HC Deb 23 July 1968 vol 769 cc489-90
Mr. Elystan Morgan

I beg to move Amendment No. 7, in page 16, line 39, leave out 'him' and insert: 'that person or the wife or husband of that person'.

Mr. Speaker

With this Amendment we are also taking Amendments 8, 9 and 10.

Mr. Morgan

The effect of the first two Amendments is that the restriction already existing in the subsection on the privilege against self-incrimination in civil proceedings would extend to the privilege against incriminating a spouse. Whether a witness has a privilege of refusing to answer a question on the ground that this would incriminate his spouse is uncertain, but Clause 14(1)(b) of the Civil Evidence Bill gives this privilege.

Correspondingly the third Amendment makes an answer given in civil proceedings to which the subsection relates inadmissible in criminal proceedings against the spouse of a person who is giving the answer, as well as in such proceedings against such person himself.

The Clause was concerned only with the incriminating of the person making the statement or admission. The Amendments widen the subsection, so that the person and his spouse are identified for these purposes as in Clause 14(3) of the Civil Evidence Bill.

Amendment agreed to.

Further Amendments made: No. 8, in page 16, line 40, leave out 'him' and insert 'that person'.

No. 9, in page 17, leave out lines 1 to 3 and insert: 'in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person'.—[Mr. Elystan Morgan.]

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