§ 11.30 a.m.
§ Mr. Manningham-BullerI beg to move, in page 2, line 13, to leave out "her infant children," and to insert:
the infant children of the marriage.This Amendment is put forward in consequence of a point raised by my hon. and learned Friend the Member for Brighton (Mr. Marlowe) on the Committee stage. He pointed out that the word "her," in the phrase, "his wife or her infant children" might have the effect of including children who were not children of the marriage. As by reason of Section 42 (1) of the National Assistance Act, 1948, a man is no longer under any obligation to maintain his stepchildren and consequently cannot be guilty of wilful neglect to provide reasonable maintenance for them, it is desirable to make this Amendment and to show that the wilful neglect referred to in this case can only be neglect in relation to the infant children of the marriage.
§ Sir P. MacdonaldI beg to second the Amendment.
§ Amendment agreed to.
§ Mr. Manningham-BullerI beg to move, in page 2, line 14, to leave out, "then if the Court," and to insert:
the High Court of England, if it.This is a purely drafting Amendment.
§ Sir P. MacdonaldI beg to second the Amendment.
§ Mr. PagetIs this matter affected at all by the Amendment made to bring in Scotland? Does the High Court include the Court of Session? If not, ought the Court of Session to be included?
§ Mr. Manningham-BullerI do not think the Court of Session is included. Whether it should be included is a matter on which I do not feel competent to speak. I do not know whether the Lord Advocate would give assistance on that point. It is a matter of Scottish law, with which the hon. and learned Gentleman may be more familiar than I am.
§ Mr. PagetI am as ignorant as the hon. and learned Member for Daventry (Mr. Manningham-Buller), but perhaps this is a matter which might be considered elsewhere.
§ Amendment agreed to.
§ Further Amendments made: In line 15, leave out "the court."
§ In line 27, leave out subsection (3).—[Mr. Manningham-Buller.]