Mackay has first victory but Bill still faces battle

The divorce debate: Protests mount against reform package

DIVORCE BILL

The Lord Chancellor yesterday succeeded in his campaign to have a package of measures to reform divorce law included in the Queen's Speech.

Contrary to speculation and the wishes of a vociferous minority of Tory MPs and Catholics, not a cross word was exchanged around the Cabinet table when the inclusion of the measure was approved. Nor was there discussion about the Bill, which has been on the list of legislation for the next parliamentary session for some time. But the fact that the Government is considering giving MPs a free vote is a clear sign, as one Whitehall source conceded yesterday, that Lord Mackay is "not out of the wood yet" as protests mount.

The most radical package of changes for a quarter of a century would see the end of the "quickie" divorce for unreasonable behaviour or adultery, bring in "no-fault" divorce after a minimum 12-month period of reflection, and a new emphasis on mediation of disputes to replace court battles, with limited help from legal aid.

Britain has the highest divorce rate in Europe - almost 155,000 divorces were granted in 1994. John Campion, Family Law Action Chairman, who is also co-ordinator of the pro-marriage Cheltenham Group, said: "For a Lord Chancellor who claims to be a Christian and to speak for the party of the family to preside over the effective destruction of legal marriage is sheer hypocrisy."

Lady Olga Maitland, Conservative MP for Sutton and Cheam, said: "If you make it too easy it looks like a car-hire purchase, that you simply return the car when you have had enough or you return the spouse when you have had enough."

The former Cabinet ministers John Patten, a Catholic, and John Redwood, are emerging as key opponents of the reform.

Lord Mackay, one of the firmest upholders of the institution of marriage, takes a recently-acquired responsibility for marriage guidance very seriously, and has pledged to introduce the changes after a long pilot period to avoid a fiasco like that surrounding the Child Support Agency.

But perhaps in an attempt to lower the temperature, he has said the divorce Bill could "come a cropper". Although the parliamentary arithmetic on a free vote would appear to come down on his side, with Labour supporting the broad principles, he could face protracted struggles over the details. Opposition has been mounting against the idea of a compulsory diagnostic interview to get information on mediation, marriage guidance and the law, amid warnings that many people do not believe their disagreements can be resolved amicably.

There are also concerns about the amount of help that would be available through legal aid, and fears that less well- off wives will lose protection.

Lord Mackay has consistently resisted demands for the package to be dropped, arguing in this spring's White Paper that current law permitted "easy, unilateral divorce on demand".

He believes greater use of mediation would reduce bitterness and the money spent on lawyers. It would also force couples to consider the consequences of their actions and face up to their responsibilities. The result would be a less confrontational system.