Clause 1 - Power to refuse decree absolute if steps not taken to dissolve religious marriage
Divorce (Religious Marriages) Bill
10:45 am
Mr Andrew Dismore (Hendon, Labour)
I have not met any objection. The agunot campaign put forward the valid criticism that the Bill would not solve every problem. I fully accept that, and made the point in introducing the Bill. The Bill will provide a lever only where the husband also wants a divorce. If the husband is not bothered about a divorce, the Bill will not be able to help. There are one or two hard cases, which the agunot campaign deals with, which it would not help. However, it would help the much larger number of women who are chained in marriage; I mentioned earlier the practices in respect of unfair settlements in the final proceedings. The Bill will make a big difference to many women in these circumstances, although not to all.
The hon. Member for Torridge and West Devon gave us an interesting history lesson on whether the problem can be dealt with by the Jewish faith. However, the Jewish community has done all that it can to solve the problem. Prenuptial agreements are a prerequisite now, but they are binding in honour only, not formally binding. They seek, through the use of communal sanctions, to persuade recalcitrant husbands to behave themselves. In spite of the cases reported in the Jewish Chronicle, and the demonstrations outside people's houses, not a great deal can be done at present if a husband is determined.
The hon. Gentleman raised the matter of the European convention on human rights and the Human Rights Act 1998. Human rights would probably be infringed if the measure were not to be enacted as there is a right to family life, which is denied to Jewish women if the husband refuses to grant a get. The Bill is putting right something that infringes the European convention. My response to the hon. Gentleman is that the Bill is a positive, not a negative, answer to the problem.
The hon. Gentleman asked about the Muslim faith. There have been no approaches from the Muslim community about the matter, although there is a similar, but not identical, difficulty. The Bill provides a mechanism to overcome such a problem should there be an approach from the Muslim community. As I said in response to the hon. Member for Sutton Coldfield, the Bill is primarily about the problems facing the Jewish community.
The hon. Member for Torridge and West Devon asked about the guidelines that will be issued to the judiciary in implementing the measure. I have had a lot of assistance in preparing the Bill from Judge Myrella Cohen, QC, an eminent family law judge, and, should the Bill become law, her help will be sought to draft the guidelines. I have also had help from Eleanor Platt, QC, and Dayan Berkowits, a judge in the Beth Din of the Federation of Synagogues, who have applied their considerable experience to the Bill. The guidelines will be produced in consultation with the Board of Deputies, with members of the Jewish community whom I have mentioned and with others.
The hon. Member for South Norfolk (Mr. Bacon) raised the matter of the court's discretion. If the parties are satisfied with a civil divorce there is no problem, because discretion would be exercised only if someone applied for a judge to intervene. In practice, for orthodox women, a civil divorce is inadequate; that is why the Bill is needed.
Question put and agreed to.
Clause 1 ordered to stand part of the Bill.