§ *LORD JAMES OF HEREFORDMy Lords, I rise to ask the Secretary of State for Foreign Affairs whether he will place on the Table of the House any communications that have passed between the Governor-General of the Commonwealth of Australia and His Majesty's Government on the subject of marriages in Australia with a deceased wife's sister; and whether it is the intention of the Government to take any steps to effect any alteration in the law affecting that subject.
My object in putting this Question to the noble Marquess is to call the attention of His Majesty's Government to the importance of the matter to which the Question refers. A Bill legalising in this country marriages which have taken place 525 in the self-governing Colonies with a deceased wife's sister has lately been before your Lordships' House on two occasions. It was introduced for the purpose of remedying what is undoubtedly a great anomaly in our law. I will not enter into the merits of that Bill; but its object was to secure that the children of these marriages, effected by virtue of colonial laws sanctioned by this country, should not be illegitimate in this country in respect to the holding of freehold property. In 1898 a Bill with this object was carried through your Lordships' House by a majority of nearly three to one, and on the second occasion when it was introduced it was carried by a large majority. So far, the opinion of this House is strongly in favour of this measure. It was stated in 1898 that sixteen of the self-governing Colonies had passed this law, and now I understand the remaining self-governing Colony has accepted it. In 1896 every Agent of every Colony was instructed by his Government to appeal collectively to the Imperial Government to urge that this anomaly should be removed. Again, when the Prime Ministers came over in 1897 they appealed collectively to the Colonial Office to redress this great wrong.
I am not aware whether there is any Parliamentary Paper on the subject, but I understand that Lord Northcote, on behalf of the Australian Commonwealth, has addressed a serious remonstrance to the Government, pointing out the strong feeling in the Colonies on the subject/and I am also aware that the Colonial Secretary has seat a sympathetic reply to that letter. I have every reason to know that the noble Marquess the Leader of this House is in favour of passing a Bill which should remedy the anomaly to which I have referred, and in 1898 he voted in favour of the measure introduced for that purpose. I do not doubt but that His Majesty's Government, as a whole, wish to remedy this defect, but the question is, When is it to be done? This is surely not the time when we should thwart a strong desire on the part of the Colonies. A refusal to remedy, even a delay in remedying, this injustice may do a great -deal of evil. I appeal to politicians of 526 every class that it would be a wise and statesmanlike thing to pass a Bill which would remedy this grievance by providing that marriages between persons of British race which are valid according to the laws of that part of the Empire in which they were celebrated should be considered equally valid in the United Kingdom.
§ *THE MARQUESS OF LANSDOWNEMy Lords, Lord Northcote's letter, to which my noble and learned friend refers, as well as the reply of the Colonial Secretary thereto, were presented to Parliament in the month of April of this year. The document is, therefore, within the reach of my noble and learned friend.
§ *LORD JAMES OF HEREFORDYes, but is there no other communication besides these two?
§ *THE MARQUESS OF LANSDOWNEI am not aware of any. The despatch from the Governor-General contained in this Parliamentary Paper is undoubtedly the letter which my noble and learned friend had in his mind.
§ LORD JAMES OF HEREFORDThere has been nothing since Mr. Lyttelton's reply.
§ *THE MARQUESS OF LANSDOWNEI have not heard o[anything. My noble and learned friend asks whether it is the intention of His Majesty's Government to take any steps to effect an alteration in the law on this subject. It must be obvious to your Lordships that it would be impossible for us at this stage of the session to attempt legislation upon so controversial a subject; and I am afraid I cannot take upon myself to inform the House as to the manner in which the question is likely to be dealt with in any future session of Parliament. The noble and learned Lord reminds me that I voted in favour of the Bill. That is perfectly true, and, personally, I have not altered the opinion which I then entertained; but when the noble and earned Lord goes on to suggest that His Majesty's Government as a whole are Probably in sympathy with the proposal, I must remind him that His Majesty's Government as a whole have never 527 committed themselves in any way with regard to this question; and I think it is an open secret that within our ranks there is a very considerable divergence of opinion on the question. I am afraid that in these circumstances I cannot enlighten my noble and learned friend as to the prospect of legislation.
§ LORD JAMES OF HEREFORDI can quite understand that late in the session it would be very difficult to pass a Bill dealing with this subject. But may I remind the noble Marquess that these Papers were laid on the Table in April, and that a letter was sent on December 30th last year informing the Australian Ministers that their suggestion should receive the most careful consideration of His Majesty's Government. Nothing, apparently, has since been done.
§ THE EARL OF RANFURLYMy Lords, I should like to point out that the law legalising the marriages in question has already received His Majesty's sanction as regards the Colonies. In these circumstances I think the question of the rights of the children of such marriages should receive immediate consideration. I may inform your Lordships that the present anomaly is seriously regarded in the Colonies, and the earliest opportunity should be taken to remove the existing conflict between British and colonial law in this respect.