HC Deb 03 February 1966 vol 723 cc267-71W
Mr. Abse

asked the Secretary of State for the Home Department whether, in the light of the report Fatherless by Law of the Board for Social Responsibility of the National Assembly of the Church of England, a copy of which has been sent to him, he will now reconsider the refusal given on 20th May, 1965, to the request of the hon. Member for Pontypool that the law should be amended to enable formal but private recognition of patternity to be given by the father of an illegitimate child.

Mr. George Thomas

My right hon. Friend is considering this matter in the light of the report, but he is not yet in a position to make a statement.

Mr. Abse

asked the Secretary of State for the Home Department whether, in order to seek to deal with the problem of unmarried fathers, he will seek to amend the Affiliation Act to enable officers of the court to interview, on the application of an unmarried mother, the alleged putative father with a view in suitable circumstances to encourage the parents of an illegitimate child to marry.

Mr. George Thomas

My right hon. Friend has no information to suggest that a statutory procedure is needed to encourage the parents of illegitimate children to marry.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that the employment of the full range of blood tests now available could extend the utility of tests in affiliation cases beyond excluding paternity, that in certain cases they would be of aid in positively establishing paternity, and that, since in some cases they would narrow the percentage of men in the community in general who could be the father to less than 1 per cent., whether he will seek to amend the law to enable magistrates to order compulsory blood tests.

Mr. George Thomas

My right hon. Friend understands it is not the case that blood tests can positively establish paternity, and as at present advised he does not think that recent advances in hematology would justify providing for such tests to be compulsory.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that there are no provisions in the Affiliation Act enabling a court to order payment by a putative father beyond the child's age of 16 when the child remains dependent because of physical or mental disability; and whether he has now completed his consideration announced on 20th May, 1965, of amending the law.

Mr. George Thomas

My right hon. Friend is satisfied that it would be desirable to amend the Affiliation Proceedings Act, 1957, to give courts power when the child remains dependent after the age of 16 because of physical or mental disability to order payments to be made towards his maintenance up to the age of 21. He cannot, however, say when it will be possible to introduce legislation for this purpose.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that no claims can be made against the estate of a deceased putative father in respect of arrears due under a court order; and whether he will seek to amend the Affiliation Act to enable in suitable cases an order to be made against the estate.

Mr. George Thomas

My right hon. Friend is not satisfied that such a provision would be free from difficulty, but if my hon. Friend has evidence that the present provisions cause hardship he will be glad to consider the matter further.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that hardship to illegitimate children arises from the cessation of any affiliation order upon the death of a father, irrespective of the size of the father's estate; and whether he will introduce legislation to enable claims to be lodged against the estate of a deceased putative father.

Mr. George Thomas

Consideration of the possibility of providing for claims against the estate of a deceased putative father must await the report of the Committee which is considering the law of succession in relation to illegitimate persons.

Mr. Abse

asked the Secretary of State for the Home Department when he will fulfil the undertaking given in May, 1965, to consider bringing the law relating to affiliation proceedings in line with that relating to matrimonial proceedings so that an unmarried mother seeking to enforce or vary an order made in respect of her child shall not be compelled to do this in open court with the attendant publicity this entails.

Mr. George Thomas

I cannot say when a suitable opportunity may arise for legislation to make this procedural change.

Mr. Abse

asked the Secretary of State for the Home Department what progress has been made in the consideration promised on 20th May, 1965, to be given to amending the Maintenance Order (Facilities for Enforcement) Act, 1920; whether he is aware that increasing difficulties are arising because an unmarried mother cannot enforce an affiliation order against a father who is resident in a Commonwealth country; and whether, in view of the increasing number of Commonwealth citizens in this country, he will make a statement.

Mr. George Thomas

Action to amend this Act is awaiting Commonwealth consultation. The matter has been noted for discussion when convenient at a Conference of Commonwealth Law Ministers.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that a seducer of a married woman living with her husband cannot be ordered to make a payment for a child born out of the affair; and whether he will seek to amend the law to ensure that such putative fathers do not avoid responsibility to their own children.

Mr. George Thomas

This proposal would entail a departure from the presumption that a child born during the subsistence of a valid marriage is legitimate. My right hon. Friend is not satisfied that such a change in the law would be desirable or free from difficulty.

Mr. Abse

asked the Secretary of State for the Home Department how many children are in long-term care; and what percentage of them are illegitimate.

Miss Bacon

61,690 of the children in the care of local authorities in England and Wales on 31st March, 1965, had been, or were expected to remain, in care for longer than six months. The returns from local authorities do not show how many are illegitimate.

Mr. Abse

asked the Secretary of State for the Home Department whether he is aware that the rule preventing an unmarried mother commencing proceedings against a putative father more than 12 months after the birth of the child is resulting in hardship, and that many unmarried mothers are not emotionally ready to face court proceedings within the 12 months nor have always become cognisant of the financial difficulty of bringing up a child; and whether he will seek to amend the law to enable an unmarried mother to take proceedings within a three-year limit as is permitted to the National Assistance Board.

Mr. George Thomas

My right hon. Friend is not satisfied that there are grounds for amending the law, but if my hon. Friend will let him have evidence of any hardship that the existing rule is causing he will be glad to consider it sympathetically.