(4 years, 1 month ago)
Lords ChamberMy Lords, as I said, the UK remains committed to the SDGs and to the underpinning pledge to leave no one behind as we strive to achieve them. The Prime Minister said in his statement to the UN high-level event on financing for development at the end of May that, following Covid-19, there is every need for us to work together to advance shared international objectives, including the SDGs. The SDGs will therefore remain central to the new department’s mission.
My Lords, given that Covid-19 has exacerbated gender inequality, pushing the rights of women and girls backwards, how will we ensure that more girls across the world are able not only to go to school but to stay in education at secondary level? Without girls’ education, SDG 5 will be impossible to achieve.
I completely agree with my noble friend. We know that we will not achieve all the goals without strong action on gender equality, and women and girls are key to their success. We absolutely agree on the importance of girls’ education. The Prime Minister and the department champion the right of every girl to 12 years of quality education.
(4 years, 4 months ago)
Lords ChamberMy Lords, I thank the noble Baroness for her congratulations; I am delighted to become a She Decides champion. I agree that it is important that we fund NGOs on the front line delivering the response to Covid-19, and that is what we are determined to do.
My Lords, small organisations and those working at grass roots are able to deliver most help to victims of domestic violence. Given the rise of gender-based violence during this crisis, can UK aid be directed more to supporting small organisations giving such vital help to victims? Can our posts overseas help with identifying the best organisations in-country to support?
I entirely agree with my noble friend. In the UK we have many excellent small charities that deliver these vital services, including in respect of gender-based violence. DfID has a small charities challenge fund which was developed to ensure it can support these charities, and its posts on the ground are working to help identify them. A review process is ongoing. Applications that will address the impact of Covid-19 are being prioritised and a further round will be opened in the next few weeks.
(4 years, 4 months ago)
Lords ChamberMy Lords, the UK played an instrumental role in establishing the SDGs, and even before Covid-19, we knew that global progress was off track. I am particularly concerned with goal 4, on quality education, and goal 5, on gender equality. The SDGs have a key role in framing and shaping recovery, and the decade of action will be more crucial than ever. We will use the international opportunities we have to build our continued SDG leadership, and we will include in that the SDG summit at UNGA this September and our G7 presidency next year.
My Lords, women and girls are being disproportionately affected by the impact of Covid-19. Can the Minister please assure me that DfID will address the specific vulnerabilities that women and girls face in the light of the pandemic, and, looking ahead, that women and girls will remain a key focus for DfID?
I thank my noble friend for that question. She is of course right that during times of crisis, the rights of women and girls are often overlooked. In this time of crisis, when people are at their most vulnerable, women and girls need our support more than ever. We must learn the lessons of past epidemics and explicitly include the needs of women and girls as part of our humanitarian response, and in order to stop more lives being needlessly lost. We are therefore working with our international partners to act now, putting gender at the heart of our response. The impacts of coronavirus are not gender-blind, so nor should our response be.
(4 years, 9 months ago)
Lords ChamberMy 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.
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.
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.
(5 years, 2 months ago)
Lords ChamberMy Lords, I too thank the noble Lord, Lord Loomba, for bringing forward this debate today, to highlight the important issue of widows in developing countries and to mark International Widows Day this year.
I pay tribute to a friend and colleague, Margaret Owen of Widows for Peace through Democracy, who, through many years of determined work and tireless campaigning, got this issue on to the international agenda. As we have already heard, in most developing countries a strong culture of patriarchy prevails, making it very difficult for women on their own. Widows suffer from multiple discrimination, and are too often victimised and abused. While women are often the poorest in a society, widows are the poorest of the poor, and widowhood is one of the most neglected of all the human rights and gender issues. This hardship can affect future generations as family stability is destroyed. Through resulting poverty, widowhood is a driver for children to be taken out of school and girls to be married at a very early age, thus perpetuating a life of underachievement and a lack of empowerment for the next generation. In these countries there is no mechanism for the voices of widows to be heard, or recognition of their struggles as sole parents and breadwinners.
