Clause 8 (Hansard, 27 May 1970)

§ Sir D. Renton

I rise only to draw attention to the fact that this is a very important Clause. It governs the ages at which various provisions of the Bill apply to children of the marriage. If in the normal course of events consideration of the Bill had continued as it started in Standing Committee, we would have had a very full discussion on the Clause and, indeed, on many other Clauses, and we would have had a particularly full discussion on the new Clauses which have been put down by the Government and which will be moved at a later stage by the Solicitor-General.

I think that I should place it on record that, by mutual consent of both sides—I say that quite deliberately—the normal, thorough procedure of House of Commons scrutiny of legislation is not being carried out. It is always to be regretted when that happens, but I mention the fact that it is not happening because, in my opinion, the courts will detect imperfections in this Clause and in other parts of the Bll, and, no doubt, in new Clauses, imperfections which, if we had carried out the usual thorough scrutiny of the Bill, might not have remained in the Bill.

I venture to predict, I hope not too speculatively, that after a year or two of attempting to interpret this Bill when it has become an Act of Parliament the courts will find in it flaws which we might have detected, and therefore it is quite possible—more than likely—that an amending Bill will be required in perhaps the next Session but one of Parliament, the second Session of the next Parliament, or, at the latest, the third Session.

I mention this in the interests of both sides of the Committee, because I think, bearing in mind the unusual circumstances in which we are hastening this legislation, by mutual consent, we should not be ashamed, when the right time comes to consider an amending Bill, to confess the mistakes we may have made in the Bill, and to amend this Measure 1949 in the light of the experience which may have been obtained of it by the courts.

I hope that I have not stretched your patience too far, Mr. Rogers, by saying this on this Clause, but having said it, and having got it on the record, I give you an undertaking that I shall not say it again during these proceedings.

§ The Solicitor-General

I think it well that I should say that for my part I raise no objection and feel no objection to the point of view which has been expressed by the right hon. and learned Gentleman. It is a fact that we are considering this matter in a fashion which is not that which we would have pursued if outside events had not taken the shape which they have. I acknowledge that. I think there may be some loss flowing from that circumstance. I do not, if I may express a view about this, feel that the loss will be in any way proportionate to the gain which is achieved by the agreement between the two sides of the Committee that, on the whole and in the public interest, it is very desirable that a provision of the kind we are proposing here should be made.