Part of the debate – in the House of Commons am ar 15 Gorffennaf 1925.
I beg to move, in page 29, line 30, after the word "may," to insert the words "with his or her consent."
Possibly I am championing a hopeless cause in this Amendment after the Division which we have just had, but move it in the hope that between now and the Report stage, what I say may have some influence upon the Minister in charge of the Bill. Nor do I like to run away from an Amendment which I have put on the Paper. I feel strongly against this part of the Bill. Here we have an offence which may possibly be committed either by a husband or a wife and without his or her consent, husband or wife, as the case may be, can be called upon to give evidence against the accused partner. I disagree with the argument of the Minister, and with every respect, he only seemed to strengthen my opinion against the Clause as its stands. He said he desired to have this provision retained in the Bill because it is the only way of convicting a husband or wife in these cases. I think that is a very serious matter to have on the Statute Book a Clause which is admitted by the responsible Minister to be the only possible way of convicting a husband or wife, and which does so by putting the other partner into the witness box. We do not wish to encourage perjury in our courts of law. I only speak as a bachelor, but I put it to any married man in this House that if he were called upon against his will to give evidence against his wife, it would only be human nature to tell a lie if he thought it would get her off. I should not think very much of the husband if he did not, and yet if he did, he might make himself liable to a charge of perjury. I go further and I put this proposition to any legal Member of the House. If either husband or wife were charged with perjury and found guilty and if the perjury had been committed in a case of this kind in which either husband or wife had given evidence unwillingly, I do not believe there is a Judge on the Bench who would send that person to prison. My Amendment does not go as far as that of the hon. Member for East Middlesbrough (Miss Wilkinson). It will be possible under my Amendment to call a husband or wife for the prosecution; and all I seek to provide is that they should not be called one against the other without consenting to give evidence.