Orders of the Day — Legitimacy Bill

Part of the debate – in the House of Commons at 12:00 am on 8 May 1959.

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Photo of Mr David Weitzman Mr David Weitzman , Stoke Newington and Hackney North 12:00, 8 May 1959

I apologise for not having been present earlier, as I would have liked to have heard the earlier speeches. I listened to what the hon. and learned Gentleman the Member for Bolton, East (Mr. Philip Bell) said, and with a great deal of it I quite agree. I agree with him entirely about the importance of family life and the responsibility of parents. I agree, also, that parents should remember the effect on the happiness of their children that their acts may have. Bearing all that in mind, however, how is it affected by this Clause?

The deed has been done. The child has been born. I do not think that anybody would suggest that any of these children could have been prevented from being born merely because some one would have had a discussion about the responsibilities and the holiness of family life. We are dealing with actual cases, and consideration of the child's position goes to the heart of everybody. That is the real consideration. If there is the slightest chance of unhappiness in family life, if there is likely to be discord between children because in a family there are illegitimate children living with children that are legitimate, it should be the object of Parliament to alter that state. The tendency nowadays is to look at these matters realistically.

1.30 p.m.

Remembering everything that the hon. and learned Gentleman said—and I recognise that there is a great deal in what he said—is this not a very simple matter? Let us not bother about the wording of the Clause for the moment. It is true that one can criticise the looseness of the words accepted as one of the family. That ought to be tightened up in some way. I am concerned with the principle. The important words are: Any child born to a married woman, and accepted as one of the family by her husband.… Where there is an illegitimate child in that position, accepted by the husband, why should we not do everything to regularise the position so as to prevent the slightest chance of unhappiness to that child?

I regard this as a very simple Clause which puts right a wrong that has been done to the child. I agree that the mother is to blame, and so is the paramour. But, after all, do we not all recognise the principle relating to children, enshrined in the Guardianship of Infants Act, namely, that it is the welfare of the child that is of paramount importance? From that point of view, I plead that the House should do something on the lines of this Clause.

The Joint Under-Secretary of State said something about registration and said that this would be a sort of legalised forgery. 1 do not mind if it is a legalised forgery, assuming that it is possible for such a thing to exist. Let us have something in the register correcting it. Surely there is no objection to that.

I return to the one simple point with which I am concerned. If this Clause does anything to remove unhappiness from a child, let us accept it. I trust that the House will accept the Clause, and if there are any points in it which need to be dealt with—and I agree there may well be some—surely this can easily be done.