HC Deb 06 February 1958 vol 581 c193W
Sir K. Joseph

asked the Secretary of State for the Home Department what action he is taking in respect of the recommendations of the Royal Commission on Marriage and Divorce in so far as they affect the orders which may be made by a magistrates' court in matrimonial proceedings.

Mr. R. A. Butler

The Royal Commission recommended that the law with regard to the jurisdiction and powers of magistrates' courts in matrimonial proceedings should be codified. A Consolidation Bill—the Matrimonial Proceedings (Magistrates' Courts) Bill—has been introduced and has been under consideration by the Joint Committee on Consolidation Bills. Unfortunately doubts have been raised on a number of points as to the proper interpretation of certain of the complicated and scattered statutory provisions which constitute the existing law. In these circumstances, it is not practicable to proceed with the Consolidation Bill.

I therefore propose to set up an expert committee to advise me on the steps which should be taken to replace the existing provisions on this subject by a single up-to-date enactment. I shall also seek the advice on the committee on the best method of incorporating into any new Measure certain recommendations of the Royal Commission affecting the orders which may be made by magistrates' courts in matrimonial proceedings.