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44 Clause 27, page 18, line 23, at end insert—
' (2A) Nothing in this Act shall affect the validity of any marriage solemnised or contracted before 1st January 1978.'.
§ Lord KIRKHILLMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 44. This savings provision, mentioned frequently by members of the Opposition in the other place when the matter was being debated there, protects the validity of any marriage contracted before the effective date of the Bill. For example, it has been represented that, because the Age of Marriage Act 1929 and the Marriage (Enabling) Act 1960 are both being repealed by the Bill, there might be doubt about the position of anyone who married under the age of 16 before the former Act came into effect and about that of anyone who was allowed to marry by virtue of the latter Act. While such specific protection may not be essential in view of the terms of the Interpretation Act 1889, this Amendment puts the matter beyond all doubt, and in the Government's view seems desirable.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Kirkhill.)
Lord CAMPBELL of CROYMy Lords, I am glad this matter was raised in another place and that the Government have decided to make this addition to the Bill. The noble Lord referred to the 1929 Act and I would remind the House that, before that, it was legal in Scotland for a boy to marry at the age of 14 and for a girl to be married at the age of 12, and of course people who were married very young before 1929 and are still alive might well feel that the validity of their marriage was in doubt after the enactment of this measure, which would be very unfair. To make it quite clear that nothing of that kind would be caused by the Bill, I am sure it is right to make this Amendment.
§ On Question, Motion agreed to.
§ 3.41 p.m.