FAMILY LAW REFORM (NORTHERN IRELAND) ORDER 1977 (Hansard, 26 May 1977)

§ Lord MELCHETT

My Lords, I beg to move that the Family Law Reform (Northern Ireland) Order 1977, a draft of which was laid before this House on 28th April, be approved. The purpose of the order is to amend the law in Northern Ireland in relation to illegitimacy and proof of paternity. In Northern Ireland the law on these matters is virtually as it was in England and Wales before the passing of the 1969 Family Law Reform Act. The order is based on parts of that Act and is the first of a number needed to bring the law in Northern Ireland relating to the family more into keeping with the social changes which have been taking place throughout the country, and which have been reflected in the extensive legislation in this field in England and Wales over the last decade.

We are now seeking the views of the people of Northern Ireland as to what further reforms in the area of family law they think necessary, and my right honourable friend the Secretary of State for Northern Ireland has recently published a Consultative Document on this subject.

As for the present order, the matters with which it deals were the subject of a measure prepared for the Northern Ireland Assembly, before it was dissolved. Wide consultations at that time had revealed no opposition to what it proposed. The enactment of this order will implement for Northern Ireland the obligations we have accepted under the Council of Europe's Convention on the Legal Status of Children Born out of Wedlock.

1463 The order falls into four parts. The two major parts, Parts II and III, deal respectively with the property rights of illegitimate children, and with the use of blood tests in determining paternity. Part II goes a long way to remove basic injustices to illegitimate children. For example, at present an illegitimate child may succeed to his, or her, mother's estate only if she dies without leaving any legitimate children and without making a will. Article 3 would bring the illegitimate child into the same position as a legitimate one. Part III of the order allows the law to make use of up-to-date scientific developments in establishing that a particular man is not the father of a particular child. I will not go into the detail of these provisions, but as in the case of the previous order, I would be happy to expand on any of the 15 articles should noble Lords wish.

Your Lordships will, I hope, agree that this order is a humane and necessary measure, and that it will be a significant step forward in social legislation in Northern Ireland. I have no doubt that it will be widely welcomed. I beg to move.