Oral Answers to Questions — Divorce Actions

– in the House of Commons am 12:00 am ar 3 Chwefror 1964.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr James Boyden Mr James Boyden , Bishop Auckland 12:00, 3 Chwefror 1964

asked the Attorney-General what would have been the approximate saving to the Legal Aid Fund last year of taking divorce actions in the county court.

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

The saving would have depended on a number of uncertain factors and it is therefore not possible to estimate what it would have been.

Photo of Mr James Boyden Mr James Boyden , Bishop Auckland

Would there not in any case be a substantial saving made, and would it not require very simple legislation to bring this about? Who benefits from High Court actions other than the lawyers?

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

The hon. Gentleman is correct in saying that there would be substantial savings. The Lord Chancellor has, in fact, been holding a number of meetings with the Law Society, the Bar Council and the judges to see what steps could be taken to reduce legal costs.

Photo of Mr James Boyden Mr James Boyden , Bishop Auckland

Will the right hon. and learned Gentleman consult the Leader of the House to see that legislation is introduced on this matter at an early date?

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

It is a matter of certain complexity, as I am sure the hon. Gentleman appreciates, because the Bill, if there ever were to be one, would not be quite so simple a matter as he suggests.

Photo of Mr James Boyden Mr James Boyden , Bishop Auckland

asked the Attorney-General if he will introduce procedural changes in divorce actions in order to reduce costs.

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

My noble Friend the Lord Chancellor is at present considering this matter.

Photo of Mr James Boyden Mr James Boyden , Bishop Auckland

Can the Solicitor-General say along which line he is considering it? For example, could not costs and time be saved by calling written evidence in many cases instead of the attendance of witnesses?

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

As the hon. Gentleman will appreciate, this review is taking place now and the Lord Chancellor is receiving representations. I will certainly bring to his attention the hon. Gentleman's suggestion.

Photo of Sir John Morris Sir John Morris , Aberafan

While declaring my interest as a practitioner, may I ask the right hon. and learned Gentleman seriously to consider the results before any transfer of divorce proceedings—involving, as they do, the important institution of marriage and questions about status—is made to the courts where they might be sandwiched between possession actions, hire-purchase defaulters and judgment summonses?

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

The hon. Gentleman has shown the very importance of this matter and the view which is taken; that this matter of status is one of very great importance and that, therefore, it is not a matter where a change could be made lightly.

Photo of Mr Marcus Lipton Mr Marcus Lipton , Lambeth Brixton

Will the right hon. and learned Gentleman ask the Leader of the House and others concerned to have a look at the way in which the Army Legal Aid Scheme operated during the war, when Service men got their divorces for £5 a time? It was cheap and effective, it was done with affidavits and everybody was very happy.

Photo of Mr Peter Rawlinson Mr Peter Rawlinson , Epsom

I am sure that he will consider that. I do not know how much happiness arose.