HL Deb 07 April 1965 vol 265 cc72-4

2.47 p.m.

BARONESS SUMMERSKILL

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether a statement can be made on the present condition of Mrs. Lily Ince who has been in prison for six months for failing to give her husband a share of the house-keepings savings which she contends are monies given to her over the years by her children for their keep.]

THE LORD CHANCELLOR (LORD GARDINER)

My Lords, Mrs. Ince suffers from diabetes, but her general health is good and has been in no way harmed by her imprisonment. She receives treatment for her diabetes in the prison hospital where she will remain until her release from custody.

BARONESS SUMMERSKILL

My Lords, while thanking the noble and learned Lord for that Answer, may I ask him to appreciate that my special interest in this case stems from the Married Women's Property Act, which I had the pleasure and privilege of promoting in this House and which reached the Statute Book only last October? Is the noble and learned Lord aware that there is no relevant Case Law and, therefore, Mrs. Ince's plea was novel, in so far that she has said that, while she was prepared to give her husband some part of the £3,000 involved, which she maintains is related to his share of the savings, the rest of it, she says, came from the savings which she made from the money given to her by her children? In view of the fact that this woman was not represented at the county court on two occasions, may I ask the noble and learned Lord whether he will ask the Official Solicitor if he will facilitate an appeal in this case without this woman completely purging her offence?

THE LORD CHANCELLOR

My Lords, I well understand the noble Baroness's interest in the case. The Official Solicitor, I am told, has on two occasions offered to help Mrs. Ince in any way that he can, but she has decline a to receive his assistance. She has also been advised by the legal adviser to the Married Women's Association, who have been supplied with the papers in the case. As I understand it, certain further proceedings are coming before the court, at the instance of her husband, next week, and no doubt she will be asked to be present. I cannot, of course, anticipate what order the court may then make.

BARONESS SUMMERSKILL

My Lords, will the noble and learned Lord forgive me if I ask one further question? The husband, I know, has been to see her once or twice, and she has offered him an amount which she thinks is equivalent to what he should have; and I think the visit next week may be concerned with trying to arrange an exchange of savings certificates. May I ask the noble and learned Lord the Lord Chancellor to remember that this woman is 59, of an unblemished character, the mother of five children, and has remained in prison for six months simply because she feels that in this matter she does know best. May I ask for the Lord Chancellor's help?

THE LORD CHANCELLOR

The Official Solicitor is always anxious; on my instructions, to help anyone who is in prison for contempt; but it is the husband who is applying to the court next week, I believe for some order against the Post Office to pay the money to him, and that may ultimately result in her release.