§ Mr. Ede
I beg to move, in page 8, line 36, after "made," to insert "or deemed to be made."
Again, it would be for the convenience of the House to consider at the same time the next Amendment, in line 38.
The enactments named in the first three paragraphs of subsection (2, a) are being consolidated. These Amendments substitute for references to the enactments at present in force references to the consolidating Measure. The Matrimonial Causes Bill provides that it shall come into force on 1st January, 1951—the same day as this Bill.
§ Mr. Manningham-Buller (Northants, South)
Is there any precedent for altering a Bill in this way by inserting a reference to a Matrimonial Causes Act, 1950. when there is no such Act and when, judging from experience we have had recently, it may well be that when a consolidating Bill comes before this House, 1721 though it is a consolidation Measure, it may bear a different title? We have had recent experience of consolidating a lot of Acts in the Diplomatic Privileges (Extension) Bill, and the consolidating Measure has borne a title which did not correspond with them at all. Is there any precedent in this House for amending a Bill by inserting references to an Act of Parliament which is not yet an Act and which may not become an Act under that title at all?
§ Mr. Ede
By leave of the House, may I say that I have a precedent in my own legislative experience with regard to the Licensing Bill, which passed through this House, and in which a reference was made to the Justices of the Peace Bill, which also passed this House. On that occasion, while it is true that it was not a consolidation Measure, it was passed by both Houses and received the Royal Assent. In the event of it being found that the other Measure is not likely to go through, we shall endeavour in another place to have inserted such Amendments to these House of Commons Amendments as will provide that the position may be rectified.
§ Amendment agreed to.
§ Mr. Ede
I beg to move, in page 9, line 38, after "under," to insert "or by virtue of."
I think it might be for the convenience of the House if we discussed this Amendment and the next four Amendments together. The effect of the first three Amendments is to bring within Part II of the Bill, as has been done in this case of the corresponding jurisdiction of the High Court in England, maintenance orders made by the High Court in Northern Ireland by virtue of jurisdiction inherited from the ecclesiastical courts. Such jurisdiction was preserved in the High Court by Section 28 of the Matrimonial Causes Act (Northern Ireland), 1939. An example of such an order is an interim order for alimony made in a case of judicial separation. The fourth Amendment, that to line 16, is a drafting Amendment of a transitional nature.
§ Amendment agreed to.1722
§ Further Amendments made: In page 9, line 42, leave out "or."
In line 42, after "twenty-two," insert
or subsection (1) of section twenty-eight.
In line 16, at end, insert:
(3) For the purposes of this section any order made before the commencement of the Matrimonial Causes Act (Northern Ireland), 1939, being an order which, if that Act had been in force, could have been made under or by virtue of any provision of that Act, shall be deemed to be an order made by virtue of that provision.—[Mr. Ede.]