HL Deb 29 April 1947 vol 147 cc224-5

7.45 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Henderson.)

On Question, Motion agreed to.

House in Committee accordingly:

(The VISCOUNT MERSEY in the Chair.)

Clause 1:

Validation of past marriages solemnized by chaplains and other officers of H.M. Forces serving abroad. 55 [...] 56 Vict. c. 23.

1.—(1) Subject as hereinafter provided, Section twenty-two of the Foreign Marriage Act, 1892 (which validates mariages solemnized within the British lines by chaplains, officers and other persons officiating under the orders of the commanding officer of a British army serving abroad) shall, as respects marriages solemnized before the passing of this Act, be deemed always to have had effect as if—

(2) Where a marriage purporting to have been solemnized under the said Section twenty-two would, but for this Section, have been invalid, and either of the parties thereto has subsequently during the life of the other party, but before the passing of this Act, lawfully married any other person, this Section shall not render the first marriage valid or affect the validity of the subsequent marriage.

LORD HENDERSON moved in subsection 1, to leave out "passing" and insert "commencement." The noble Lord said: This Amendment is designed to meet a point raised by the noble and learned Viscount, Lord Maugham, on the Second Reading of the Bill. He pointed out that it was essential that various Orders in Council to be made under the Bill, and in particular under the proviso of subsection (1) of the new Section 22 of the Foreign Marriage Act, 1892, should come into force simultaneously with the Bill itself. This is perfectly true, and although the point would be substantially met by having the Orders in Council ready to be made as soon as the Bill had passed, it seems better, on the whole, to postpone the operation of the Bill for a short while so that the Orders can actually be made in advance, thus obviating any danger of a serious hiatus. This, of course, is a common procedure where a Bill cannot come into effective operation without the making of Orders, Regulations, or other subordinate instruments. The Departments concerned are very anxious to avoid delay, and the Committee can be assured that the Bill will be brought into force as soon as possible. I beg to move.

Amendment moved. Page 1, line 10, leave out ("passing") and insert ("commencement").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON moved in subsection (2) to leave out "passing of this Act" and insert "twenty-fourth day of April, nineteen hundred and forty seven". The noble Lord said: This Amendment arises out of a point raised by the noble and learned Viscount, Lord Simon, on Second Reading. Your Lordships will be aware of the reasons which he advanced in favour of this Amendment, and at the time I indicated that in principle the Government would be prepared to accept it. The justification for the insertion in Clause 1 (2) of a date earlier than the passing of the Bill is that all persons concerned receive due notice that as from the date the Bill will have retrospective effect and invalidate second marriages contracted after that date. I beg to move.

Amendment moved— Page 1, line 21, leave out ("passing of this Act") and insert ("twenty-fourth day of April, nineteen hundred and forty-seven").—(Lord Henderson.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clauses 2 to 6 agreed to.

Clause 7:

Short title and citation.

7. This Act may be cited as the Foreign Marriage Act, 1947 and the Foreign Marriage Acts, 1892 and 1934, and this Act may be cited together as the Foreign Marriage Acts, 1892 to 1947.

LORD HENDERSON

This Amendment is consequential on the first Amendment, which has been accepted. I beg to move.

Amendment moved— Page 4, line 47 at end insert: ("(2) This Act Shall come into operation on such date as His Majesty may by Order in Council appoint").—(Lord Henderson.)

On Question, Amendment agreed to.

Remaining clause, as amended, agreed to.

House resumed.