§ [Nos. 13–16.]
§ Clause 30, page 16, line 39, leave out "him" and insert "that person or the wife or husband of that person"
§ Clause 30, line 40, leave out "him" and insert "that person"
§ Clause 30, page 17, leave out lines 1 to 3 and insert "in asnwering a question put or complying with an order made as aforesaid shall in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person"
§ Schedule 2, page 25, line 15, column 2, leave out from "words" to ""an" in line 17 and insert "following" against that person "there shall be substituted the words" or (unless they married after the making of the statement or admission) against the wife or husband of that person in any proceeding in respect of"
§ LORD STONHAM
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 13, 14, 15 and 16. Amendments Nos. 13 to 15 amend subsection (1) of Clause 30 which makes provision about the effect of the Bill on civil proceedings and rights, to bring the Bill into line with the Civil Evidence Bill, now in its final stages. Amendment No. 16 alters the Amendment made to Section 166 of the Bankruptcy Act 1914 by Schedule 2 to the Bill, so as to take account of the Civil Evidence Bill. The effect of Amendments Nos. 13 and 14 is to extend the restriction already in the subsection on the privilege against self-incrimination in civil proceedings to the privilege against incriminating a spouse. Whether a witness has a privilege at present of refusing to answer a question on the grounds that this would incriminate his spouse is uncertain, but subsection (1)(b) of Clause 14 of the Civil Evidence Bill gives this privilege. Correspondingly, Amendment No. 15 makes an answer given in civil proceedings to which the subsection relates inadmissible in criminal proceedings under the Bill against the spouse of the person giving the answer as well in such proceedings against that person himself.
Amendment No. 16 similarly extends the inadmissibility of the statement or admission made by a person in any compulsory examination or deposition before a court in bankruptcy proceedings, to proceedings under the Bill against the spouse of the person making it. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Stonham.)
§ On Question, Motion agreed to.