HL Deb 04 March 1982 vol 427 cc1383-5

3.54 p.m.

The Lord Chancellor

My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Civil Jurisdiction and Judgments Bill, has consented to place her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Having said that, I beg to move that this Bill be now read a third time.

Moved, That the Bill be now read a third time.—(The Lord Chancellor.)

On Question, Bill read a third time.

Clause 5 [Recognition and enforcement of maintenance orders]:

The Lord Chancellormoved Amendment No. 1:

Page 4, line 28, at end insert— ("A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding 7£50.")

The noble and learned Lord said: My Lords, may I just explain what is now going to happen. All the amendments are Government amendments. This one is to be moved by me and the remainder, because they relate to Scotland, will be moved by my noble and learned friend the Lord Advocate.

I think I might call this a drafting amendment, but I must explain that by inadvertence we appear to have left out the penalty clause in one of our amendments, either on Committee or on Report, at the earlier stages of the Bill. This is to reinstate the penalty clause. I suppose that I should apologise to the House on behalf of myself and the Government for this inadvertent mistake, but it just restores the position as it was intended to be. I beg to move.

Lord Mishcon

My Lords, I am sure that the House would want to agree this amendment. I apologise that I too had omitted to see it. This, of course, is an order which is made to a payer of maintenance which he might not in fact observe, and there was no penalty imposed if he did not observe it, and obviously this puts the matter right.

On Question, amendment agreed to.

Clause 20 [Continuance of certain existing jurisdictions:]

The Lord Advocate (Lord Mackay of Clashfern)moved Amendment No. 2:

Page 14, line 6, at end insert— ("( ) proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up;").

The noble and learned Lord said: My Lords, with your Lordships' leave I should like to take Amendment No. 2 en bloc with Amendments Nos. 3, 4 and 5. These amendments make certain changes to the provisions of Schedule 7 as to the jurisdiction of Scottish courts in so far as they are related to certain proceedings connected with companies. The amendments are in similar terms to, and follow on from, amendments relating to Schedule 4 which were dealt with at the Report stage.

May I also mention that Amendment No. 4 ought to have been printed in the heavy print which we have used in certain parts of the schedule, and I hope your Lordships would agree that when the amendment is incorporated in the Bill, as I hope your Lordships will agree that it should be, it should be done in the heavy print. Certain observations which fell from the noble Lord, Lord Mishcon, when the amendments were proposed on the last occasion would apply to Amendment No. 4, and of course the same consideration will be given to these matters as my noble and learned friend the Lord Chancellor said would be given to the amendments with which he was then concerned. I beg to move.

Lord Mishcon

My Lords, the noble and learned Lord was kind enough to refer to some remarks that were made on the previous occasion, when the Report stage was taken. I imagine that he was referring to certain terminology which your Lordships will see before you in the amendments now being moved, Nos. 4 and 5. I am at least relieved that the words "or the decisions of their organs" will be removed from the Bill. That at least is some improvement, but I am still hoping, in spite of the as usual courteous communication I have received from the noble and learned Lord the Lord Chancellor, that some consideration can be given to the wording of this clause. The noble and learned Lord said last time that the schoolboys I referred to were hardly likely to read this Bill, but I have found in fact that some of your Lordships have the same sense of humour as schoolboys.

Lord Elwyn-Jones

My Lords, the reference to the "organ" of a "legal person" does call for further consideration, was what I said.

On Question, amendment agreed to.

Clause 40 [Domicile of individuals]:

Lord Mackay of Clashfernmoved Amendments Nos. 3, 4 and 5:

Page 27, line 30, leave out ("Rule") and insert ("Rules 2(11 A) and").

Schedule 7, page 81, line 12, at end insert— ("(11A) in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;").

Page 82, line 30, leave out ("or the decisions of their organs").

The noble and learned Lord said: My Lords, I should like to move Amendments Nos. 3, 4 and 5, en bloc.

On Question, amendments agreed to.

An amendment (privilege) made.

4 p.m.

The Lord Chancellor

My Lords, I beg to move that this Bill do now pass. In moving this Motion, I wish to thank all noble Lords who at one time or another have played a constructive part in the passage of this complicated measure, particularly the noble and learned Lord, Lord Elwyn-Jones, the noble Lord, Lord Mishcon, and the noble Viscount, Lord Bledisloe, who will have left a permanent mark on the Bill should it ever reach the statute book, which I hope it will. I am also grateful to other noble Lords who have spoken at one time or another on this complicated matter. My Lords, I beg to move.

Moved, That the Bill do now pass.—(The Lord Chancellor.)

Lord Mishcon

My Lords, I am sure your Lordships would like to add to that list and those gracious words of thanks, thanks to the noble and learned Lords the Lord Chancellor and the Lord Advocate, for the way in which they have dealt with quite a complex measure, and especially with the way in which the question of state immunity was dealt with after an interesting discussion in which certain noble and learned Lords on the Cross-Benches participated with such weight.

On Question, Bill passed, and sent to the Commons.