§ Order of the Day for the Third Reading read.
LORD ALNESSMy Lords, I beg to move that the Divorce (Scotland) Bill be read a third time.
§ Moved, That the Bill be now read 3a.—(Lord Alness.)
LORD KINNAIRDMy Lords, this is a very important measure, affecting as it must do deeply the spiritual life of the whole of Scotland. Although it has not been introduced by the Government, the fact that it was introduced in your Lordships' House by that most distinguished Scottish Judge, my noble and learned friend Lord Alness, means that it will of course carry very great weight. This Bill has passed through all its stages in your Lordships' House with very little criticism or comment. As my noble friend Lord Strathcona said, the debate should afford an indication of the general feeling of your Lordships' House on the subject of divorce law reform and great importance must be attached to any such indication. I much regret that I was not able to be in my place at the time of the Second Reading debate, but I think it should be said that silence with regard to this measure should not necessarily be taken to mean consent to all that it contains.
Considering the great importance of this Bill it is very striking, I think, to note how very little criticism there has been either inside your Lordships' House or outside; but I think it ought to be stated quite plainly that we cannot take it for granted that there is general consent to it. I think your Lordships will agree with me that on a matter which so deeply affects the spiritual life of Scotland we should be very glad to know what is the mind of the Church of Scotland in regard to it, but, so far as I am aware, the Church of Scotland has not been officially consulted. The Church of Scotland has not the advantage which the Church of England has of being directly represented in your Lordships' House. If he will allow me to say so the fact that the most reverend Primate, the Archbishop of Canterbury is in your Lordships' House gives the Church of England a great advantage and one hopes that this unfortunate disadvantage of the 671 Church of Scotland may be set right one day. What I wish to emphasise is that, although there has been little comment, it should not be taken that this measure in all respects has that universal consent which silence might seem to imply.
LORD ALNESSMy Lords, perhaps I may be permitted, by leave of the House, to say just a word or two with regard to the observations made by my noble friend Lord Kinnaird. If he will allow me to say so, any views expressed either here or elsewhere by one holding, as he does, the responsible office of His Majesty's Commissioner of the Church of Scotland are bound to carry weight. I desire to thank him for his courtesy in informing me a few minutes ago that he proposed to make some observations on this Bill, and for telling me also the lines upon which they would proceed. In answer to what the noble Lord said, will your Lordships permit me to say that I allowed a very considerable period to elapse between the Second Reading stage of this Bill and the Committee stage, and again between the Committee stage and Third Reading, in order that opinion in all parts of Scotland, not only ecclesiastical but otherwise, might find full expression.
If I might make a personal allusion, I would say that as a son of the manse I am not likely to underrate or undervalue the views of the Church of Scotland, or indeed of any other Church, on this or any other matter. I must say that I was rather surprised to find that there has been, so far as I know, no expression of view by the Church of Scotland, either in Commission or Presbytery or speech or sermon, or by letter to the Press or in any other way, regarding this measure. I should welcome their view and I hope that it may now, after what the noble Lord has said, be fully expressed. I would add that so far as I know this Bill, if it has not unanimous support, has large public support in Scotland, which has been evidenced in leading articles in the principal Scottish newspapers and in the correspondence columns; and it is also supported in the main by legal societies in Scotland. At any rate a very full opportunity has been given to express any view, hostile, critical or friendly, to the measure, and so far as I know there has been no criticism of it from any ecclesiastical quarter in Scotland. The only other thing 672 I would like to add, if I may, is an expression of my gratitude to your Lordships' House for the generous reception which the Bill has received.
THE LORD ARCHBISHOP OF CANTERBURYMy Lords, may I add a sentence to what has been said? I have felt myself precluded by the jealousy with which Scotland and the Church of Scotland rightly maintain their independence from expressing any opinion on the merits of this Bill. I thought it would be intrusive on the part of an English Prelate to express any opinion on the merits of the Bill.
§ On Question, Bill read 3a, and passed, and sent to the Commons.