Here in the UK we tend to think of widows as being older, but all the chaos and turmoil of armed conflicts, civil wars, revolutions and natural disasters of recent years has created millions of widows and wives of the disappeared, who become the most vulnerable in their societies. Like the noble Lord, Lord Hussain, I have visited Srebrenica and walked with the widows in the graveyard. It was absolutely unforgettable; their pain was palpable. The number of widows in countries such as Afghanistan, Iraq, Syria, Sudan and Congo has soared. The widows in these countries are often forced to beg—burka-clad widows on the roads in Afghanistan, or destitute widows in Congo trying to scratch a living, pushed to the side of society, remaining voiceless and invisible.
In some cultures, women cannot own property, land, bank accounts or even a job. How are widows meant to fare then? In some developing countries, where good national laws are introduced to tackle these injustices, the laws are not accessible to many as local justice prevails at the grassroots. So often, in spite of constitutional guarantees of equality, women are deprived of their legal rights to inheritance, land and property, and turned out of their homes because law reforms are not implemented. In some cases widows become victims of forced marriage, made to marry relatives of their deceased husbands.
There are no accurate statistics but, in 2017, UN Women estimated that there were 285 million widows globally. Lack of data, especially in war-torn countries, is a huge obstacle to influencing Governments to address the issue of widowhood and ensure that they receive adequate support. To help focus on this important gendered issue, perhaps we should encourage the creation of a UN special rapporteur on widowhood, which might bring adequate focus to bear. In the UK, we could consider that our next national action plan on UNSCR 1325 might include issues of widowhood in the targets and indicators.
Conflict, as we have already heard, creates thousands of “disappeared” men and, thus, half-widows. Men go off to fight; some just never return and there is no information about what happened to them or their whereabouts. Wives may wait many years in limbo without adequate support and never know whether their partners are dead or alive. I hope the House will forgive me if I speak from personal experience. My own mother was such a widow here in World War II. At the age of 22, she received a telegram saying that her pilot husband was missing, presumed dead, and she waited 10 years for him to return before giving up hope. It was always something that remained unsolved in her life, until about 15 years ago when she discovered what had happened by somehow managing to get hold of the Luftwaffe records of the pilot who had shot him down out at sea. Even the British Government never helped to find out what had happened to the missing after World War II.
On International Widows Day, we should not forget the situation in the UK where it is estimated that 500 women a day become widows, the majority by the age of 85. Here in the UK, where we have no culture of respect for the elderly, many of these women suffer from traditional discrimination and poverty. Many do not have good pensions; in rural communities, this can lead to widows becoming even more isolated and depressed when they are no longer able to drive, especially where rural bus services have been slashed.
We should not forget the widows of our brave military killed in action. There are still widows alive from World War II, and the recent actions, particularly in Afghanistan and Iraq, have created a significant number of widows. Do we have any idea how they fare and whether they feel adequately looked after? Could some study be carried out in the UK to look at the plight of widows here too?
In conclusion, widowhood is a much ignored issue both in the UK and in developing countries. However, it is more than just a gender issue; it affects all of society and its future since widows’ marginalisation and poverty affects the lives of their children. Will the UK consider asking the UN to appoint a special rapporteur on widowhood as a means of lifting the blanket of silence and invisibility from this very important gender and human rights issue?
(5 years, 2 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Lord; I think that I speak for all noble Lords when I express my appreciation of his support. I welcome the opportunity to speak in the debate and congratulate the Minister on securing time for it in the House.
The Women Deliver conference and this debate are forums where we can focus on gender equality and the health, rights and well-being of women and girls in the 21st century. This year, 40 years since the adoption of CEDAW, they give us the opportunity not only to celebrate some successes but to renew our commitment to women’s rights ahead of the UK’s voluntary national review of the SDGs next month. Indeed, it is important that we ensure continued focus. As we have heard, we are seeing a shrinking of space for civil society across the world and the global withdrawal of access to abortions and other reproductive health services from the US, with the targeting of women’s human rights defenders prevalent in many countries. We even see this rollback at the UN. As my noble friend the Minister told us, UNSCR 2467 on conflict-related sexual violence, passed in April, was not able to hold on to the language on sexual health and reproductive rights of the Beijing Declaration and platform for action.
