My Lords, in moving the amendment I shall speak also to Amendments 23, 26 and 42, which are not grouped on the Marshalled List, but logically appear with it. I do not include in my grouping Amendments 21, 34A, 71, 76 or 89. We are slightly confused by the suggested groupings list. It is always difficult with a Bill such as this, and I do not criticise anyone.
My points relate to the question of legitimacy, because the law on legitimacy is different in Scotland than it is in England. The wording of the Bill sows confusion and causes problems north of the border. I think that my noble friend Lord Lucas is beginning to understand what a Pandora’s box he has opened. We need to get this absolutely right.
A child legitimately born is not something that we understand in Scotland. If a male and female produce a son out of wedlock, or, in due course, a daughter out of wedlock, that child is legitimised on the marriage, so the question of illegitimacy does not occur in Scotland in the same way as I understand that it does in England.
Your Lordships will all know that in 1832, the Macdonald of Sleat baronetcy passed to the eldest child, legitimised by his parents on their subsequent marriage, while the Irish peerage of Baron Macdonald passed to his second son, but the first legitimately born after the marriage. The same principle was used
in the Marquis of Queensbury case, and there is the Anstruther case. The Anstruthers had two baronetcies and they produced a son out of wedlock. It was all very carefully planned. They were lucky to have a boy. They then got married. That legitimised the boy, who received the Scottish title. They were then very clever and, having been married, produced a second son who was legitimate and therefore got the English title; they were able to separate the two Anstruther titles.
That is why I am moving Amendment 11. I know that the rules in England are different. As I understand it, they refer to illegitimate children born after 28 October 1959 who were legitimised by the subsequent marriage of their parents. I hope that my noble friend and the House will be able to accept my amendment so that we do not have any further problems. I beg to move.
2.15 pm