HL Deb 19 July 1887 vol 317 cc1327-8

Order of the Day for the Second Reading, read.

THE EARL OF MILLTOWN

, in moving that the Bill be now read a second time, said, the object of the Bill was to extend the provisions of the Legitimacy Declaration Act to natural-born subjects who might not be domiciled in England or Ireland, and who were unable to obtain a declaration of their legitimacy or of the validity of their marriages in the country of their domicile. The Bill had the support of Sir James Hannen, the President of the Divorce Court, and others.

Moved, "That the Bill be now read 2a." —(The Earl of Milltown.)

THE EARL OF SELBORNE

said, he regretted that a Bill of so much importance should be introduced at a time when it could not receive all the consideration the subject deserved. The measure, if passed in its actual form, would only tend to add to the confusion which arose from the conflict of law on questions of marriage and legitimacy. He objected altogether to the English Courts assuming a jurisdiction in regard to people whose status was a proper subject for consideration by the Courts of other countries, to which their allegiance was due, and in which they were domiciled. The Bill was not limited to cases in which the domicile was British at the time of the marriage; it embraced foreigners and foreign marriages, without any regard to their domicile at any time.

LORD FITZGERALD

said, he thought the principle of the Bill was correct, and it ought to be read a second time. The noble Earl (the Earl of Milltown) had pointed out a real grievance in the existing law which ought to be remedied; but the Bill would require careful examination in Committee.

THE EARL OF SELBORNE

said, he was willing to withdraw his objection to the second reading, on the understanding that the Bill would receive, as it certainly required, much amendment in Committee.

LORD WATSON

said, he should not be disposed to object to the principle of the Bill. He would, however, point out that one of the parts of Her Majesty's dominions which would be affected by this Bill was the realm of of Scotland, and that the effect of the Bill might be to introduce difficulties respecting the judgments of their Law Courts, which ought not to exist. He had no doubt, however, that in Committee they would be able to deal with that question.

THE EARL OF MILLTOWN

said, that the Bill did not apply to Scotland.

THE MARQUESS OF BATH

said, he was doubtful whether it would be wise to read the Bill a second time. According to the statement of the noble Earl who was in charge of it, it did not extend to Scotland, nor to India and the Colonies—he did not know whether Ireland was included—and it seemed as if it was only intended to apply to Constantinople and France.

Motion agreed to; Bill read 2a accordingly.