MARRIAGE (SCOTLAND) (Hansard, 21 February 1956)

§ Mr. Cyril Bence (Dunbartonshire, East)

I beg to move, That leave be given to bring in a Bill to amend the law of Scotland with regard to notice of intended marriage. The object of the Bill is to enable civilian men and women outside Scotland, and whose parents live in Scotland, to have the same marriage facilities as exist for men and women serving in Her Majesty's Forces outside Scotland, but whose parents live in Scotland. It seeks to enable them to have banns of marriage called in the parish where their parents live without fulfilling a 15 days' residential qualification. In other words, its object is to place these men and women in exactly the same position as those serving in Her Majesty's Forces.

I have personal experience of a case where a young man serving in the Armed Forces was able to have his banns called in a parish church in Scotland whereas another young man who was, in fact, employed by Her Majesty's Government in a civil department, in Manchester, could not have his banns called in Scotland because he did not have the 15 days' residence qualification. The Bill would provide that the son or daughter of parents, or a surviving parent, living in Scotland could have banns called in the parish church of the parish where the parents or surviving parent were living at the time of the intended marriage and have the marriage solemnised in Scotland, after due calling of the banns, without a 15 days' residence qualification.

It has been brought to the notice of many of us that resort has been had to many subterfuges to overcome this disability of the 15 days' qualification. I have heard that once a suitcase was deposited in a place in Scotland in order to establish a 15 days' residence qualification. Only the other day a case was 200 brought to my notice in which a very prominent lawyer went to his local minister and was informed by him that the banns of marriage could be called without the 15 days' residence qualification, but the clerk of that church informed him that they could not be called.

That state of affairs still exists and a good deal of subtlety is employed to try to overcome the 15 days' qualification. I am sure that hon. Members on both sides of the House would feel that it would be well worth while to enable young men and women working in the United Kingdom outside Scotland, who had only two weeks' annual leave from their employment, to have their marriage celebrated in Scotland at the beginning and not the end of their holiday.

It is unfair that a man or woman serving in the Armed Forces can celebrate marriage at the beginning of annual leave from the Forces whereas, in the case of a young man and woman in civil employment, including the Civil Service, one of them has to spend 15 days in Scotland out of his or her annual holiday before being able to get married at the end of that holiday. I am sure that many of us in the House, particularly those who are married, would have great sympathy with these people. The Bill is narrowly drawn. It strives to achieve equality between serving men and women and those who are not in Her Majesty's Forces.

Question put and agreed to.

Bill ordered to be brought in by Mr. Bence, Mr. Grimond, Mr. John MacLeod, Mr. Malcolm MacMillan, Mrs. Mann, Lady Tweedsmuir and Mr. Timmons.