HC Deb 02 March 1983 vol 38 c241
43. Mr. Ernie Ross

asked the Solicitor-General for Scotland if he will make a statement on the working of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 with particular reference to exclusion orders.

45. Mr. Dewar

asked the Solicitor-General for Scotland whether he is satisfied with the operation of section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

The Solicitor-General for Scotland

Since the Act came into operation only on 1 September 1982, it would be premature to draw firm conclusions about its effectiveness at this stage.

Mr. Ross

Does the Solicitor-General for Scotland accept that the spirit and intention of the Act was to protect women from violence in the home? Is he aware that the overwhelming majority of exclusion orders granted under the Act have been against women? Does he accept that some guidance must be given or that the Act must be reexamined to ensure that its spirit and intention are followed?

The Solicitor-General for Scotland

This was a complex and radical reform of the law that affected the property rights of many people. The courts have made several decisions, the most recent of which was in the first division of the Court of Session, when the Lord President granted an interim exclusion order in favour of a wife. Some of the fears expressed to the effect that the power under section 4 was useless have now been laid to rest.

Mr. Dewar

Does the Minister accept that the decision in the case of Bell, especially Lord Robertson's legal judgment, has raised genuine fears that the exclusion order under section 4 will be undermined by introducing the immediacy test? Will he guarantee to consider the matter sympathetically, to monitor it constantly and to keep the House informed, because many of those involved—including the women's rights movement and those in legal circles—believe that that judgment means that the battered spouse will not receive the protection that Parliament intended when the Act was passed?

The Solicitor-General for Scotland

It is important to remember that the background to the introduction of this change in the law was that the interdicts regularly used were ineffective. There was no disagreement in the case to which the hon. Gentleman referred. It was accepted that the interdict was there and that it had not been, and would not be, breached. I invite the hon. Gentleman to consider the decision in the case of Ward—I have not had the opportunity to examine it in great detail—where the first division said that information contained in a report on the custody of children may make it much easier for the court to grant interim exclusion orders.

Mr. Gordon Wilson

Has the Solicitor-General heard of another impediment to this legislation, whereby a spouse with children who has raised matrimonial proceedings and obtained legal aid has been refused a further allocation of legal aid to secure access to the family home through the courts? Will he examine that problem?

The Solicitor-General for Scotland

I was unaware of a problem about legal aid, but if the hon. Gentleman writes to me I shall consider it.