§ Dr. John A. Cunninghamasked the Secretary of State for the Home Department on what basis, and by which section of his Department, decisions are made to commit men in default of maintenance payments to estranged wives to particular prisons; and why such offenders have been sent to Durham jail.
§ Mr. CarlisleUnder Section 12(2) of the Prison Act, 1952, prisoners are committed to such prisons as my right hon. Friend may from time to time direct. Courts in the geographical counties of Northumber land and Durham and parts of Cumberland, Westmorland and the North Riding of Yorkshire commit to Durham prison or to Low Newton remand centre. These are the nearest establishments which receive prisoners direct from court. If the hon. Member has a particular difficulty in mind, perhaps he will let me know.
§ Dr. John A. Cunninghamasked the Secretary of State for the Home Department how many men in Great Britain are currently expected to pay maintenance to estranged wives whilst unemployed; what percentage of them are defaulting; and whether unemployment is accepted by magistrates as grounds for a review of the maintenance order.
§ Mr. CarlisleThe information asked for in the first two parts of the Question is not available. Under the Matrimonial Proceedings (Magistrates' Courts) Act, 1960, a magistrates' court may order the payment of such weekly sum as they consider reasonable in all the circumstances of the case and on application may vary an order already made.
§ Dr. John A. Cunninghamasked the Secretary of State for the Home Department what advice is given to magistrates by his Department about the amount of money a separated or divorced man should pay as maintenance, and concerning whether this amount is to be reconsidered if the man, through no fault of his own, becomes unemployed.
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§ Mr. CarlisleAs this is a matter for the exercise of judicial discretion, it would be inappropriate for my right hon. Friend to issue advice. It is open to either party to apply to the court for variation of an order.
§ Dr. John A. Cunninghamasked the Secretary of State for the Home Department how many men in the Whitehaven Magistrates' Court area are currently defaulting on maintenance payments to separated or divorced wives and children; what is the average amount of arrears; and how many of the men have served periods in jail because of non-payment of maintenance.
§ Mr. CarlisleI am writing to the hon. Member.