Civil Partnership (Opposite-sex Couples) Regulations 2019

Baroness Hodgson of Abinger Excerpts

Tuesday 5th November 2019 Lords Chamber

[Lord Cashman (Non-Afl)]

My Lords, I support of the amendment in the name of my noble friend Lord Collins of Highbury. I will not rehearse the very powerful statement that he made to your Lordships. I too spoke in the debate and supported the Private Member’s Bill, so ably and rather brilliantly presented and steered through this House by the noble Baroness, Lady Hodgson. I had concerns about discrimination continuing despite these regulations coming into force. I share the deep concerns of the Joint Committee on Statutory Instruments and I would welcome the Minister’s response to the items raised by my noble friend Lord Collins.

I also have to reflect on this as someone who undertook a civil partnership and welcomed the work that was done. It is good to see the noble Baroness, Lady Hunt of Bethnal Green, in her place; I am sure that if she had made her maiden speech by now, she would be taking part rather forcefully in this debate. I recognise the work that she and Stonewall, and many others, did to achieve consensus on equal marriage.

This country is better for the fact that equality is shared, regardless of difference or perceived difference. Why do I say, “perceived difference”? It is because, although I am not blessed in having children—I think that an atheist can use the term “blessed”—I believe that everyone wants to see the best for their child, offspring or partner. To see same-sex couples, along with opposite-sex couples, having the opportunity to celebrate their relationship and commitment of love publicly makes us all better for that commitment. I say that because within these regulations, we reinforce the principle of discrimination. Again, this was raised in our debate on the Private Member’s Bill. We reinforce the concept that religious organisations and bodies can choose to discriminate by saying that they do not or will not celebrate same-sex civil partnerships. Surely, rather than reinforcing the principle of discrimination within the regulations, we should be encouraging and reinforcing the principle of openness, and moving towards a universal celebration. Equally, opposite-sex couples cannot convert their civil partnership into marriage, so again we are reinforcing the principle of discrimination and inequality.

I know that the Minister is personally committed to the principles of equality; I believe in all good faith that so, too, are the Government. I am concerned about the perception now coming from the Home Office. She would expect me to say this, particularly given that I tabled an amendment to the Policing and Crime Bill, which was adopted by the Government in what became that 2017 Act, widening the disregards and pardons for those homosexual convictions which are no longer crimes. Two and a half years later, regulations come there none—despite repeatedly asking the Government to bring forward those regulations. I know that there are problems of capacity within all government departments in relation to the work that has to be done on Brexit but, in the end, we cannot excuse the fact that inequality rumbles on and blights the lives of those who carry these convictions, which often prevent them going into occupations which they love and would want to pursue. While these convictions remain, they cannot.

This is blighting people’s lives and I therefore urge the Minister to reassure me and others that the inequality raised within these regulations will be addressed swiftly. I am a non-aligned Peer—that sounds rather luxurious—but I still wish to call the noble Lord, Lord Collins, my noble friend. As he rightly said, let us get this through and allow those who may wish to take this wonderful opportunity—perhaps on 31 December or even 1 January—the luxury to say that in a country where we are equal, they celebrate the person they love regardless of the gender of that person.

[Baroness Hodgson of Abinger (Con)]

My Lords, I am extremely grateful to the Minister for her extensive explanation of the regulations before the House today. I know that she has taken a particular interest in the civil partnerships Bill and I am most grateful to her for her care and attention to it. As my noble friend has already said, I had the honour to sponsor the Private Member’s Bill in your Lordships’ House and I therefore welcome these regulations. I pay tribute to the honourable Member for East Worthing and Shoreham, Tim Loughton, who took the Bill through the other place.

As the House has already heard, these regulations are part of the commitment made during the passage of the Bill and we should not forget that they are of enormous importance to many people. There are over 3 million opposite-sex couples who cohabit and choose not to marry, and they support a million children, yet they do not have the legal protection that married couples or civil partners have. When taking this Bill through your Lordships’ House, I was surprised to receive such an enormous postbag on this subject and it was clear to me that many opposite-sex couples would like to formalise their relationship and enjoy legal security but not be married; they have waited a long time for this legislation to be introduced. However, these regulations extend only to England and Wales. Where have we got to in Scotland and Northern Ireland? I understand that there has been a Bill in the Scottish Parliament and I would be grateful if the Minister could update me on its progress.

I am grateful that the Government have given time to getting the Bill on to the statute book and that these regulations are before the House today. It was important that opposite-sex couples should be able to have a civil partnership before the end of this year, so I very much hope that, in spite of the impending general election, the regulations will still be able to come into force by 2 December and thus the first civil partnerships will be able to be registered 28 days later on 31 December this year.

This is, of course, just one part of the Civil Partnerships, Marriages and Deaths (Registration Etc.) Act. Will my noble friend update the House about progress on the other parts of the Bill—notably that mothers will be able to sign their child’s marriage certificates—and also on the two reports on registration of pregnancy loss before 24 weeks, and whether coroners will be able to investigate when a baby dies after 38 weeks’ gestation without having had independent life?

However, as I have already said, I enormously welcome these regulations. I am incredibly grateful to all noble Lords who have taken part in the passage of the Bill and are speaking to encourage these regulations to go through. They are a milestone in getting nearer to opposite-sex couples being able to have a civil partnership.

[Baroness Watkins of Tavistock (CB)]

My Lords, as a member of the Secondary Legislation Scrutiny Committee, I have had the opportunity of carefully considering these regulations. There are, without doubt, still imperfections with regard to the conversion of opposite-sex civil partnerships to marriage, as the noble Lord, Lord Collins, outlined so well. However, we need to proceed so that people who wish to have a civil partnership but are of the opposite sex are not disadvantaged. The noble Lord, Lord Collins, gave me some time at lunchtime to discuss this, because I feared that he might want to hold it up. His remarks, and those of the noble Lord, Lord Cashman, this afternoon brought home to me how very fortunate I was 38 years ago to be able to marry the person I love, and that other people were unable to form similar relationships because they were of the same sex. I thank those noble Lords for their generosity and support in enabling people of opposite sexes to have a civil partnership if they wish to, often for very personal reasons. I know of one person who was married but in a very abusive relationship who feels she could never marry again but would like a civil partnership.

I greatly appreciate that your Lordships do not want to hold this up, despite the fact that there remain some inequalities, which it is essential that the next Parliament resolves. I ask the Minister to ensure that opposite-sex couples will be able to form civil partnerships by the end of this year.