Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

(Limited Text - Ministerial Extracts only)

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I start by thanking my noble friend Lady Hodgson for bringing her first Private Member’s Bill forward so eloquently. It includes many important issues that the Government fully support.

Clause 1 seeks to bring forward changes to the way marriages are registered in the future. Under present legislation, the marriage register entry provides space for the name of the father of each person in the couple to be recorded, but of course not that of the mother and this, unbelievably, has been the case since 1837. As my noble friend said, this topic was the subject of a debate in this House last year—I was the Minister who responded to it—when the right reverend Prelate the Bishop of St Albans brought forward a Bill containing identical marriage provisions. I would also like to acknowledge the long-standing work of my right honourable friend Dame Caroline Spelman, who has been tireless in her efforts to address this anomaly and introduced identical private provisions on more than one occasion in another place to ensure that the marriage certificate reflects the important role of both parents.

Moving to a schedule system is the most efficient and economical way to introduce these changes and bring forward the biggest reform of how marriages are registered since 1837, moving away from the outdated legislation currently in place. It would remove the requirement for paper registers, currently held in over 30,000 register offices and religious buildings, to registration in an electronic register. The noble Baroness, Lady Scott of Needham Market, asked about the savings that would be incurred. I suspect there would be an initial cost, but ultimately, the digitised system would probably bring savings. The basis of a schedule system is that the couple and their witnesses sign a marriage schedule instead of signing the marriage register book. It is worth mentioning here that couples will still be able to have that all-important traditional photo, but instead of signing the marriage register book, they will sign the marriage schedule with their witnesses. My noble friend Lady Anelay rightly asked me to confirm the ministerial commitment to the “Mother/Father/Parent” intention, and I can confirm that when the content is prescribed by the Registrar-General in secondary legislation, it will allow for the different family circumstances in society today. I think noble Lords would agree that this future-proofs any other changes that might occur as society changes.

The noble Lord, Lord Cashman, asked about lessons from New Zealand on the GRA, acknowledging that the GRA is not a subject for discussion here. We have been looking at Google to see exactly what the situation in New Zealand is like, compared to what it might look like here. I will take that away; his advice is always so welcome. I slightly hang my head in shame to think that it was two and a half years ago that we worked on the other Bill together and some of the changes to it that we both so much want to see have not been made. I want to place that on the record.

A number of noble Lords, including the noble Lord, Lord Collins, and the noble Baroness, Lady Thornton, talked about humanist marriages. Of course, Clause 1 affects only how marriages are registered; it does not enable wider changes to who can marry or where marriages can take place. The Marriage Act 1949 provides for a premises-based marriage system, as noble Lords will know. The Government consider that legislating in this way would create an anomaly for most couples, who cannot marry outdoors and are restricted to marrying in a register office, or approved premises such as hotels. That is all I will say about humanist marriages for the moment. I know the noble Baroness, Lady Thornton, made the point that Private Members’ Bills can be amended, but I think the less a Bill is amended, the more likely it is to secure a passage. I think all noble Lords would agree that all the provisions of the Bill should be taken forward.

Turning to Clause 2, the House will be aware that the introduction of same-sex marriage in 2013 resulted in a situation by which same-sex couples could choose between a marriage or a civil partnership, but opposite-sex couples had only the option of marriage to formalise their relationships. Since then, the Government have carefully considered how to ensure equality of access to civil partnerships for same-sex and opposite-sex couples, and on 2 October, the Prime Minister announced that the Government would extend civil partnerships to opposite-sex couples. I am pleased to say that this firmly remains the intention of the Government, and we look forward to opposite-sex couples being able to form civil partnerships as soon as possible.

As my noble friend stated, while we highly value marriage, we know that for many reasons this is not an arrangement which suits everyone. Many opposite-sex couples have told us that they feel very strongly that marriage is not for them, but they would very much like a civil partnership to formalise their relationship. There are around 3.3 million cohabiting couples in the UK, almost half of them with children and all without the protections and security that a formalised relationship can bring. Extending civil partnerships will ensure that opposite-sex couples will be able to benefit from the protections and security that a civil partnership provides. The Bill gives us the opportunity to carry forward this objective of the delivery of a comprehensive and effective opposite-sex civil partnerships regime at the earliest possible opportunity. I am very optimistic that the Bill may provide scope as a vehicle for extending civil partnerships to opposite-sex couples.

Following its amendment at Third Reading in the other place, Clause 2 now seeks to create a power intended to enable the Government to legislate to equalise access to civil partnership between same-sex couples and other couples in their future ability, or otherwise, to form a civil partnership. The clause also contains a duty on the Government to make the necessary regulations within six months of the Bill reaching Royal Assent, and attempts to define what is meant by “other couples”.

As highlighted by the Minister of State for Immigration at Third Reading, the Government have doubts about the clause’s ability in its current form to deliver an effective and comprehensive opposite-sex civil partnership regime in the time it provides for. In particular, we have some concerns about the lack of detail in the regulation-making power as drafted. We are pleased to be working closely with my noble friend and the Bill’s sponsor in the other place, Tim Loughton, to draft a new amendment to the Bill, which we hope to lay before the House in Committee. This will hopefully address the concerns about the current shape of the clause and ensure that the Bill can deliver a comprehensive and robust opposite-sex civil partnership regime as soon as possible.

