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

Debate between Baroness Barker and Lord Collins of Highbury

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

[Baroness Barker]

My Lords, I intend to be as brief as possible, not least because I wish that the noble Baroness, Lady Hodgson, will not have to continue to be as amazing in her stamina as she has been so far. I direct the Committee to an issue of considerable concern. Clause 3 deals with registration of pregnancy loss. It asks for there to be a report into whether it should be possible for those who have suffered pregnancy loss before 24 weeks to have that registered. I will not go back into the arguments put so eloquently by my noble friends Lady Benjamin and Lady Brinton.

Similarly, Clause 4(1) asks for a report to be conducted by the Secretary of State into the involvement of coroners in the investigation of stillbirths. We know from Second Reading that this is similarly a very important and sensitive issue. However, the problem is that the rest of Clause 4, in particular subsection (4), confers on the Secretary of State quite wide-ranging powers to bring about regulations in the light of that report.

My contention is simply this: I understand the sensitivity and importance of the issue, but I do not think that Members of this House or of another place have yet been able to understand the very deep and serious issues on both sides of the argument. Obstetricians and gynaecologists have some fears that the involvement of coroners may impact on their professional practice and their ability to talk openly with patients, for whom this is a very sad reality. Equally, on the other side there are those who believe that the current system is wrong and that coroners should be involved. I take no view on that; I simply think that Parliament should be able to consider the case in much more detail.

It is therefore wrong at this stage to go ahead with these wide-ranging Henry VIII powers. Today, all that I ask is that the noble Baroness. Lady Hodgson, might undertake to talk with some of us between now and Third Reading, to see whether we can find a way to deal with something which we all agree is important, so as not to jeopardise her Bill.

[Lord Collins of Highbury]

The Delegated Powers Committee made a clear recommendation, and the reasons for it were clearly set out. I totally agree with the noble Baroness, Lady Barker, that this is not about saying that Parliament should not do these things but just, “Let’s wait for the evidence and then act”. We have the opportunity to act, so I am minded to support the noble Baroness.

Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014

Debate between Baroness Barker and Lord Collins of Highbury

Thursday 27th February 2014 Lords Chamber

[Baroness Barker (LD)]

My Lords, there is an African proverb which says:

“If you want to go fast, go alone. If you want to go far, go together”.

We are coming to the end of a very long legislative journey. It began in 2002 when my noble friend Lord Lester drafted the first civil partnership legislation, which was withdrawn but was then swiftly taken up and adopted by the then Labour Government, for which they deserve enormous credit. It continued with my right honourable friend in another place, Nick Clegg, in early 2010 stating his position that there should be equal marriage. He was closely and swiftly followed by David Cameron, who deserves enormous credit. My redoubtable colleague, Lynne Featherstone, notwithstanding the fact that this was not in the coalition agreement, announced in 2011 that there would be a consultation on equal marriage and civil partnership. It is as a result of all that work that we have arrived at the situation we are in now.

It was a joyous day on 15 July 2013 when, in the sunshine, we were all serenaded by the London Gay Men’s Chorus outside, as they celebrated with us several weeks and months of very hard work by Members from all parts of your Lordships’ House. We were steered through that process so ably by the noble Baroness, Lady Stowell of Beeston, in a truly remarkable piece of ministerial work. It was a momentous occasion. Since last summer it has been my privilege to meet people all over the UK. I have been a Member of this House since 1999 and I cannot remember so many members of the public going out of their way to express their thanks to this House for doing its job in passing this legislation. They know the true import of what it will mean in their communities.

There has been one very recent discordant note, from the House of Bishops Pastoral Guidance on Same Sex Marriage, issued on 15 February. It was a somewhat dispiriting announcement, and we have to accept that for our colleagues who are members of the Church of England and the Church in Wales, their road to equal treatment will be longer and tougher than they had perhaps expected. I say to the bishops that the default position in the legislation throughout our discussions was that those religions that did not wish to recognise or to celebrate same-sex marriage would not have to do so. At every point that was conceded. Throughout our debates on the subject, those of us who believe the church’s position to be wrong held our peace, and we have still not had that discussion.

