§ 5.25 p.m.
§ LORD MESTON had given Notice that he would ask His Majesty's Government to consider amending the Matrimonial Causes Act, 1937, so as to provide that a marriage may be voidable where one of the parties to a marriage at all times refuses to allow the procreation of children by insisting on the use of methods of prevention. The noble Lord said: My Lords, in rising to ask the question standing in my name on the Order Paper, let me say at once that I am not suggesting creating any new ground for divorce; I am merely dealing with the question of nullity. The subject matter of this question is not covered by the Matrimonial Causes Act, 1937; in fact it is specifically outside the ambit of that Act. Before the noble and learned Viscount replies, I will make only this observation. If we enter into a discussion of what does and does not constitute consummation of marriage, we shall soon find ourselves in a state of chaos. I, therefore, suggest that we should try and avoid any such discussion, and create an entirely new statutory ground of nullity. That can be done only by amending the Act to which I have referred.
§ THE LORD CHANCELLOR (VISCOUNT JOWITT)My Lords, the Government do not consider that it would be right to add to the grounds for voiding a marriage, as suggested by the noble Lord, and have no intention of bringing in 200 legislation to amend the Matrimonial Causes Act, 1937, for that purpose.