Divorce, Dissolution and Separation Bill [Lords] — House of Commons, 2020-06-17
Topic: Law and Crime
John Henry Hayes (Conservative, Centre-right): C S Lewis said: "We are all fallen creatures and all very hard to live with." Since the fall from the state of grace, the prevailing condition of humankind has been imperfection. Because we are imperfect creatures the relationships we form are imperfect too. They are full of the joys, triumphs, disappointments and disasters that perpetuate through the human condition and that everyone in this place will have known during the course of their lives. So it is preposterous to suggest that a change in the process of divorce will iron out enmity or acrimony. The end of a love is by its nature acrimonious. It is full of disappointment and sorrow, and it will ever more be so. Let us not pretend that we are in a fairy tale, whereby if we change the business of divorce, we will change the content of that doubt and disappointment, for we will not As I said in an earlier intervention, the principal cause of that enmity is issues over children, and they will remain. The second cause is the sharing out of assets, and that will remain. Arguably the period of time that currently prevails gives a chance to sort that out, and certainly it gives a chance to take advice, to consider carefully, to contemplate and to reflect. One in 10 divorces that are begun do not end for that very reason—people do think again and when they think again, they often try again We are condemning many women, in particular, to a very sorry future, because for the most part it will be women who are left by men—not always, of course, but for the most part—and many will not even know they are being divorced, as the Law Society points out in its analysis of the Bill; divorce will be initiated, and women will learn that they will be divorced in a few months, but they will be given no cause, no reason, no justification and no explanation. That is what this Bill does. Thus I regard it as extraordinary that the imperfections that, as I say, have always been so are not recognised by this House as being bound to prevail regardless of this Bill Governments are imperfect, too. I spent 19 years on my party’s Front Bench, many of them as a Minister, so I know how imperfect Governments are. Governments bring legislation to the House that is ironed out during its scrutiny. I do not blame for a moment the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham, because he is a new Minister, a good man and a fine fellow, and he would not be calling the shots on this, but I find it extraordinary that the Government have not compromised All the time I was in government—people on both sides of the House will remember this—I used to listen to arguments from both sides to allow legislation to develop and mature through scrutiny and argument. Many times, I would go to my civil servants and say, "Well, the point that the shadow Minister is making is right, isn’t it? We ought to take that on board." Yet this Government have remained entirely resistant to the measured overtures of the Bill’s critics. We conceded on the point about fault, but all we asked was that the Government think again about the time. The duration could be 12 months, as recommended.