HL Deb 26 April 1977 vol 382 cc388-9

[References are to Bill [64] as first printed for the Commons].

1 Clause 2, page 2, line 4, leave out For the avoidance of doubt'

2 Clause 2, page 2, line 6, after not ' insert in Scots law,'

3 Clause 2, page 2, line 7, leave out ' section does not affect ' and insert 'subsection is without prejudice to—

  1. (a) the effect which a degree of relationship not so specified may have under the provisions of a system of law other than Scots law in a case where such provisions apply as the law of the place of celebration of a marriage or as the law of a person's domicile; or
  2. (b)'

Lord KIRKHILL

My Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 3 inclusive en bloc. The statement in Clause 2(3) of the Bill when it left your Lordships' House, that a degree of relationship other than those specified in Schedule I would not bar a valid marriage, did not take account of the situation where one of the parties is subject to the laws of a country in which the list of forbidden degrees for marriage may be different from the list in Scotland. To this extent it was felt that it was too sweeping. It is desirable to make it clear that a marriage in Scotland is barred if, under a foreign system of law to which one or both of the parties is subject, the marriage would be void in that foreign country because of the degree of the parties' relationship. And, of course, a marriage would be void in Scotland if, having been allowed (possibly in error) to take place abroad, it was void, for the same reason, according to the law of the place of celebration. The Amendments qualify the earlier general statement and avoid the possible conflict between different sets of laws which that statement might have produced.

I beg to move that this House doth agree with the Commons in their Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Kirkhill.)

Lord CAMPBELL of CROY

My Lords, I suggest that this further qualification is a sensible addition to the drafting of the Bill and is necessary for clarification. I will now indicate that when we reach Amendment No. 46 we may well find that the Government are suggesting that the Bill be amended in such a way that the forbidden degrees of marriage are different in Scotland from what they are in England. So if the matter is of some importance, it is not simply regarding the United Kingdom; it is the difference in the law between Scotland and England which needs to be provided for.

On Question, Motion agreed to.