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

Debate between Baroness Barker and Baroness Deech

Committee: 1st sitting (Hansard): House of Lords
Friday 1st February 2019 Lords Chamber

[Baroness Barker]

Having sat through debates on all the relevant legislation, I believe it is not possible to be simultaneously in a civil partnership and a marriage. That is not allowed under either of the laws.

[Baroness Deech (CB)]

My Lords, I support the noble Lord, Lord Lexden, because there is unfairness to siblings and I do not go along with the rather emotional arguments that it is somehow inappropriate to extend any form of union to them. There is no solid evidence behind that; it is simply subjective. I hope the Government will treat them fairly one day, if not today.

In Vitro Fertilisation: 40th Anniversary

Debate between Baroness Barker and Baroness Deech

Thursday 13th September 2018 Lords Chamber

[Baroness Deech]

My Lords, many years ago, before I was in this House, I was summoned to give evidence to a Select Committee of the Commons about the HFEA. I had hardly sat down when the chairman looked at me and said, “Who do you think you are, playing God?” I did not miss a beat. I said, “I am playing God because that power was given to me by Parliament”. I mean, who else could give me such a power? It goes to show how important, and how efficient, our law-making has been in this area, largely because of the expertise that was evident in this House then and is still evident today. This topic shows just how valuable the membership of the House is—it is full of ethicists, doctors, obstetricians and gynaecologists, theologians, and other people who know how these things work.

I thank the noble and learned Lord, Lord Mackay, for his contribution; I also thank the noble Baroness, Lady Thornton, the noble and right reverend Lord, Lord Harries, and many others who, over the years, have pushed forward the legislation or helped to improve it, or have served on the HFEA. When we have debates in the future, as we must do, about surrogacy and genome editing, I expect that same expertise to show itself. It is a very good example to the outside world of why we have a second House and why many of our Members are appointed on the grounds of their expertise.

Guiltily and belatedly, I pay tribute to Jean Purdy, to whom I should have given credit. There is a certain element, in science generally but also in this field, of rather overlooking the contribution of women. My experience when visiting clinics and seeing patients was that IVF was very much something that powerful and confident men did to grateful, subservient women. I heard one in vitro fertilisation doctor say, “I have made a thousand women pregnant”. I wondered quite what was going through his mind and how badly he took it when it did not work.

There is another unsung female hero, if that is the right word: Mrs Brown. We appreciate the birth of Louise Brown, but let us imagine and reflect on the courage and fear that must have gripped Mrs Brown as she waited to give birth to the first-ever IVF baby.

[Baroness Barker]

We have talked today about how Louise Brown was the first IVF baby, but we have not mentioned the most wonderful thing of all, which is that loads of people in Oldham, some of whom I know, were invited to take part in this world-leading research programme. They took part not because they had money but because they lived in a United Kingdom that had a National Health Service. So it is absolutely right to mention Mrs Brown, but a whole load of men and women in Oldham, whose names will never be known, played a really important part in all of this.

[Baroness Deech]

I am very glad to hear that intervention from the noble Baroness. I have often thought about Mrs Brown and it is very sobering to realise how many other people contributed to the eventual success.

I look forward to this House debating changes to surrogacy reform, which I hope will come soon. I hope also that we will debate genome editing and how to regulate it in the future with the expertise that we have.

There is just one issue that I remain unhappy with. I think that there must be a missing letter. The noble Lord, Lord O’Shaughnessy, referred to a letter to me from, I think, Maria Miller. I wrote to the noble Lord in mid-July but I have no recollection at all of receiving a response.

Civil Partnership Act 2004 (Amendment) (Sibling Couples) Bill [HL]

Debate between Baroness Barker and Baroness Deech

2nd reading (Hansard): House of Lords
Friday 20th July 2018 Lords Chamber

[Baroness Barker (LD)]

My Lords, it is a great pleasure this morning to put on record my admiration for the noble Lord, Lord Lexden. I do not know him particularly well, but over the years I have watched the many things that he has done, particularly within his own political party, to secure greater equality for LGBT people. I admire much that he has done. It will surprise nobody, least of all him, that today I profoundly disagree with him, but I hope we will continue in future to be allies on other matters.

I disagree with him today because I believe that this proposal has a fundamental and dangerous flaw. I accept that, back in 2004, the people who proposed extending civil partnerships in this way did so to wreck the then Civil Partnership Bill, and they very nearly succeeded. The noble Baroness, Lady O’Cathain, very nearly succeeded in doing so. I also accept that today that is not the motivation of the noble Lord, Lord Lexden. None the less, I believe that the path he has chosen to pursue is wrong. In 2004, the noble Baroness, Lady O’Cathain, took her lead from the Christian Institute, one of the first organisations to import into this country a rather brutal form of evangelical Christianity from the United States. I think noble Lords will find it worth reading the documents which the institute produced at that time to see the fundamental underlying motivation for the proposal.

It is wrong to equate the relationship between siblings and family members with relationships between adults which are entered into voluntarily as loving relationships. It is simply wrong. Consanguinity is not something that we can ignore in this matter because it has a profound effect upon relationships. I shall pick up one point made by the noble Lord, Lord Lexden. He talked about equalising the relationship of siblings with people who have particular lifestyles they have chosen. Being gay is not a lifestyle and, for some of us, it is not a choice. We are who we are and our relationships as gay people are fundamentally different from the relationships that we have with our siblings. The noble Lord, Lord Lexden, and many other noble Lords made the point that the purpose of the Bill is to end discrimination or to support siblings—although I noticed how many of your Lordships talked about daughters, and I will come back to that in a moment—supporting their family. The noble Lord, Lord Lexden, is not, I think, proposing that children should enter into civil partnerships with their parents. However, if one accepted the basis of his proposal, one could argue that perhaps they should. I think that that is fundamentally wrong. It conflates two entirely different relationships and complicates them.

