§ 41. Mr. Bessellasked the Minister without Portfolio if he will take steps to amend the legal aid rules to allow a wife, who is applying in a magistrates' court to enforce a High Court Maintenance Order, to be granted legal aid.
§ Sir Eric FletcherApplications to enforce High Court maintenance orders through the magistrates' courts are made in the first instance to the High Court itself which will, if it thinks fit, direct that the order be registered in the appropriate magistrates' court. If legal aid has been granted to obtain the order in the High Court, it will cover this application for registration.
Once the order is registered in the magistrates' court, the duty of enforcing it falls on the collecting officer of the court and the wife needs to take no formal steps to enforce the order. Therefore, legal aid is not necessary at that stage.
§ Mr. BessellIs the right hon. Gentleman aware that there are many instances of wives being unable to obtain enforcement due to the fact that they are not able to obtain legal aid? Will he look at this matter again, because it is one of serious concern to a great many women 1266 who are suffering quite needless hardship?
§ Sir Eric FletcherI think I appreciate the point the hon. Gentleman has in mind, but, as I have said, in the ordinary case a legal aid certificate governs both the registration in the magistrates' court as well as the obtaining of a decree. There are some marginal cases affecting variations which are being looked into.