HC Deb 22 December 1971 vol 828 cc1487-9
3. Mr. Robert Hughes

asked the Secretary of State for Scotland if, in view of paragraph 22 of the Scottish Law Commission 1970–71 Annual Report, he is now prepared to assist in the reform of divorce law in Scotland.

16. Mr. Ronald King Murray

asked the Secretary of State for Scotland what plans he has to introduce legislation to amend the divorce law of Scotland in accordance with the recommendations of the Scottish Law Commission in its Sixth Annual Report.

The Under-Secretary of State for Home Affairs and Agriculture, Scottish Office (Mr. Alick Buchanan-Smith)

My right hon. Friend has no proposals for legislation on this subject.

Mr. Hughes

Is not the Minister aware of the very scathing comments made in paragraph 22 of the Scottish Law Commission's Report on the methods of trying to get divorce law reform through the House and of the criticisms of the very serious effects which delay is having on the Commission's proposals for family life? In the circumstances, does not the Minister feel that he has a responsibility to assist in getting some form of divorce reform through the House of Commons?

Mr. Buchanan-Smith

I am aware of the views expressed on the subject. I am also aware that the proposals for reform which were incorporated in the Bill which the hon. Member for Aberdeen, North (Mr. Robert Hughes) presented to the House proved to be highly controversial. It remains the Government's view that legislation on the subject, Which clearly raises many moral issues on which people have very strong convictions is more appropriate to a Private Member's Bill.

Mr. Hughes

Will the Minister bear in mind that even though these matters are controversial the Government should not run away from the very serious damage being done to family life in Scotland? I am asking the Government not to produce the legislation but to help by providing time to ensure that Private Members' Bills are not involved in hazards in the way that Government Bills are.

Mr. Buchanan-Smith

The question of the time of the House is not for me. As for assistance by the Government in this matter, as the hon. Gentleman knows, when he presented his Bill the Government authorised the Law Commission to assist him with it, and that was the correct thing to do.