HL Deb 26 June 1946 vol 141 cc1151-2

2.37 p.m.

THE MARQUESS OF READING

My Lords, I beg to ask the question of which I have given private notice. The question was as follows: To ask His Majesty's Government whether, in addition to the special problem of the Service cases, they have given consideration to the question of the administration of the divorce law as a whole, having regard to the unprecedented number of petitions now being filed.

THE LORD CHANCELLOR (LORD JOWITT)

My Lords, we have had this matter under consideration, and His Majesty's Government are now satisfied that there is need for an inquiry into the administration of the divorce law. I have therefore appointed a Committee, the membership of which is as follows:

  • The Honourable Mr. Justice Denning (Chairman).
  • Major-General Viscount Bridgeman, C.B., D.S.O., M.C.
  • Lord Rusholme.
  • His Honour Judge Collingwood.
  • Dr. Grace Calver.
  • 1152
  • Mrs. Cressall.
  • Mr. Eric Davies.
  • Mr. Terence Donovan, K.C., M.P.
  • Mr. John Foster, M.P.
  • Sir Edwin Herbert.
  • Mrs. Ethel Lloyd Lane.
  • Mrs. Jessie Smith.
The Secretary will be Mr. W. T. C. Skyrme of my own office.

Your Lordships will note, and I should like to emphasize the point, that the scope of the inquiry will not extend to the substantive law; and the grounds on which decrees of divorce or nullity of marriage may be granted will be outside the inquiry. The Committee's terms of reference are as follows: To examine the present system governing the administration of the law of divorce and nullity of marriage in England and Wales; and, on the assumption that the grounds upon which marriages may now be dissolved remain unchanged, to consider and report upon what procedural reforms ought to be introduced in the general interest of litigants, with special reference to expediting the hearing of suits and reducing costs and to the courts in which such suits ought to proceed; and in particular whether any (and if so, what) machinery should be made available for the purpose of attempting a reconciliation between the parties, either before or after proceedings have been commenced.

THE MARQUESS OF READING

In view of the inevitable delay that must result, I accept that statement with rather heavily diluted enthusiasm, and I should like to ask the noble and learned Lord whether, in face of the great urgency of this problem, he has set, or is prepared to set, any time limit within which this Committee's report should be in his hands.

THE LORD CHANCELLOR

No, my Lords. I do not propose to set any time limit, because it is impossible for me to express an opinion in advance as to what people or what bodies of persons will have to give evidence. On the other hand, I have impressed upon the Chairman of this Committee the extreme urgency of this matter. My experience rather leads me to think that frequently, if matters are not fought out in Committee, they are fought out with even greater vigour, and consequently greater delay, afterwards. Therefore, whilst not wishing to hamper the Committee in the matter of time, I do earnestly hope that it will not be many months before I am able to have some report on what is undoubtedly, as the noble Marquess has said, a very urgent matter.