Legislative Reform (Civil Partnership) Order 2011

Baroness Hamwee Excerpts

Monday 7th February 2011 Grand Committee

[Lord Smith of Finsbury]

My Lords, I want to contribute briefly to the discussion on this proposed order because I think I am right in saying that I am the first Member of your Lordships' House to enter into a civil partnership, as I did nearly 5 years ago. I regard it as one of the most progressive and forward-looking steps that we, in this country, have taken over the course of the past decade or so.

The order is wholly welcome. It makes a relatively minor and sensible change in enabling the performance of a civil partnership ceremony to take place where consular staff are locally drawn, rather than originally based here in the UK. This will enable more civil partnerships to take place. It is therefore a very good thing.

However, the debate enables us to reflect on the interesting table attached to the order and its Explanatory Notes that set out the status regarding civil partnerships in a whole range of different countries across the world. There are of course some countries where homophobia is not only rife but encouraged at the moment. We have only to think of some of the very distressing occurrences in Uganda recently to know that that is the case. Sadly, I suspect that it will be many years before we are able to see civil partnerships performed for British nationals in Uganda.

There are many countries across the world, some of which are full members of the European Union, where British nationals resident in that country would not be permitted to perform a civil partnership ceremony under the auspices of the British consul. I hope that the Government will continue to make representations to those Governments where we might have a degree of influence, either through common membership of the European Union or from old Commonwealth ties, to ensure that a more progressive and liberal approach to the possibility of civil partnerships is gradually taken in some of these countries. It would be very interesting to hear from the Minister exactly what steps are being taken in that respect.

Having said that, I believe that this order is entirely welcome. I fully support it. It is a sensible measure and I am very pleased that the Government are bringing it forward.

[Baroness Hamwee]

My Lords, on behalf of the Liberal Democrats, I, too, am very happy to see this order. Perhaps I may say that this is the most sympathetic, human and humane Explanatory Memorandum to any parliamentary document that I have ever seen. I was very impressed at the account of what some individuals did to assist the situation using free time in their diaries. I suspect that the high commissioner who was so helpful in Brisbane is well known to Members of this House. I would have expected no less of her, but it was nice to read about it.

Like the noble Lord, Lord Smith, I, too, am concerned about the wider issue. I appreciate that the Minister is not in a position to do more than make sympathetic noises to these representations. Nevertheless, it is right that we should do so. I was almost as much as anything dismayed at the list of countries in the table which did not reply, but which it was believed would object. That says a great deal.

I hope and would encourage the Government to work as far as they can at the recognition of civil partnerships in those countries. The UK recognises a number of overseas same-sex partnership schemes across and beyond Europe, but this is not widely reciprocated. This order is extremely welcome.

[Baroness Symons of Vernham Dean]

My Lords, my contribution has been largely pre-empted by what my noble friend Lord Smith had to say. The Committee will not be surprised to learn that Her Majesty's Opposition fully support the order. It is a sensible flexibility to the current arrangements and a real advance for those who would otherwise have to travel long distances in order to register their civil partnerships. It is important to recognise that in one sense this is part of a series of changes in the devolution of powers in the Diplomatic Service to locally engaged staff. We have seen that particularly in commercial sections and increasingly in consular sections in our embassies, high commissions and consulates throughout the world.

In the coalition’s business plan for the Foreign and Commonwealth Office, there is a clause that says that the coalition Government will continue to slim down consular services across all our embassies, high commissions and consulates. Does that mean that the Minister envisages that, increasingly, locally engaged staff will undertake work that has heretofore been undertaken by members of the Diplomatic Service?

My question is similar to that posed by my noble friend in relation to those countries where same-sex relationships are currently illegal. Can the Minister tell us in what countries we are actively engaged in discussions with their Governments on that point? There is a rather more subtle point as well. In a number of countries in the world, same-sex relationships are not necessarily illegal but are not necessarily welcomed by a number of institutions. What training of locally engaged staff are Her Majesty's Government undertaking in this respect so that those who might have misgivings about officiating at same-sex civil partnerships not only are made to feel comfortable themselves but do not make those who are engaging in civil partnership ceremonies feel uncomfortable when they come for such an officiation?

I noted that during the consultation period, Stonewall and others responded to the order in an entirely positive way. I also remind the Committee that this was something begun under the previous Labour Government and I would therefore expect spokesmen on this side of the Committee to give it full support. Will the Minister engage in the slightly wider point about the devolution from the Diplomatic Service to locally engaged staff of other forms of consular activity?