RECOMMITMENT. (Hansard, 14 June 1858)

§ LORD REDESDALE
wished to draw their Lordships' attention to the fact that legislation was in this instance partial— that the Act did not extend to Ireland. If the principle of the Bill was to prevail in England, he could see no good reason why it should not be extended to Ireland. Words might be introduced into the Bill which would give parties in Ireland an opportunity of availing themselves of the provisions of this Bill.

THE EARL OF WICKLOW
said, that when he put a question to the late Lord Chancellor whether it was his intention to introduce a similar Bill for Ireland, the noble and learned Lord answered that it was; and he had therefore heard, with infinite astonishment, the noble and learned Lord now on the woolsack state that it was not his intention to introduce any such Bill for Ireland, because it would be attended with so much expense. He certainly thought that that was not a reason which should be alleged in a ease of this kind; for, objectionable as he deemed the law as now established in England, he considered it infinitely more objectionable that the law of the two countries, in a matter of such importance, should not be assimilated. He trusted that the noble and learned Lord would now announce that it was the intention of the Government to assimilate the laws of England and Ireland, or give a substantial reason why not.

THE LORD CHANCELLOR
said, it was perfectly true that he did, when the question was put by a noble and learned Friend (Lord Lyndhurst), say that the expense would be sufficient to justify the Government in not bringing forward such a measure; but the noble Earl would do him 2001 the justice to recollect that some time afterwards a similar question was put to him by a noble and learned Lord, and he answered that question by saying it was not intended to introduce such a measure; and he recollected the Lord Chief Justice expressing his regret that they had no such intention. Now, in the first place, he did not think it desirable until the Divorce Court had been more tried, and they had had more experience of its effects, to introduce a similar measure fur Ireland. He was not answerable for what the late Lord Chancellor might have promised. If his noble and learned Friend desired that it should be extended to Ireland he might bring in a Bill now; but certainly he did not envy any one the task who undertook to introduce a Bill on such a subject in reference to the sister country. Bo was not disposed to recommend the Government to embark in any such undertaking with the information they had at present. He believed there was no strong desire for it in that country; and, on the contrary, that there was some apprehension in some quarters that it would be extended to Ireland. At all events, he had no intention to introduce a Bill to extend the Divorce Courts to Ireland.

§ LORD CRANWORTH
said, it was perfectly true that the question was put to him when he was Lord Chancellor, and he replied—not that he should propose to extend the measure to Ireland, because he was perfectly aware that there were circumstances which might render a measure desirable for England which was not desirable for Ireland—but he told the noble Lord that he would bring in a Bill to assimilate the law of the two countries, so far as the social state of the two countries rendered it possible or desirable; and undoubtedly he should have fulfilled that pledge had he remained in office. But when he ceased to hold office, it appeared to him that the introduction of a Bill affecting the social state of the country was a matter that no man not connected with the Government ought to be called upon to undertake. It was necessary to obtain information, and a variety of details which it was impossible for any one not connected with the Government to get. Therefore, although it had been his intention, in concurrence with his colleagues, had he continued to held the Great Seal, to fulfil that promise, when he left office he thought himself absolved. Having said that, he could only say that if, in accordance with 2002 the suggestion of the noble Lord, they so altered the Bill as to enable persons in Ireland seeking divorce a vinculo to come to the Court in England, instead of resorting to Parliament, he saw no objection to it.

THE EARL OF DONOUGHMORE
deprecated extending the measure to Ireland, and said he hoped that, at all events, their Lordships would not agree to the proposition of the Chairman of Committees (Lord Redesdale).

LORD CAMPBELL
thought that a difference as to local peculiarities would prevent the same Bill being extended to both countries, although he was of opinion that in each country the same principle should apply. With regard to Ireland, it was monstrous to say that Irishmen should be obliged to come over the water to sue in a Court established in England. All Scotch subjects of Her Majesty had an easy mode of redress on this subject in the Court of Session; all the English subjects of Her Majesty also had an easy and inexpensive remedy of suing for divorceâ mensâ et thoro, and he thought that it was but right that a similar privilege should be extended to Her Majesty's subjects in Ireland.