HC Deb 12 May 1948 vol 450 c2138

Lords Amendment: In page 30, line 44, at end insert: and the provisions of the last foregoing Section shall not apply in relation to the father of the child.

Mr. Bevan

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

The purpose is to enable the putative father who is concerned under this Act to have the benefit of the Bastardy Acts in general and not be limited in his rights.

Question put, and agreed to.

Lords Amendment: In page 31, line 31, after "Scotland" insert: Subsection (1) shall have effect as if all the words after 'Part III of this Act' were omitted and

4.0 p.m.

Mr. Robertson

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

This Scottish Amendment will omit the words of the previous Amendment in the application of the Subsection to Scotland. Clause 43 gives the Assistance Board and the local authorities in Scotland power to raise action of affiliation and aliment where assistance is granted in respect of an illegitimate child. Clause 42 enables the Board or local authority to seek a maintenance order against anyone liable to maintain a person who is being assisted. It appears that in England it would be appropriate to take civil proceedings against the putative father under Clause 43 only. There is no reason why in Scotland it should not remain possible, as in the Bill as printed, for proceedings to be taken against the putative father under either Clause 42 or Clause 43 as appropriate. For example. Clause 42 might be the more appropriate provision where the mother was for any reason not available and the father had already admitted paternity.

Lieut.-Colonel Elliot

I understand that in Scotland we prefer the Bill as it is printed and do not feel the need for the previous Amendment and therefore the Under-Secretary is moving that that Amendment should not apply in the case of Scotland. That is the desire of the Scottish authorities and those connected with these questions in Scotland, and I commend this to the House.

Question put, and agreed to.