However, I hope that the bishops will understand and respect that even in these statutory instruments that same spirit of recognition of their position remains, particularly in the recognition of military chapels and on shared premises. I hope that the individual members of churches who support same-sex marriages can look forward to a point when they can have a dialogue with those members who do not yet formally support them. The noble Lord, Lord Alli is right. The legislation for those of us who have the great luck to live in this country means a tremendous amount. All over the world our friends and colleagues who are gay face the most horrible oppression and intimidation. The church, as with other organisations, has a role to play in making those people’s lives safe.

On 29 March, England and Wales will take one step further to becoming countries that afford dignity and respect to all citizens, including those of us who are gay. I am delighted that Scotland will be coming along fairly swiftly afterwards. I thank all noble Lords and Members of another place who joined the person who today I can call my noble friend Lord Alli, me and the rest of us on what has been a truly wonderful journey.

[Lord Collins of Highbury (Lab)]

My Lords, I, too, want to associate myself with the remarks of noble Lords this afternoon, particularly those of my noble friend Lord Alli. I, too, congratulate Stonewall on all its hard work across all parties in ensuring that this final act of equality is achieved. In particular, I agree with the remarks of my noble friend Lord Alli about Ben Summerskill, who has done a tremendous job over recent times, and, of course, I welcome Ruth Hunt as the acting director of Stonewall.

This country is now a beacon of equality. I am proud of the record of the previous Government in achieving many changes, not least bringing in an equal age of consent, civil partnerships and the end of discrimination; I am incredibly proud of all those things. I am proud, too, of this Government and of our Prime Minister, who was determined to see this final Act of equality through. Therefore, I want to associate myself with all noble Lords who have spoken today. This country is indeed a beacon of equality but, as noble Lords have said, it brings into sharp focus the difference with those countries where homosexuality is still illegal—indeed, not only illegal but a criminal act punishable, in some cases, by death; some of us have seen the horrific films that have been circulated.

I am also proud of the tremendous cross-party support. Today is one of those rare occasions where I want to break with convention and refer to noble Lords opposite as my noble friends, because they have become friends in this fine battle. Politics is often personal, and I declare an interest in that I have been in a civil partnership since the very first day it was possible. My husband and I were incredibly proud when we were able to do that. We had planned the ceremony for 12 months previously but, ironically, the delays in this House delayed our ability to set the date that we wanted, which was on my birthday. As it happened, my birthday fell on the day when civil partnerships came into force, so we were able to do that. However, my husband has said to me in the strongest possible terms, “Why can’t we get married? It has been in the papers, it has been announced and our families are ringing us up. My niece and nephew spoke to me only last week and asked why we can’t get married”. At one point, my husband suggested—my noble friend Lord Alli knows this—“Let’s get divorced so that we can get married”; I managed to put him off. Some friends of ours who had been in a civil partnership—again, my noble friend Lord Alli knows these people—were so confident and so proud that they proposed to each other on Christmas Day, invited all their friends from New York to come over in March and even booked the hotel. Then they discovered that they would not be able to marry because they were in a civil partnership.

I do not want to be churlish because it is fantastic news that the date has been brought forward. It is fantastic that we will see the first same-sex couples getting married so soon. However, I must associate my remarks with those of the noble Lord, Lord Jenkin. Why does it take so long to organise allowing people to convert their civil partnerships into marriage? I am pleased to see the noble Baroness, Lady Stowell, who did such a fantastic job in pushing the Bill through Parliament, here. She knows that I raised at the very first stage the question of when we would be able to have a ceremony to convert our civil partnerships into marriages. She gave me those assurances and I know that the assurances are there. Will the Minister, in her response, please do more than say, “We hope by the end of the year”? Will she set a date as quickly as possible? It does not matter when that date is. We are like other people who get married in that it takes a bit of planning—in my husband’s case, a lot of planning—and we need to book things. So will the Minister please set the date, so that I can set the date?