HC Deb 10 July 1974 vol 876 cc1344-5
11. Mr. Dempsey

asked the Secretary of State for Scotland if he will introduce legislation to abolish the necessity for Service men, intending to marry girls living in Scotland, having to obtain a special licence at a cost, because they cannot fulfil the residential qualification due to service with Her Majesty's Forces; and if he will make a statement.

The Under-Secretary of State for Scotland (Mr. Hugh D. Brown)

I notice that in the Order Paper my hon. Friend is styled "Sir". I am sorry that I have been denied the privilege of congratulating my hon. Friend upon a knighthood.

Special arrangements can be made for Service men whose homes are in Scotland, but legislation would be required to remove the residential qualification for those whose homes are elsewhere. Abolition of the residential qualification and of sheriff's licences was among the recommendations of the committee under the chairmanship of Lord Kilbrandon, which made a comprehensive review of the marriage law of Scotland and reported in 1969. I cannot say when it will be possible to introduce legislation based on the committee's recommendations.

Mr. Dempsey

May I reciprocate by congratulating my hon. Friend on his appointment? I am sorry, however, that he spoiled my elevation.

Does my hon. Friend not think it unfair that a non-Scot, because he is in the service of Her Majesty's Forces abroad and is anxious to marry a Scottish lassie, should be compelled to have to apply for a special licence which, with solicitors' fees, can cost between £15 and £20? Is this not unfair and unjustifiable? The girl might be worth it, but I do not think the licence is. Will my hon. Friend take immediate measures to alleviate this charge to soldiers who are defending this country's interests abroad?

Mr. Brown

Many hon. Members would think it a reasonable price to pay for marriage. However, there is a practical problem here, which springs from the fact that the law in Scotland is different, and so different regulations apply. If my hon. Friend has any specific cases I should be glad to look at them—

Mr. Dempsey

I have three.

Mr. Brown

I shall be glad to see whether I can help in those cases. The rules for Scottish Service men are quite explicit and not unduly burdensome, but this matter raises a problem of legislation. We have this matter on board and we shall give it early attention, consistent with fitting it into the parliamentary time table.