Next year is a very important year: it is the 20th anniversary of UN Security Council Resolution 1325, the 25th anniversary of the Beijing platform for action and the fifth anniversary of the SDGs. The US will chair the G7 summit and Saudi Arabia is due to chair the G20. I am concerned that there will be further attempts to undermine global progress. The UK needs to stand firm for the hard-won victories on global gender equality and sexual and reproductive health rights.
Before I go further, I should draw attention to my various roles in development and women’s interest organisations as listed in the register of interests. In particular, I co-chair the APPG on Women, Peace and Security and I am a member of the steering board for the Preventing Sexual Violence in Conflict Initiative.
We could discuss so many issues this afternoon but I wish to focus on a few that I feel incredibly strongly about. As we have heard, it is in conflict countries that women suffer most, and their rights roll back. Since the adoption of the women, peace and security agenda through UNSCR 1325 in 2000, only 27% of peace agreements have referenced women. Between 1992 and 2011, women made up only 9% of negotiators in peace processes and 4% of signatories; that fell to 3% between 2008 and 2012. Yet we know that where women are included in peace processes, there is a 20% increase in the probability of an agreement lasting at least two years and a 35% increase in the probability of it lasting at least 15 years. We also know that unless women are included at the table, there will be peace and security in a country for only half the population and women will remain at risk.
The UK “holds the pen” at the UN on women, peace and security. However—forgive me, for I know that I have asked this question before—nearly 19 years after the adoption of Resolution 1325, why are Syrian women not allowed at the peace table? We should not have to justify why women should be included in peace processes; we should ask the men to justify why they are not. As we look at the tentative peace processes in Yemen and Afghanistan, where are the women? I understand that the US, which is convening the talks with the Taliban, has a law to include women in peace processes, but it seems that it is being totally ignored. How can we in the UK exert global influence to make sure that more countries adhere to what they have signed up to?
The Preventing Sexual Violence in Conflict Initiative, launched by William Hague and Angelina Jolie in 2012, brought this issue to global attention. As we have heard, it affects men as well as women, although the majority of victims are women. The initiative was always going to be a marathon, not a sprint, and the situation was and continues to be of such magnitude that it needs sustained and long-term effort. Can the Minister update us on the plans for the PSVI international conference that the UK will host this November, five years on from the 2014 global summit? We need to ensure that the UK and indeed the world does not lose focus on this issue and to keep the pressure up. One only has to look at the conflicts raging today—the high levels of sexual violence committed by Daesh against the Yazidis or the stories coming out of the Rohingya camp at Cox’s Bazar—to see how very relevant the initiative is.
I spoke in greater detail about the crisis involving adolescent girls in my Question for Short Debate earlier this year. UNESCO statistics tell us that girls are 2.5 times more likely to be out of school if they live in conflict-affected countries and that adolescent girls are a staggering 90% more likely to miss school. It is not unexpected that access to education is curtailed during conflict, but I put it to the House that the needs of adolescent girls are falling through the gaps of the global humanitarian response. It is clear that in conflict and crisis-affected settings, adolescent girls are at increased risk of a number of horrors which result in a greater need for sexual and reproductive health services due to unwanted pregnancies, STIs and unsafe abortions. Some 507 girls and women die every day in humanitarian contexts due to childbirth or pregnancy-related complications. The World Health Organization states that the risk of pregnancy-related death for adolescent girls is twice as high for those aged 15-19 and five times as high for those age 10-14 compared with a woman in her twenties.
Access to services and information is extremely challenging in humanitarian settings and is often inadequate and poor. Limits to girls’ mobility are often intensified and access is dependent on adults accompanying them to any safe space or health clinic where services may be provided. Twenty-six per cent of the adolescent girls interviewed by Plan International for its research reported having considered suicide at least once in the past 12 months. What was the outcome of the conference with reference to this specific sector of need? Can the Minister update us on how DfID is working across outward-facing departments such as the FCO, the DIT and the MoD regarding joint country plans? How many of them are gender-proofed for these issues?
