§ Order of the Day for the Second Reading read.
§ LORD DESBOROUGHMy Lords, this Bill is to give sanction to certain action which has been taken by the Secretary of State with regard to three matters that are set out in the Bill. The first two deal with a question which has often come before your Lordships' House—that is, the case of churches which have been built to take the place of parish churches but which, although duly consecrated, have not been licensed as parish churches for the purpose of celebrating marriages. The first case dealt with by the Bill is one of some importance as it affects no fewer than 282 marriages. It is one of the cases in which there has been an oversight in not securing the licensing of the church and a great many marriages have taken place there. The church has been subsequently licensed for marriages to take place as in a parish church, and under powers given to the Secretary of State under the Marriages Validity (Provisional Orders) Act the Secretary of State has issued certain Provisional 182 Orders which have to be confirmed by both Houses of Parliament before they become valid. I do not know that I need say anything more about these cases except to mention that the Bill has passed through all its stages in another place without opposition.
The third matter is rather different. It relates to a marriage which took place in a hospital. The circumstances were these: A certain workman had been engaged for three months and during the course of those three months he met with a very serious accident and was sent to hospital. The hospital authorities said it would certainly expedite his recovery, or perhaps make it possible, if his mind could be set at rest by a marriage ceremony being performed in the hospital. The lady wrote to the surrogate and a licence was duly obtained from the Bishop for the performance of the marriage, but there seems to have been a misunderstanding and it was not made quite clear that the marriage was not to be performed in a duly licensed building but in a hospital. However, a licence having been obtained from the Bishop the rector performed the ceremony. The man unfortunately died the next day.
The lady naturally thought she had been duly married, but the newspapers drew attention to the fact that the marriage was not valid. She has suffered a good deal of distress of mind and a good deal of annoyance in consequence. She has naturally called herself by the name to which she thought that she had a right. The Secretary of State has consulted the authorities, both ecclesiastical and civil, on the matter and no objection has been raised to his making an exception in this case and exercising the powers which he has under the Marriages Validity Act, and giving sanction accordingly. Notices have been duly posted and no objections have been received from any of the authorities, civil or ecclesiastical. The Secretary of State has taken this course, and it is hoped that your Lordships will give a Second Reading to the Bill, which, as I have said, has already passed all its stages in another place. I beg to move.
§ Moved, That the Bill be now read 2a.—(Lord Desborough.)
§ LORD PARMOORMy Lords, of course we raise no objection to this Bill. As 183 the noble Lord pointed out, there have been two instances, in one of which a church has not been licensed for marriages though licensed in other ways, while the other case was what he called a case of common form. In the third instance, I entirely agree with the action taken. Perhaps one's knowledge of these matters ought to be furbished up a little before one speaks on them, but, as I understand him, if an Archbishop's licence had been obtained there would have been no difficulty. That is really the only difference. It was thought that a Bishop's licence would do, but it was not sufficient in a case of that kind. I am glad to think that the trouble of this lady will be put an end to, and I consider that the action taken is very proper.
§ On Question, Bill read 2a.