European Union (Withdrawal) (No. 6) Bill

Debate between Baroness Deech and Lord Wallace of Tankerness

Committee: 1st sitting (Hansard): House of Lords
Friday 6th September 2019 Lords Chamber

[Baroness Deech]

My Lords, much more heavy weather has been made of this than I intended. I have a couple of opening comments: it is a pleasure to see the noble Baroness, Lady Falkner, over here, and I say to the noble Lord, Lord Kerr, that those who draft law are not thereafter charged with interpreting it. Once they have launched their draft, it is over to others to interpret it. I do not claim by any means to be a European lawyer—far from it—but my point is very simple: if an extension is granted to 30 January, the Commons gets two days to consider it. If an extension is granted to 31 January, it gets no time at all. I have still heard no reason or sense for why that should be so, and I remain convinced that this was some drafting oversight.

No one has clarified either whether the “two days” are sitting days or calendar days. What if an offer comes at the weekend, during the Christmas Recess or some time when we are not here? Since the lawyers, both the noble and learned Lords in this House and those who are clearly just as learned but are mere QCs, have different opinions about this, it is quite possible that something that is a bit tricky may come our way at a time when we are not sitting or when the Act provides no two-day pause for the Commons. So either the Commons should have two days to consider anything or it should not have two days at all. I have heard no logical answer to that.

I sense that it is the will of the House that I withdraw the amendment. However, before Report, I expect to hear some sense from someone. I do not know who gave the draftsmen their orders. I have not yet heard a sensible reason why an extension to 30 January gets two days’ consideration but an extension to 31 January does not.

[Lord Wallace of Tankerness (LD)]

Perhaps I may try to give an explanation. It is because Clause 3(1) specifically states,

“at 11.00pm on 31 January 2020”.

By definition, that would have been passed by the House of Commons, as indeed it did on Wednesday this week. Therefore, it does not really need two days to agree something that it has already agreed to and put in statute.

[Baroness Deech]

I understand that point, but, given that there has been enough disagreement to worry me about what the European Union might say—others who know much more than me have expressed different opinions—and we are left with this “two days” definition and nobody knows what it means, I think that there is a real legal problem. I do not know who drafted it; I do not know who gave the orders; we have not really heard a logical answer. I beg leave to withdraw the amendment, but I expect someone to give a proper explanation at some stage during the discussion, because we are in a bit of a legal pickle over that provision.

Marriage (Same Sex Couples) Bill

Debate between Baroness Deech and Lord Wallace of Tankerness

Monday 24th June 2013 Lords Chamber

[Lord Wallace of Tankerness]

That is the responsibility of a different department. I would be very brave to make that kind of commitment here without consulting, but I am sure that my noble friend’s words will be noted. The noble Lord, Lord Elystan-Morgan, made the point that he never liked the arguments about vehicles. I am not really trying to make that argument, because I have argued that there are in fact some very serious differences. The noble Baroness, Lady Hollis, also made the point that the issues being raised are really not appropriate for this Bill. They are relevant perhaps to a finance Bill rather than a partnership Bill, as they relate to the rules of inheritance tax or the terms of benefits.

As the noble Baroness knows, those arguments have been well rehearsed. I was not in your Lordships’ House nine years ago, but my noble friend Lady Northover has said in response to one or two of the comments that have been made, “Oh, I remember that point being made then”. The Government then sought to oppose proposals of this kind, and this Government share the view that civil partnership, as it then was and as it has evolved and developed over time, is not the appropriate place to open up these new, significant policy questions. The review is about civil partnerships. It would be inappropriate to open it up to look at unrelated issues of carers and family law, and particularly the question of tax and benefits. We have also indicated that we do not wish to delay or add to the cost and complexity of a review which the Government have committed to undertake as soon as possible in response to calls that were made in the other place. The other issues that are opened up are vast, as the noble Baroness, Lady Hollis, made clear. I therefore ask the noble Baroness, Lady Deech, to withdraw her amendment.

[Baroness Deech]

My Lords, before I forget, perhaps I may correct the Minister on the following point: it was Irving Berlin who was invited to the White House to discuss politics and the conduct of a war. It was only much later that it was discovered that the President had called for Isaiah Berlin.

I am grateful to all those who have spoken. Our discussion has caused me to focus on three themes. The first is obvious: there is no time to waste. There are lots of old folk who need help. Every time I have inquired at the Whips’ Office or the clerks’ office when Bills have come forward, I have been told, “Oh, it’s not relevant. This won’t do for siblings”. It is not that the issue has been forgotten, as some have said.

I am focusing also on freedom of choice. Once this Bill has passed, everybody in the country who is over 16 will be able to choose to enter a legal bond with somebody else, except those who are related. That is why I do not support the noble Lord, Lord Lester—as he knows—in relation to cohabitants. They can choose; they could get married. Maybe in future they could have a civil partnership and make a contract if they have not done so; I would not dump our very unsatisfactory matrimonial law on them without their choice. However, siblings have no choice at all. They are faintly recognised as relatives in some other laws, but there is really very little help for adult siblings.

There has been some talk of my amendment somehow devaluing equal marriage. I say to those who have made that point that this Bill is about equality. Those who are gaining equality should not rest on their laurels. On the contrary, having reached their target, they should hold out their hand to others to give them the same help, despite perhaps the same objections, as is being given in this Bill for same-sex marriages. It is not a religious question. I cannot imagine for a minute that any review would ever expect any religious authority to bless the union of related people. Religion has nothing to do with it—so I did not quite follow the argument of the noble Lord, Lord Alli. What I am thinking of is some union—it need not necessarily be a civil partnership—some formal contract or some recognition that could be extended to siblings, and, believe me, there has been no opportunity to do this in any of the Bills that I have followed during the past few years.

I support the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Hollis, in saying that this need not cost anything in relation to inheritance tax. It could be rolled over; it could be deferred at nil cost to the Government.

I do not agree with those who say that civil partnerships are different. Sex has got nothing to do with it—some chaps here may not agree with that—now that we have changed the definition of marriage. Even at the moment, if two people get married, no one inquires as to whether it is a sexual relationship. As we all know, neither adultery nor consummation will play any part in remedies or definition of marriage in the future. This really has nothing to do with sex. We are not talking about sisters committing incest—that is a crime anyway. We all realise that that is beyond the bounds of possibility; it is nothing to do with that. It is to do with the fact that the whole definition of marriage has changed. My bet is that a new case before the European Court would probably succeed because the law of Europe prohibits discrimination on the grounds of birth, status and sex inter alia. I cannot see a ground for not extending some advantages, as appropriate, to those who are related and therefore unable to take advantage of all the variety of unions that are open to others.