HL Deb 29 July 1926 vol 65 cc393-5

Amendments reported (according to Order).

Clause 5 [Effect of Adoption Order]:

LORD DESBOROUGH moved, at the end of Clause 5, to insert a new subsection. The noble Lord said: My Lords, I regret that at this late stage I should have to move a still further Amendment to this Bill. In the Bill, which was introduced as a Private Member's Bill, no mention was made of the insurance of the children who were adopted. Since the Amendment was put down on the Paper an alteration has been made which I think will make it simpler. The new subsection will now read:— (5) For the purposes of the enactments relating to friendly societies, collecting societies, and industrial assurance companies, which enable such societies and companies to insure money to be paid for funeral expenses, and which restrict the persons to whom money may be paid on the death of a child under the age of ten, the adopter shall be deemed to be the parent of the child; and where before the adoption order was made any such insu-

Their Lordships divided:—Contents, 43; Not-Contents, 17.

Cave, V. (L. Chancellor.) Selborne, E. Daryngton, L.
Stanhope, E. de Mauley, L.
Balfour, E. (L. President.) Vane, E. (M. Londonderry.) Desborough, L.
Emmott, L.
Sutherland, D. Cecil of Chelwood, V. Ernle, L.
Haldane, V. Gage, L. (V. Gage.) [Teller.]
Cromer, E. (L. Chamberlain.) Hanworth, L.
Southwark, L. Bp. Howard of Glossop, L.
Airlie, E. Kilmarnock, L. (E. Erroll.)
Beauchamp, E. Askwith, L. Mildmay of Flete, L.
Eldon, E. Bledisloe, L. Monk Bretton, L.
Grey, E. Clanwilliam, L. (E. Clanwilliam.) O'Hagan, L.
Halsbury, E. Ritchie of Dundee, L.
Howe, E. Clwyd, L. Sandhurst, L.
Lucan, E. [Teller.] Cottesloe, L. Shandon, L.
Morton, E. Crawshaw, L. Stanmore, L.
Onslow, E. Darling, L. Wigan, L. (E. Crawford.)
Ancaster, E. Churchill, V. Fairfax of Cameron, L.
De La Warr, E. Hylton, L. [Teller.]
Doncaster, E. (D. Buccleuch and Queensberry.) Arnold, L. Joicey, L.
Banbury of Southam, L. [Teller.] Lawrence, L.
Lindsey, E.
Carson, L. Redesdale, L.
Bertie of Thame, V. Dunmore, L. (E. Dunmore.) Wharton, L.

rance had been effected by the natural parent of the child, the rights and liabilities under the policy shall by virtue of the adoption order be transferred to the adopter and the adopter shall, for the purposes of the said enactments, be treated as the person who took out the policy."

This will provide that in cases where children bad been insured before adoption the adopter shall take over the liabilities under the insurance and become responsible for them. The new subsection, as it is now worded, will make the transfer automatic. The insurance companies would very much prefer that all the liabilities under the insurance should be transferred automatically. I beg to move.

Amendment moved— Clause 5, page 4, line 39, at end insert the said new subsection.—(Lord Desborough.)


My Lords, as this point has been raised I should like to ask if my noble friend is quite sure that there will be no temptation put in the way of the adopter to avail himself of the provisions of this Amendment to secure for himself the insurance money on the child. If the noble Lord will be good enough to think the matter over before Third Reading and assure himself on the point I shall be satisfied.


My Lords, I have only one word to say about this Amendment. The noble Lord knows that I take a great interest in this Bill. I think this really is a casus omissus, and I believe that the words that he proposes to put in improve his Amendment. My only regret is that the number of Amendments that have been made is rather large, and I feel some little alarm as to what the fate of the Bill may be in the House of Commons if there is an opportunity for much debate upon these Amendments. I hardly like to go to the length of asking the noble Lord to withdraw his Amendment, but I cannot help grumbling a little over the situation that seems to be arising.


My Lords, as I say, this Bill was introduced in another place as a Private Member's Bill and was taken up here by the Government, who found it necessary to move certain Amendments, including this Amendment. I can assure the noble and learned Lord, who takes a great interest in this Bill, that, sooner than imperil it if there were difficulty in another place, we should certainly take measures to avoid trouble.


I am very glad to hear that.

On Question, Amendment agreed to.