Let us get on to the complications. The noble Lord, Lord Lexden, has not talked about one particularly important matter: a civil partnership can be dissolved. You cannot dissolve your relationship with your family in the same way. You can become estranged, you can have the most horrible and distant relationship, you can fall out over property, but you will remain in that family. That is why I think the noble Lord, Lord Lexden, was wrong, as was the noble Lord, Lord Cormack, to say that this is a wholly beneficial measure which inflicts no harm on anyone. Imagine yourself in the position of a woman in a family with an overbearing, dominant brother or father and a significant property. Noble Lords have spoken this morning about couples they know. The couple who come to my mind—there were originally three siblings but one of them died; I do not know what we would do in a case where there were more than two siblings, but that is another matter to consider—lived on a farm. They were devoted to each other. They were members of my father’s church and wonderful people. If this proposal had been in place and one of those siblings had wished not to remain on that farm but to go away, imagine the pressure that there would have been on that woman. That is the dark side of this that no one has spoken about: the potential for abuse that it opens up. It is why I have maintained in all the discussions we have had that the noble Baroness, Lady Deech, is wrong. I can see that carers would come under enormous pressure to enter into a civil partnership. Incidentally, as I have said to her before, I think it is really interesting that no carers’ organisation has ever asked for this and, as far as I know, they do not support it. They support carers having much greater support than they do now but not being tied into a legal obligation such as this. I could not disagree more fundamentally with the noble Baroness. I do not for one moment question her motivation but I disagree with her entirely.

The Bill is fundamentally flawed. The noble Lord, Lord Lexden, talked about the “curious reluctance” of another place to consider this matter. I think it is a wholly understandable decision not to pursue something that is fundamentally flawed and potentially dangerous.

[Baroness Deech]

On a point of order, why would there be more duress on two family members to enter a civil partnership than on any other two people? Of course if there is duress, it is vitiated. Any contract or marriage or civil partnership that you enter into not of your own free will is invalidated. A civil partnership can be ended just like that, even if two people are family members. Given that there is a dissolution procedure, that would apply. There is an academic output, which I do not know if the noble Baroness has seen, that suggests that the pressure for civil partnerships, which is not just about money, between family members is a way of denying the sexuality of gay partnerships. Some 14 years have gone by and I think that argument is simply not tenable.

[Baroness Barker]

Yet again I disagree fundamentally with the noble Baroness; I think that is exactly what it is about. I also say to the noble Lord, Lord Lexden, that I am not guilty, and I do not know anyone else within the LGBT community who is, of wanting to keep civil partnerships as the preserve of our community. I support the extension of civil partnerships to heterosexual couples, although that debate is for another day, but extending it to people who as adults come together of their own volition, with no baggage and no pressure, is completely different. The noble Baroness dismisses some of the great tensions of family life in her submission.

I believe the noble Lord, Lord Hamilton, is right that the Bill is trying to deal with a matter that should be dealt with by the Treasury because it is about fiscal matters. I would warmly support anyone who wished to find some way of addressing those issues of inheritance tax. However, you do not solve an injustice by putting in place something that is equally unjust and open to great abuse. I genuinely believe that this is a wrong and dangerous move. I hope that, just as 14 years ago, we in this House and people in another place will see this for the great mistake that it is and stop it.

Care Bill [HL]

Debate between Baroness Barker and Baroness Deech

Monday 29th July 2013 Lords Chamber

[Baroness Deech]

My Lords, we start from the position that the European Court of Human Rights found that the situation was discriminatory. As far as I am concerned, it has nothing to do with the Christian Institute or attacks on civil partnership. I have nothing to do with the Christian Institute. I got interested in the Burden sisters’ case because two of my former students were their barristers and the two ladies wrote to me. I then remembered all the other situations that I knew about.

This is not a question of forcing a relationship on anyone. We all know of situations where two people choose to live together: no one has forced them to and either of them could have moved out years ago. There are many of these situations around the country. Two family members have lived together voluntarily and feel slighted when death and other difficult legal situations pop up and there is no proper law for them. That is why I said in my amendment that I was referring to adults who have lived together for five years—I could easily have said 20 years and it would have come to the same thing. I am no longer pushing for a relationship because that has been seen by many in the House to be inappropriate. However, I think it would be heart-warming to those who have written to me and taken an interest in this if the House were to be a bit more generous-spirited towards people who find themselves in this situation. It is a question of equality in a situation where the European court did find that there was discrimination.

People are not tied to each other in such a way that one might take advantage of inheritance tax relief—they have chosen to live together and would expect a hand of equality to be offered to them. The noble Baroness, Lady Northover, pointed out that only a very small number of people pay inheritance tax. The other side of the coin is that, if there were some generosity, for example towards siblings in this situation, a very small number would be affected. As far as I understand it, avoiding inheritance tax is rather more complicated than the noble Baroness has indicated. It takes quite some confidence to start making gifts when you think that you only have seven years to go. As far as I know, if you carry on living in the house, it could hardly be regarded as a gift that you have handed over to someone else; you would have to move out to make it plain that it was a gift.

I hope that between now and Report, the Government would at least give some indication that they will look at inheritance tax in the situation that I have described. Otherwise I might well choose to come back to this in the interests of those who have written to me and who feel that they do not get the same generous treatment on death as others. In the mean time, I beg leave to withdraw my amendment.

[Baroness Barker]

Before the noble Baroness does that, I would just make a point of fact. If people make arrangements in respect of their property for the purposes of minimising their inheritance tax, they do not have to move out. That is a matter of fact—they can continue to live in the property. I would not like people watching our debate to take what the noble Baroness has said as fact. I believe that she is wrong.