Finally, as we have heard, it will be very difficult to empower women without them having power over their own bodies and the ability to control the number of children they have. I pay tribute to the noble Baroness, Lady Tonge, for her work in this area. It is estimated that each year worldwide, more than 200 million women want to avoid pregnancy but have no access to modern contraception and that 25 million unsafe abortions take place. The rollback on this from the US and others has to be resisted at all costs. It is an attack on women across the world. I was glad to hear from my noble friend the Minister that the UK will continue to support the work. We need to stand strong on this.
I realise that there are many subjects, such as the importance of girls’ education, that I have not touched upon. There is much in the work of the UK that we should be enormously proud of, such as the Girls’ Education Challenge, but so much more still needs to be done. Perhaps I may ask the Minister how much of our total aid goes to women’s NGOs or women’s organisations based in developing countries. It is often these smaller organisations working on the ground which can make a big difference. Can we make sure that we are working more on prevention rather than cure, and thus truly remain a leader in this field as we push towards the SDGs?
(5 years, 5 months ago)
Lords ChamberMy Lords, sadly there is still no country in the world where there is true gender equality in political, economic and social terms. International Women’s Day this year, with its theme “Balance for Better”, gives us a chance to take stock and celebrate the successes but also to identify the challenges that remain at home and abroad.
As my noble friend Lady Jenkin mentioned, I, and several of my noble friends, began political life in the Conservative Women’s Organisation. On Saturday, I will be attending the CWO centenary conference. I pay special tribute to my noble friend Lady Seccombe, who was Conservative vice-chairman for women for 10 years. Many of us owe our political careers to her encouragement and mentoring. She has made a real difference to so many on our side.
This morning we had the Third Reading of the Civil Partnerships, Marriages and Deaths (Registration etc) Bill, which I have helped my honourable friend Tim Loughton MP progress through this House. It will bring in simple but important changes for women. Since 1837 there has been provision for only the father’s name on a marriage certificate, and the Bill will enable mothers to witness marriage certificates too. It also requires the Government to prepare a report on how the law should be changed to permit the registration of pregnancy losses before 24 weeks, which cannot be registered as stillbirths under the Births and Deaths Registration Act 1953, and a report on whether coroners should be able to investigate late stillbirths, which would support the current work by the Department of Health and Social Care to improve maternity safety in the UK.
Next week, I and many other women from around the world will head to the UN in New York for the Commission on the Status of Women meeting. This year’s theme is access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls. The CSW meeting is the second largest of the year at the UN, yet almost nothing is heard about it in the media. Although the CSW is enormously welcome, can the Minister please tell us how the UK will work with others to improve the impact that the CSW makes across the world? In many countries, women desperately need international support.
I co-chair and run the APPG on Women, Peace and Security, and last autumn we greatly welcomed the UK’s fourth national action plan on UN Security Council Resolution 1325. I also congratulate our Ministry of Defence on launching JSP 1325, the policy on human security in military operations. This is vital in protecting civilians, especially women and children.
However, there is still much more work to be done. Eighteen years after the adoption of UNSCR 1325, why are Syrian women not allowed at the peace table? We should not have to justify women being included in peace processes; we should ask the men there to justify their exclusion. As we look at tentative peace processes in Yemen and Afghanistan, where are the women? You cannot have peace that excludes half the population. How can we, in the UK, exert global influence to make sure that women are included?
The Preventing Sexual Violence in Conflict Initiative, launched by William Hague—now my noble friend Lord Hague—in 2012, brought to global attention the fact that rape is used today as a weapon of war. This initiative was always going to be a marathon, not a sprint, and we must ensure that focus on this important issue is not lost. Its relevance is seen in the conflicts raging today, with the high levels of sexual violence committed by Daesh against the Yazidis and the terrible stories coming from the Rohingya camp at Cox’s Bazar. Can the Minister please update us on the plans for the PSVI international conference that the UK will host this year, five years on from the unforgettable 2014 global summit?
