BLOOD AND OTHER SAMPLES IN CIVIL PROCEEDINGS (Hansard, 17 October 1990)

§ Lord James Douglas-Hamilton
I beg to move amendment No. 102, in page 63, line 7, leave out 'direct' and insert 'request'.

§ Mr. Deputy Speaker (Sir Paul Dean)
With this it will be convenient to take Government amendments Nos. 103 to 107.

§ Lord James Douglas-Hamilton
These are technical amendments on DNA, and I commend them to the House.

§ Mr. Dewar
I accept that these are technical amendments, but they relate to an important clause, which introduces into civil actions in Scotland a new power, which will probably be brought into play most commonly in paternity cases. The DNA test, or genetic fingerprinting, allows deciding the truth of the matter to be put beyond any significant chance of error. I was pleased when the new clause that I moved in Committee on this subject was accepted by the Government. I hope that it will end the bitterness and humiliation that is all too often built into 1254 paternity cases. I have been involved in such cases—in a professional sense—and they are not a pleasant experience.
The Committee and the House spent some time on the protection of children giving evidence in court, and spoke of the stress put on them. There is a strong case for introducing the change set out in this clause as it protects those who might otherwise become entrenched combatants in paternity cases. I am delighted that this will reach the statute book, and it is a worthwhile part of the Bill.
Will the Minister say something about commencement? I know that there is a citation and commencement clause in the Bill—clause 62—under which certain parts of the Bill come into force within two months, beginning with the date on which the Act is passed. Clause 59 is not one of them, which means, as I understand clause 62(2), that it will be brought into force. on such day as the Secretary of State may appoint by order made by statutory instrument". This is not just idle curiosity. I have had inquiries, in particular from solicitors who have an active interest in this machinery, about when the commencement order will be laid. It would be useful if the Minister could help me on that point.

§ Lord James Douglas-Hamilton
It will come into force two months after Royal Assent. I understand that this is covered in the clause.

§ Mr. Dewar
Can I press the Minister on that point? I may be becoming obtuse and goitered in my old age—

§ Mr. Menzies Campbell
That is not true.

§ Mr. Dewar
Thank you for that loyal all-party vote of confidence from behind me.
Clause 62 refers to the provisions of part III, which is the licensing part, and says that it and section 55 of this Act and so much of section 61 as relates to those provisions; and (b) section 56 of this Act and paragraphs 21 and 32 of Schedule 7 to this Act, shall come into force at the end of the period of two months beginning with the day on which this Act is passed. Therefore, clause 59 is not included, so it must be covered by clause 62(2), which provides that it will commence when an order is laid before the House. If the Minister is saying that he intends to lay an order so that the clause will be brought into effect two months after the passing of the Act, I am happy with that, but that seems an unlikely promise, so I should like him to confirm it.

§ Lord James Douglas-Hamilton
I can confirm that that is the intention. I believe that we can proceed along those lines under the terms of the Bill. There should be no problem and the provisions will commence two months after the passing of the Act.

§ Mr. Dewar
I am obliged.