HL Deb 21 June 1973 vol 343 cc1542-4

7.7 p.m.

LORD SIMON OF GLAISDALE

My Lords, I beg to move that this Report be now received.

Moved, That the Report be now received.—(Lord Simon of Glaisdale.)

LORD SIMON OF GLAISDALE moved Amendment No. 1: Page 13, line 13, leave out ("in a country outside") and insert ("elsewhere than in").

The noble and learned Lord said: My Lords, may I mention Amendment No. 3 at the same time, because it is purely consequential on Amendment No. 1? Amendment No. 1 is designed to close a small loophole in the Bill. As your Lordships know, Clause 16 is designed to prevent divorces from taking place in this country or places connected closely with this country in such circumstances that the safeguards of the judicially pronounced divorce in this country are obviated. It applies to all non-judicial divorces, but what it has principally in view as needing protection is the wife of an Islamic marriage, who could be repudiated by unilateral repudiation, notwithstanding that she has been entirely blameless in her matrimonial conduct. Your Lordships in Committee added subsection (2) to this clause in order to prevent an easy mode of evasion. Subsection (2) was designed to prevent persons permanently resident in this country from being able to take, say, a day trip to Calais or a train from Belfast to Dublin and there pronounce divorce by unilateral repudiation. Subsection (2) deals with that matter so far as our international obligations permit.

Since the Committee stage my attention has been drawn to the fact that some of these non-judicial divorces, particularly the Talak, are so quickly pronounced that they could be pronounced on board ship or on an aircraft, and that would not be covered by subsection (2) as it stands at the moment, because that refers in line 13 to a divorce which has been obtained in a country outside the United Kingdom. The Amendment that I now move is designed to meet the objection that the divorce might be pronounced on the way to a country outside the United Kingdom, and to substitute, therefore, the words "elsewhere than in" the United Kingdom. Amendment No. 3 deals with lines 24 and 25 and moves their omission. They are no longer necessary if the words "in a country outside" are removed from the Bill by Amendment No. 1, because that is the only place in the subsection where "country" is mentioned. My Lords, I beg to move.

THE LORD CHANCELLOR (LORD HAILSHAM OF SAINT MARYLEBONE)

My Lords, I advise the House to accept this Amendment, which I regard as a drafting Amendment and improving the Bill.

LORD SIMON OF GLAISDALE moved Amendment No. 2: Page 13, line 21, leave out ("during") and insert ("thoughout").

The noble and learned Lord said: My Lords, I beg to move Amendment No. 2, standing in my name. This is truly a drafting Amendment. It is in line 19 and it is to substitute the word "throughout" for the word "during" so that it would read: throughout the period of one year immediately preceding the institution of the proceeding … Where elsewhere in the Bill the draftsman has referred to residence for a period of one year he uses the word "throughout", and to substitute the word "during" would suggest to the courts that something other than "throughout" is intended. That is not so, and I therefore beg to move this Amendment.

THE LORD CHANCELLOR

My Lords, again I advise the House to accept this Amendment as a drafting Amendment.

LORD SIMON OF GLAISDALE: My Lords, I beg to move Amendment No. 3.

Amendment moved— Page 13, leave out lines 24 and 25.—(Lord Simon of Glaisdale.)

THE LORD CHANCELLOR

My Lords, might I just draw to the attention of the House that there appears to be a line 26, and I wonder whether my noble and learned friend will explain what will happen to line 26 if the Amendment is accepted.

LORD MILNER OF LEEDS

My Lords, I think that the printers' numbers in the margin are wrong. The line marked "20" is in fact "22", so that the line marked "25" is "27". The words to be excluded are presumably in this subsection down to "United Kingdom" at the end of subsection (2)(c).

THE LORD CHANCELLOR

My Lords, I think that there is a mistake there somewhere.

LORD SIMON OF GLAISDALE

My Lords, the noble Lord, Lord Milner of Leeds, is quite right. The words that I am trying to remove from the Bill are the words: In this subsection 'country' includes a colony or other dependent territory of the United Kingdom. I am afraid that the numbering is wrong, in the margin, and I hope that the Amendment can be accepted in the sense that is intended.

THE LORD CHANCELLOR

My Lords, I think that it can, because it is the marginal numbering which is wrong and not my noble friend's Amendment. Therefore, if I may, I would put it to the House in the form in which my noble friend has moved it.

[The Sitting was suspended at 7.15 p.m. and resumed at 7.35 p.m.]