§ [Nos. 180 and 181]
§ After Clause 64, insert the following new clause:
§ Procedure in guardianship proceedings
§ .—(1) The following subsections are substituted for subsections (2) and (3) of section 6 of the Guardianship Act 1973:—
§ "(2) A report made in pursuance of subsection (1) above to a magistrates' court shall be made to the court at a hearing of the application unless it is in writing in which case—
- (a) a copy of the report shall be given to each party to the proceedings or to his counsel or solicitor either before or during a hearing of the application; and
- (b) if the court thinks fit, the report, or such part of the report as the court requires, shall be read aloud at a hearing of the application.
§ (3) A magistrates'court may and, if requested to do so at the hearing by a party to the proceedings or his counsel or solicitor, shall, require the officer by whom the report was made to give evidence of or with respect to the matters referred to in the report and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any such matter or any matter referred to in the officer's evidence.
§ (3A) A magistrates' court may take account of—
- (a) any statement contained in a report made at a hearing of the application or of which copies have been given to the parties or their representatives in accordance with subsection (2)(a) above; and
- (b) any evidence given by the officer under subsection (3) above,
§
(2) The following subsection is added after subsection (5) of the said section 6—
(6) A single justice may request a report under subsection (1) of this section before the hearing of the application, but in such a case the report shall be made to the court which hears the application, and the foregoing provisions of this section shall apply accordingly.".
§ After Clause 64, insert the following new clause:
§ Procedure in matrimonial proceedings
§ ".—(1) The following subsections are substituted for subsections (3) and (4) of section 4 of the Matrimonial Proceedings (Magistrates' Courts) Act 1960:—
§ '(3) A report made in pursuance of subsection (2) of this section shall be made to the court at a hearing of the complaint unless it is in writing in which case—
- (a) a copy of the report shall be given to each party to the proceedings or to his counsel or solicitor either before or during a hearing of the complaint; and
- (b) if the court thinks fit, the report, or such parts of the report as the court requires, shall be read aloud at a hearing of the complaint.
§ (4) The court may and, if requested to do so at the hearing by a party to the proceedings or his counsel or solicitor, shall, require the officer by whom the report was made to give evidence on or with respect to the matters referred to in the report and if the officer gives such evidence, any party to the proceedings may give or call evidence on or with respect to any such matter or any matter referred to in the officer's evidence.
§ (4A) Subject to the next following subsection, the court may take account of— 1319
- (a) any statement contained in a report made at a hearing of the complaint or of which copies have been given to the parties or their representatives in accordance with subsection (3)(a) of this section; and
- (b) any evidence given by the officer under subsection (4) of this section; in so far as the statement of evidence relates to the matters specified by the court under subsection (2) of this section, notwithstanding any enactment or rule of law to the country.'
§ (2) In subsection (5) of the said section 4, for 'subsection (4)' there is substituted' subsections (4) and (4A).'."
§ 10.5 p.m.
§ Lord WINTERBOTTOMMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 180 and 181 which relate to the procedure in matrimonial and guardianship proceedings. I do not think I need say much about these two new clauses. One replaces part of Section 6 of the Guardianship Act 1973, and the other replaces part of Section 4 of the Matrimonial Proceedings (Magistrates Courts) Act 1960. This will improve and simplify the procedure in magistrates' courts for dealing with welfare reports made to courts in relation to children, where the court is considering to whom, in the best interests of the child, custody should be given. The procedural changes which are embodied in these new clauses have the support of the President of the Family Division of the High Court and of the Justices' Clerks' Society. A further welcome change in the procedure was introduced on Report in another place when a subsection was added to the first of the two clauses enabling a single justice of the peace to call for a report before the hearing of an application. This provision will help to avoid unnecessary delays in the reaching of a decision on the main issue as to custody. The conferring of the power on a single justice will enable the power to be exercised also by a justices' clerk, provided that rules to that effect are later made under Section 5 of the Justices of the Peace Act 1968. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Winterbottom.)
§ Baroness MACLEOD of BORVEMy Lords, can the noble Lord clarify a point? Is this to be done in open court 1320 or in the normal closed court? As the reports are, in certain circumstances, to be read out, I suggest that it would be preferable if this were clone in closed court.
§ Lord WINTERBOTTOMMy Lords, this is something about which I am totally ignorant and perhaps the noble Baroness will allow me to send her the answer. I am told, however, that the normal domestic court procedure will be followed.