§ 2.35 p.m.
§ [The Question was as follows:
§ To ask His Majesty's Government whether, in view of the small number of cases where the services of a court welfare officer is used by Divorce Judges to investigate the affairs of the children involved, they will consider whether they can go further and require that in all such cases an investigation shall be made.]
§ THE LORD CHANCELLOR (VIS-COUNT JOWITT)My Lords, I do not think it would be either useful or practicable to require that an investigation should be made in all cases. In many cases where there is a dispute about custody or access, the Judge is able to decide what is the best solution in the interests of the children without calling on the court welfare officer, and no purpose would be served by making an inquiry compulsory in such cases. I need hardly remind the noble Lord that the Judges of the Divorce Division, in dealing with questions of custody and access, treat the welfare of the children as the paramount consideration. Perhaps, however, I should add that the Judges are fully aware of the desirability that the Judge who has seen the parties and dealt with controversial issues at the trial should deal also with questions relating to the children of the marriage.
VISCOUNT ST. DAVIDSMy Lords, I thank the noble and learned Viscount for his answer, but will he bear in mind that there are a number of noble Lords who would like to take this matter further, along the lines recommended by the Denning Committee? Will the noble and learned Viscount consider what further action he can take in the direction the 850 Committee recommended? Possibly we may have a debate on the subject after the Christmas Recess.
§ THE LORD CHANCELLORMy Lords, I should welcome a debate on this subject. It is obviously a matter of importance and public interest. If time can be found for a debate, I shall raise no objection to it.