There are always many inspirational meetings around International Women’s Day, but the one that will remain with me this year was the APPG on Human Rights on Tuesday, when we heard from two journalists—women human rights defenders—Zaina Erhaim from Syria, and Nurcan Baysal, who is Kurdish and from Turkey. Listening to them was truly humbling.
We should never forget that there are many women around the world who, in spite of constant threat, continue to stand up fearlessly for what they believe in. As we safely celebrate International Women’s Day here in the Palace of Westminster, we must hold out our hands to them and offer our heartfelt help and support.
(5 years, 5 months ago)
Lords ChamberMy Lords, I think we all recognise that this is a very sensitive issue. One cannot fail to be moved by some of the speeches we have heard, but I am grateful to the Minister and to the right reverend Prelate the Bishop of Oxford for clarifying the matter at hand. I hope noble Lords feel reassured by the words spoken in the debate and that these matters are being considered carefully by the Church of England and the Church in Wales as part of the ongoing debate about the nature of marriage. I hope the noble Lord feels he can withdraw the amendment so that we do not hamper the excellent progress the Bill is making on some very significant matters.
My Lords, I think I can answer the noble Baroness with a reply to that very last point. I gave her my word during the week that I did not intend to divide the House at the end of the debate for the very reason she said. I would not wish to do anything that made it more difficult for the Bill to get through the House of Commons and become law. It is a very good Bill. I congratulate her on the way she has presented it. She sat patiently through a debate that was not directly on the main subject of the Bill, and I accept that. For that reason, I will not divide the House.
I would like to thank all my noble friends and other Members of the House who have spoken, so movingly and strongly, in favour of the principle contained in my amendment. I particularly thank the right reverend Prelate the Bishop of Oxford, whose tone in this debate, I have to say, was different from that of his brother bishop, the right reverend Prelate the Bishop of Chelmsford, who accused me in Committee of being divisive. I do not think I have been divisive, either today or on that occasion. It is important that the House has the chance to say to the Church of England, as the noble Lords, Lord Collins, Lord Cashman and Lord Elton, and the noble Baronesses, Lady Brinton and Lady Barker, have all said, that we want to see more progress from the Church of England in coming to its own decision, not at some point 10 years hence. My noble friend Lord Griffiths pointed out that five years have already passed since the Marriage (Same Sex Couples) Act 2013 was passed.
If this is going to synod next year, I hope that will be the occasion when the House of Bishops takes a lead and wins over other members of the synod. I am not seeking to dictate or force the Church of England and the Church in Wales to do things that they do not want to; I want them to understand just how much support there is for a change of this sort. I particularly appreciate the words of the Minister, with whom I also had a discussion about this Bill during the week. Her message, that the Government support progress, is one I hope the Church will take on board very seriously. The support of my noble friend Lord Kennedy is also very important. I thank everybody who has taken part. The message from this House is clear: it is over to the Church of England to make some progress. I beg leave to withdraw the amendment.
My Lords, I thank everyone who has spoken in what has been quite a wide-ranging debate, and in particular my noble friend Lord Hayward for moving the amendment. I am also grateful for the conversations I have been able to have with him in the past few days on the matter.
The Government are rightly very proud of their role in demanding and defending LGBT rights. We are proud to have introduced same-sex marriage in England and Wales, for which we have legislative competence, and that the Scottish Government followed that lead shortly afterwards. Of course we want Northern Ireland do likewise and legalise same-sex marriage. The Prime Minister shares this view and has said so on a number of occasions.
I commend my noble friend Lord Hayward for his determined commitment on this issue. I know that many people—and the list is clearly growing—in Northern Ireland and further afield greatly appreciate his efforts, as demonstrated by his recognition recently by PinkNews as its politician of the year. I also pay tribute to the many others who have campaigned and shared personal and very poignant stories in support of his amendment.
Same-sex marriage is a devolved matter, as noble Lords have said. The proper and best place for it to be addressed is in the Northern Ireland Assembly, by Northern Ireland’s elected representatives. The Secretary of State for Northern Ireland’s top priority remains to restore the Executive and Assembly at Stormont; this should be the focus. There is a need to rebuild political dialogue and she continues to encourage the parties to come together to work towards restoring devolved government, including in a recent meeting with the five parties to progress this objective.
