§ Mr. Manningham-BullerI beg to move, in page 1, line 5, at the beginning to insert:
The High Court in England shall have jurisdiction.I think it would be convenient, Mr. Speaker, to take this Amendment with the next one in the same line, to leave out:the court shall have jurisdiction.Both are drafting Amendments, and do not alter the sense of the Clause, though they make a slight improvement in its language.
§ Sir P. MacdonaldI beg to second the Amendment.
§ Lieut.-Colonel LiptonIt might be for the convenience of the House if the hon. and learned Member for Daventry (Mr. Manningham-Buller) were to indicate when moving Amendments whether or not they are acceptable to the Government. It has been made clear that this Bill has been drafted in terms acceptable to the Government. It has also been made clear that at some stage or other a pledge was given by certain hon. Members to other hon. Members that no controversial issues of any kind would be raised. However, the majority of hon. Members are at a disadvantage in that they are not parties to this private arrangement. I would respectfully suggest that it would be for the convenience of the House, and for the benefit of hon. Members on this side who are always anxious to support the Government, if the hon. and learned Member would give such an indication.
§ The Attorney-GeneralWhile I should be only too glad if the hon. and learned Member for Daventry (Mr. Manningham-Buller) were able to cross over to this side of the House and speak for the Government, unfortunately his present position does not enable him so to do. My hon. and gallant Friend the Member for Brixton (Colonel Lipton) may be assured that if the Government 2508 are not in agreement with any particular Amendment on the Order Paper I shall indicate that fact to the House. So far, I have seen no reason to disagree with the Amendment which the hon. and learned Member for Daventry has just moved; but I think it right to say that so far as I know there has been no kind of pledge between hon. Members on one side or the other as to the course they might take in regard to this or any other Amendment.
We have discussed some of these matters in Committee; we have considered the implications arising from the Amendments introduced in Committee and I have endeavoured to give such assistance as I was able to the hon. and learned Gentleman in connection with further Amendments standing on the Order Paper. But there is no kind of pledge about the matter, and if the Government are not able to support any of these Amendments, I shall say so when the time comes.
§ Amendment agreed to.
§
Further Amendment made: In page I, line 5, leave out:
the court shall have jurisdiction."—[Mr. Manningham-Buller.]
§ Mr. SpeakerThe hon. Member for East Islington (Mr. E. Fletcher) has just put in a manuscript Amendment. This is a very complicated Bill, and I have not had time to note the full effect of it. If it is necessary, I would suggest to the hon. Member that it should be moved in another place, but I am afraid that owing to the shortness of notice I have been unable to ascertain whether it is necessary or not.
§ Mr. Manningham-BullerI beg to move, in page 1, line 12, to leave out "British Islands," and to insert:
United Kingdom or in the Channel Islands or the Isle of Man.The point was raised in Committee by the hon. and gallant Member for Ayr Burghs (Sir T. Moore) as to whether the expression "British Islands" might give rise to some confusion owing to the constitution of the Republic of Ireland. On consideration we felt it desirable to avoid any possibility of that, and by this Amendment we seek to take out the words "British Islands" and put in a definition which can give rise to no possible confusion whatsoever. I am un- 2509 able to answer the invitation of the hon. and gallant Member for Brixton (Lieut.-Colonel Lipton), because I cannot speak for the Government, but if he will wait he will no doubt hear whether or not this proposal is acceptable to the Government.
§ Mr. Paget (Northampton)Can the hon. and learned Gentleman tell me whether the proposal covers Northern Ireland?
§ Mr. Manningham-BullerI think the answer to that is in the affirmative.
§ Lieut.-Colonel Sir Thomas Moore (Ayr Burghs)This Amendment will, I think, make the position clear to all concerned. It shows that "British Islands" was regarded as a geographical expression, whereas the Amendment proposed by my hon. and learned Friend has made the point clear.
§ Mr. Scollan (Renfrew, Western)May I point out that almost invariably it was always dubbed "United Kingdom and Ireland," and later "United Kingdom and Northern Ireland"? This is a departure from that practice.
§ The Attorney-GeneralThis Amendment includes Northern Ireland. My hon. Friend is, with respect, mistaken in thinking we added the words "and Northern Ireland." There may be in particular Bills, a provision that the Bill shall not extend to Northern Ireland, or shall only extend in certain circumstances. But as to whether the United Kingdom includes Northern Ireland there is no doubt whatever.
§ Amendment agreed to.
§ Mr. Manningham-BullerI beg to move, in page 1, line 12, at the end, to insert:
(2) Without prejudice to any jurisdiction exercisable by the court apart from this section in proceedings for nullity of marriage, the foregoing provisions of this section shall apply to proceedings for nullity of marriage.This Amendment deals with a point raised in Committee by the right hon. Member for Oxford University (Sir A. Salter) when he put forward the possibility that the Clause as drafted might limit the existing jurisdiction of the High Court in connection with proceedings for nullity. The effect of the Amendment is to make it quite clear that the existing jurisdiction for proceedings for nullity is 2510 in no way restricted or cut down by the contents of this Bill.
§ Sir P. MacDonaldI beg to second the Amendment.
§ Amendment agreed to.