HC Deb 31 July 1978 vol 955 c148W
Mr. Cohen

asked the Secretary of State for Northern Ireland what reform of social and family law there has been in Northern Ireland since 1976.

Mr. Mason

My predecessor told this House on 2nd July 1976 that the Government would be looking closely at the need for legislation in fields which we had previously thought it appropriate to leave to a future devolved government. Since then, and following the fullest consultation with the people of Northern Ireland, the following measures have been enacted:

  1. (i) The Family Law Reform (NI) Order 1977—which gives illegitimate children and their parents the same rights as legitimate children and their parents in intestate succession, and provides for blood tests in determining paternity.
  2. (ii) The Sexual Offences (NI) Order 1978—which provides, first, a statutory definition of rape; and second, that, in most circumstances, both complainants and defendants shall be anonymous in rape offence cases It also limits the occasions on which the complainant can be cross-examined or evidence adduced about her sexual history;
  3. (iii) The Protection of Children (NI) Order 1978—which makes the same provision for Northern Ireland to protect children from exploitation in the production of pornography as the Protection of Children Act 1978 makes for England and Wales;
  4. (iv) The Matrimonial Causes (NI) Order 1978—which makes the irretrievable breakdown of marriage the sole ground for divorce; empowers courts to make better and fairer orders for financial relief following divorce; and gives greater protection to children affected by a divorce

The Government also published, for consultation, on 27th July a proposal for a draft Homosexual Offences (NI) Order, which if it became law, would make homosexual acts in private between consenting men over 21 no longer criminal offences.