HC Deb 22 June 1966 vol 730 cc580-1
39. Mr. Neave

asked the Attorney-General when he expects to receive the report of the Committee under the chairmanship of Mr. Justice Payne which is at present considering the law relating to the enforcement of maintenance orders.

The Attorney-General (Sir Elwyn Jones)

Mr. Justice Payne's Committee is not confined to maintenance orders but is considering the whole of the law relating to the recovery of debts and the enforcement of orders for the payment of money in civil proceedings. The Committee's Report is not expected until early next year. I understand, however, that the Committee has already decided to recommend the abolition of imprisonment for non-payment of judgment debts, and will be making recommendations for the more effective enforcement and recovery of such debts. The Committee wishes to give further consideration to the problem of maintenance and affiliation orders.

Mr. Neave

Would not the Attorney-General agree that under the present law if the subject of a maintenance order is determined to avoid his obligations there are no means of compelling him to fulfil them? What have the Government in mind in view of the increase in the number of these cases?

The Attorney-General

If the offender is within the jurisdiction, the Maintenance Orders Act, 1958, enables an attachment to be made of his earnings by order of the court. That is an improvement. The difficulty arises when the offender, if he can properly be so described, leaves the jurisdiction. I understand that that is the problem which concerns the hon. Member.

Sir J, Hobson

Can the Attorney-General tell us when the interim report on the recovery of debts without imprisonment will be presented by the Committee, because we understand from reports of Labour Party meetings yesterday that this is rather important to the party?

The Attorney-General

This Committee is concerned with civil debts and I have nothing to add to the Answer I have given.

Mr. Tinn

Will this review include the law relating to affiliation and maintenance orders in Scotland? If not, are any steps in mind to bring the law of the two countries into line?

The Attorney-General

I should like notice of that question. I do not know whether this includes arrangements made in Scotland.