The noble Lords, Lord Collins and Lord Cashman, my noble friends Lord Hayward and Lord Lexden, and the noble Baroness, Lady Brinton, all talked about same-sex marriage in Northern Ireland. We all support the aim that it should happen, but it is a devolved issue. I am sure noble Lords will feel like groaning at that comment, but it would be for a democratically elected Assembly to decide whether to introduce same-sex marriage. I note very much my noble friend Lord Hayward’s comments about the DUP’s position on this, but it is why restoring the Northern Ireland Executive remains a top priority. Northern Ireland needs its elected representatives back in government to take these important decisions on the issues that matter most to the people of Northern Ireland.

The noble Lord, Lord Collins, talked about blessings in, for example, the Church of England, which was also mentioned by the noble Baroness, Lady Thornton. We quickly referred to the right reverend Prelate the Bishop of St Albans to provide expert advice on this. It would be a matter for a minister in the individual church. As a divorced Catholic, I was not able to get remarried in a Catholic Church, but my local priest absolutely understood my desire to have a blessing in my local church and absolutely beautifully obliged in that instance.

On sibling civil partnerships, we do not have any plans to extend civil partnerships to siblings—to brothers and sisters. We will ensure that the extension is restricted to opposite-sex couples in intimate relationships. The noble Baroness, Lady Barker, talked about the fiscal consideration that a lot of the lobbying has come from. We have had previous debates on it. We do not intend to move from this position at the moment.

[Lord Lexden]

Could my noble friend give an indication of the scope of the consultation that the Government have announced, which she confirmed in a Written Answer to me and I raised in the course of my remarks?

[Baroness Williams of Trafford]

My Lords, I was just coming to that. At this point, officials are working through all the policy issues before the content of any consultation is determined. Therefore, I have to tell my noble friend that I cannot say any more at this stage.

Turning to Clause 3, the Government are committed to ensuring that the NHS provides the safest and highest-quality care possible. This is particularly true for pregnant women. It can be achieved by instilling in the NHS a culture of patient safety, but also by making sure that, when things go so sadly and tragically wrong, we can provide empathetic care and support to bereaved parents and their families to cope with the tragedy of pregnancy loss. I was totally moved by the stories of the noble Baronesses, Lady Brinton and Lady Benjamin. No parent ever wants to go through what they had to go through.

Registration and certification can be an important part of acknowledging a pregnancy loss for some bereaved parents. The noble Baroness, Lady Brinton, talked particularly about a twin who survives. That can be the only acknowledgement that their bereaved twin ever existed. I thought that was so pertinent. We fully support Clause 3, which provides for a report on whether the law should be changed to require or permit the registration of pre-24-week pregnancy losses. This clause requires the Secretary of State to publish the report.

The Government have already begun work to produce a report on this issue. The pregnancy loss review, commissioned by the Department of Health and Social Care, has engaged with many key stakeholders, including parents with lived experience of pregnancy loss, health practitioners, registrars, charities and academic experts with knowledge and experience of pre-24-week pregnancy loss. It is vital that the Government look into this sensitive and timely issue. I encourage Members across the House to support this important clause.

On Clause 4, under the Coroners and Justice Act 2009, coroners currently do not have jurisdiction to investigate when a baby has not shown signs of life independently of its mother. Coroners can investigate if there is doubt as to whether a baby was stillborn but must stop if inquiries reveal that the baby was in fact stillborn. There have been calls for coroners to do more than this and to be able to investigate stillbirths, providing a transparent and independent assessment that will contribute to learning and improvements in maternity care. Clause 4 places a duty on the Secretary of State to prepare and publish a report on whether and, if so, how the law ought to be changed to enable or require coroners to investigate stillbirths.

The Government support the clause. We have already committed to look into extending coronial jurisdiction to stillbirths and to see whether there is a role for coroners that could support what is already happening in the NHS. Much work has been done to improve the ways that stillbirths are independently investigated, with learning fed back into practice. Recently, for example, the remit of the Healthcare Safety Investigation Branch has been extended to enable investigations of some stillbirths, neonatal and maternal deaths and birth-related brain injuries. But the Government agree that we should look at what coroners can add and produce a report on whether and how they should be involved in investigations.

To that end, officials in the Ministry of Justice and the Department of Health and Social Care have been exploring the issues and engaging with stakeholders. These include coroners and the Chief Coroner, medical professionals and academic experts, as well as bereaved parents and representatives from third sector and voluntary sector organisations. It has been invaluable and I add my thanks to those who have contributed. We are making good progress in developing our proposals and we will publish them soon. The sensitive issues and range of views means it is important that we fully consider everything that people have told us. It is also clear that we need to engage with the wider public to hear their views to make sure that any actions we take are the right ones. This clause is a very important step towards that.

This has been an excellent debate and I know that noble Lords recognise the importance of taking forward these changes in some very key and sensitive areas. The Bill will modernise how marriages are registered, introduce the provision for opposite-sex couples to enter into a civil partnership and provide for reports to be produced on whether there should be provision to register pregnancy losses and whether stillbirths should be referred to the coroner. These are key areas of people’s lives.