children of whom he has been adjudged to be the putative father, and the reference in paragraph (b) of that subsection to a woman's children includes a reference to her illegitimate children.

Mr. Griffiths

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

This Amendment is remedial. It would appear that the provisions of the Bill as it left this House would have enabled us to require from the putative father maintenance for his child before the matter had been decided in the courts. The Amendment is designed to ensure that we cannot do this until paternity has been established.

Question put, and agreed to.

Lords Amendment: In line 29, at end, insert: (3) In the application of Subsection (2) of this Section to Scotland for the reference to children of whom a man has been adjudged to be the putative father there shall be substituted a reference to children his paternity of whom has been admitted or otherwise established.

The Joint Under-Secretary of State for Scotland (Mr. J. J. Robertson)

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

The immediately preceding Amendment limits a man's liability for the maintenance of his illegitimate children to the children of whom he has been adjudged the putative father, the object being to bring the Clause into accordance with the English law. In Scotland a man is liable for the maintenance of his illegitimate child. Section 80 of the Poor Law (Scotland) Act, 1845, authorises the prosecution of a putative father failing to maintain his illegitimate child if the paternity has been admitted or otherwise established. It is felt that the principle established in Scottish law should be safeguarded as indicated in the Amendment.

Lieut.-Colonel Elliot

It is desirable that the Scottish law should be maintained here. The Under-Secretary and I seem to be seing a great deal of each other just now, having spent all yesterday, the whole of last night and all this forenoon together in the Committee room upstairs and shortly to adjourn there again. It is therefore undesirable to prolong our discussions on this relatively uncontroversial matter. I would only say that on this occasion both he and I are at one.

Question put, and agreed to.