§ Lord Molloy asked Her Majesty's Government:
§ Whether, in the context of their proposed reforms of the legal system, they intend to make any changes in the law relating to divorce.
§ The Lord Chancellor (Lord Mackay of Clashfern)My Lords, the Government are undertaking a rolling programme of review of family law and will consider the law of divorce in the context of that review and in the light of the report of the Law Commission expected later this year. It would be premature to form any view of the future of divorce law ahead of that report.
§ Lord MolloyMy Lords, I am most grateful to the noble and learned Lord for that reply. It will give encouragement to solicitors and barristers, who have been of the opinion that gradually over the years the implementation of the current Act has been biased against men. A source of concern to lawyers is that the legislation might be a contributory factor to the incredible rise in suicides by men involved in divorce.
§ The Lord ChancellorMy Lords, I am particularly heartened that my reply might give some encouragement to solicitors and barristers. Certainly the matters to which the noble Lord has referred are of great importance and I have no doubt that they will figure in the Law Commission's report.
§ Lord Macaulay of BragarMy Lords, given that a new Family Policy Studies Centre survey has found 2 that Britain now has the highest divorce rate in Europe, what plans do the Government have to provide for the improvement of the situation of the single parent as a matter of urgency, particularly in relation to housing and financial provision?
§ The Lord ChancellorMy Lords, of course there are many consequences of divorce. However, the Question concerns primarily the law relating to divorce. Perhaps the latter part of the noble Lord's supplementary question is wide of the Question on the Order Paper. The rate of divorce in this country is a cause of great concern. I have no doubt that that aspect of the matter will be taken into account in the Law Commission's report. It is one thing to notice a serious matter of that kind; it is rather more difficult to prescribe an effective cure for it.
§ Lord Cledwyn of PenrhosMy Lords, on the matter of prescribing an effective cure, does not the noble and learned Lord agree that our present divorce laws are too lax?
§ The Lord ChancellorMy Lords, that is a very difficult question. Once a married couple have decided to part it is difficult to know what place there is for the tremendously complicated and lengthy procedures which follow. Whether tightening up the law would reduce the divorce rate is open to question. I very much believe that good divorce law should reinforce the institution of marriage rather than tend to destroy it. As the noble Lord will be aware, the Law Commission canvassed, among other things, a proposal that all the ancillary matters arising out of a divorce should be decided upon and settled before the divorce was granted. In a sense that is the type of tightening up which the noble Lord the Leader of the Opposition has in mind. It is certainly a proposal for further consideration. I shall be most interested to see what the Law Commission ultimately decides when it submits its report in the light of the full consultation which it has had.