§ BARONESS BROOKE OF YSTRADFELLTEMy 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 by what means an English wife who has lived with her husband in Scotland or Northern Ireland all their married life together, and on being deserted by him has had to return to her former home in England, can take proceedings against him for maintenance, if she cannot afford to go to Scotland or Northern Ireland to proceed against him there.]
§ THE MINISTER OF STATE, HOME OFFICE (LORD WINDLESHAM)My Lords, I am advised that legal aid would be available for such proceedings in Scotland or Northern Ireland.
§ BARONESS BROOKE OF YSTRADFELLTEMy Lords, I thank my noble friend for that answer. Is he aware that a wife living in England who has to take proceedings in Scotland may not be able to afford the cost of travelling or accommodation? Are those covered by legal aid?
§ LORD WINDLESHAMMy Lords, where a legal aid certificate is granted it can cover reasonable travelling and subsistence expenses.
§ BARONESS SUMMERSKILLMy Lords, as this question is concerned with the important matter of domicile, can the noble Lord tell me whether the Government are considering introducing legislation which will remove this discrimination against women?
§ LORD WINDLESHAMMy Lords, I do not think there is a case here of 956 discrimination against women. Assuming the matrimonial home had been in Scotland, and the marriage broke up and the woman remained there but the man came to England, the proceedings would take place in Scotland. Then the man would have to travel up from England to contest the proceedings, and the expense would be on him. So I think it cuts both ways.
§ BARONESS SUMMERSKILLMy Lords, is it a fact, then, that there is no question of there being any discrimination between the domicile of married partners?
§ LORD WINDLESHAMMy Lords, I should not wish to get drawn too deeply into this subject, because my preparation for the Question on the Order Paper has let me to the conclusion that this is a complicated legal subject.
§ THE LORD CHANCELLOR (LORD HAILSHAM OF ST. MARYLEBONE)My Lords, I do not know whether my noble friend would be good enough to explain to the noble Baroness that a Private Member's Bill is being introduced.