HC Deb 18 May 1962 vol 659 cc1710-1

12.15 p.m.

Mr. Rawlinson

I beg to move, in page 2, line 11, to leave out from "by" to "marriage" in line 12 and to insert: one of the parties to a marriage against the other during the subsistence of the". This is a drafting Amendment. The Clause extends to Scotland only. I therefore approached this branch of the law with even greater trepidation than I approached the Bill in general. I derive some comfort from the thought that, comparing English and Scots common law, the law that prevails in Scotland is often very much more preferable. On consideration, it appeared that subsection (2) did not make entirely clear my intention with regard to the powers of the court.

As drafted, the subsection says: (2) Where any such proceedings are brought by virtue of this section during the subsistence of a marriage, the court may dismiss the proceedings if it appears that no substantial benefit would accrue to either party from the continuation thereof; Those words are not completely satisfactory, for I understand that there are a few actions which a spouse can bring under the existing common law of Scotland, and the original working of the subsection would not appear to give the court power to stay those actions.

If the Amendment is agreed to the subsection would read: Where any such proceedings are brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may dismiss the proceedings … This makes it clear that the court would have the power to dismiss not only actions which could be brought under the provisions of the Bill but also actions which could be brought under the existing common law in Scotland.

Amendment agreed to.