HL Deb 01 May 1929 vol 74 cc331-4

Amendments reported (according to Order).

Clause 1:

Avoidance of marriages where either party is under sixteen.

1.—(1) A marriage between persons either of whom is under the age of sixteen shall be void:

Provided that it shall be a sufficient defence to any charge under section 5 (1) of the Criminal Law Amendment Act, 1885, or for an indecent assault, if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had before the commission of the alleged offence, gone through a form of marriage with the girl and had at that time and at the time of the alleged offence, reasonable cause to believe that the girl was above the age of sixteen years.

(2) Nothing in this Act shall affect any marriage solemnized or contracted before the passing of this Act, and any such marriage shall be or become valid in any case where if this Act had not been passed it would be or become valid.

THE MARQUESS OF SALISBURY moved, in subsection (1), after "provided that," to insert: "in any proceedings against a person charged under subsection (1) of section five of the Criminal Law Amendment Act, 1885, or charged with indecent assault, it shall be a sufficient defence to prove that at the time when the offence is alleged to have been committed he had reasonable cause to believe that the girl in respect of whom it is alleged to have been committed was his wife."

The noble Marquess said: My Lords, this Amendment is merely to carry out an object that was explained by the noble and learned Lord in charge of the Bill last night. He was good enough to say that he assented to the course which the Government proposed that the Amendments made by the Select Committee should be inserted in the Bill and that it should then be the duty of the Government to redraft them in the form which, in our judgment, they ought to assume. This Amendment deals with the case where the man has reasonable cause at the time of his connection with the girl to believe that she is over sixteen. This was fully explained to your Lordships yesterday. I beg to move.

Amendment moved— Page 1, line 8, leave out from ("that") to the end of line 17, and insert the said new words.—(The Marquess of Salisbury.)

LORD BUCKMASTER

My Lords, the noble Marquess is quite right. This Amendment expresses in more precise and exact language the Amendment recommended by the Select Committee. I should not have risen except to call the attention of the noble Marquess to the fact that he made a slight slip in speaking of a person who had had connection with a girl. He should have referred to a person who had married a girl supposing her to be over sixteen.

THE MARQUESS OF SALISBURY

That is so. I made a mistake. I beg the noble and learned Lord's pardon.

On Question, Amendment agreed to.

THE MARQUESS OF SALISBURY moved to add to the clause "or (b) in Scotland any right or capacity of legitimation per subsequens matrimonium." The noble Marquess said: My Lords, the next Amendment was not referred to last night. It has to do with a difficulty which surrounds the law of Scotland in this matter. Your Lordships will remember that, in order to meet considerable feeling which existed in this House, emphasis was laid upon the fact that a child born of a marriage which will be void under this Bill would be primâ facie illegitimate, but that subsequent marriage, under the Act passed two years ago, would make it legitimate. That would be the case so far as the English law is concerned but, as the law stands, it would not be so in Scotland. In that country a child is made legitimate by subsequent marriage only where the parties were free to make the marriage at the time when the child was born. The intention in the Scottish law, of course, is to cover the case of one of the parties being already married. In that case subsequent legitimation is not possible under the law of Scotland. The accident of that form of the law reacts upon this Bill because, these persons being under age, they are not free to marry, and therefore even subsequent marriage would not, under the law of Scotland, make the child legitimate unless we make some change. This very small Amendment is designed solely to that end, so that in the particular case where a marriage takes place which is void under this Act and where a child is born from the marriage and is primâ facie illegitimate, the subsequent marriage of the parties when they can marry will make the child legitimate.

Amendment moved— Page 1, line 22, at end insert ("or (b) in Scotland any right or capacity of legitimation per subsequens matrimonium").—(The Marquess of Salisbury.)

LORD BUCKMASTER

My Lords, the noble Marquess has explained very clearly and quite adequately the reason for this Amendment. It is due to a trivial difference in the law of legitimation here and in Scotland. This Amendment removes any difficulty at all. I hope your Lordships will accept it.

On Question, Amendment agreed to.

Clause 2:

Application of section 3 of the Bastardy Laws Amendment Act, 1872.

2. Where the parties to a marriage which is void under this Act have lived together and afterwards separated, the female party may, at any time within twelve months after their separation, apply in respect of any child born of their intercourse for a summons under section three of the Bastardy Laws Amendment Act, 1872, without proof that the male party has paid money for its maintenance.

THE MARQUESS OF SALISBURY moved to omit Clause 2 and insert:—

" 2. A single woman who has been delivered of a child may, upon proof that before the birth she was a party to what but for the passing of this Act would have been a valid marriage and that the other party thereto had access to her within twelve months before the birth of the child, make at any time an application under section three of the Bastardy Laws Amendment Act, 1872, for a summons to be served on that party, notwithstanding that he may not within the twelve months next after the birth of the child have paid money for its maintenance."

The noble Marquess said: This is merely to redraft the Amendment inserted last night with reference to bastardy.

Amendment moved— Clause 2, page 1, line 23, leave out Clause 2 and insert the said new clause.—(The Marquess of Salisbury.)

On Question, Amendment agreed to.

Then, Standing Order No. XXXIX having been suspended, Bill read 3a, with the Amendments, and passed, and sent to the Commons.