It is important that any legislation legalising same-sex marriage in Northern Ireland is afforded a level of consultation, debate and scrutiny, using the precedents of the UK and Scottish Governments. Legislation should be developed having taken into account the wide range of views on this issue in Northern Ireland, as well as the various legal requirements. My noble friend Lord Hayward knows that we do not think that this Bill is the right vehicle for extending same-sex marriage to Northern Ireland. We have concerns about the drafting of the amendment, in particular the nature of the duty it would place on the Government.
It is not clear that the amendment would allow for all the legislative changes needed to fully implement a same-sex marriage regime in Northern Ireland equivalent to those in England, Wales and Scotland. For example, the introduction of same-sex marriage in England and Wales necessitated the amendment of more than 50 Acts of Parliament. The Government have heard the growing calls for change, and much progress has been made since my noble friend Lord Hayward introduced his Private Member’s Bill in March last year. Parliamentarians have played an important part in continuing to raise the profile of this issue, and I hope that, despite the potential disappointment that some people will feel today, everyone will have listened to the debate and the growing support on all sides of the House.
I will add one very important final point. We support the principle of my noble friend’s amendment—that it is right for same-sex marriage to be extended to Northern Ireland by a restored Executive—and we recognise that the ongoing absence of devolved government is having an impact on addressing this issue. We would encourage a restored Executive to progress legislation on this issue as one of the first things that they do. On that note, I hope that my noble friend will be content to withdraw his amendment.
My Lords, I thank the Minister for her remarks on this important issue, and my noble friend Lord Hayward and the noble Lord, Lord Collins, for tabling the amendment. The Minister has expressed her view, and it is clear that this issue cannot be resolved easily through this Bill and at this stage. Frustratingly, we will need to show a little more patience, but I am assured that conversations are ongoing. I know that we all want to see this issue resolved. I too have had a very large postbag on this Bill, and I know that a lot of people are anxious for it to go through without further amendment. In the light of that, I hope that my noble friend will withdraw his amendment so that it does not undermine the progress we are making on the important matters on which the Bill touches.
My Lords, this has been a full and very constructive debate. First, I apologise to the noble Baroness, Lady Barker, if I leave the Chamber immediately after my amendment is dealt with—I will return as quickly as possible.
Secondly, somewhat surprisingly, I disagree with the noble Lord, Lord Cashman, and others, who talked about responsibility in relation to gay marriage and equality in Northern Ireland. I do so on the basis that a legal case is coming, which may decide where the responsibility lies. I agree with the noble Lords, Lord Kilclooney, Lord McCrea and Lord Morrow, that it would appear that, under the legislation, responsibility for this matter would fall to the Northern Ireland Assembly if it were sitting. If it did not fall within that remit, this House and the other place should have made that clear when preparing the legislation. So, to some extent, the problem we are in falls to us as legislators in Westminster.
I was particularly pleased by the acknowledgement by the noble Lord, Lord Morrow, that things in Northern Ireland are changing.
My Lords, I, too, thank the noble Baroness, Lady Barker, for prompting further debate on the provision in the Bill relating to coronial investigation of stillbirths. She knows that this is an issue that has touched me personally, and I much appreciate the thoughtful way she has approached this. I know that the noble Baroness is keen to see this Bill make its way on to the statute book, but she has some well-considered reservations about the merits of the proposal that coroners should investigate stillbirths and about how the powers in Clause 4(4) will be exercised. I hope that she is reassured that the Government have listened and have responded to her concerns.
I thank everyone who has taken part in the Report stage of the Bill today. I much appreciate their thoughtful input and attention to the Bill.
My Lords, I thank the Minister for the statements she made from the Dispatch Box. She has gone a long way towards dealing with my concerns. I also thank the noble Baroness, Lady Hodgson, for understanding my motivation. I will act as they wish.
At this stage, I think I may be so bold as to offer on behalf of several noble Lords around the Chamber the deepest thanks to the noble Baroness, Lady Hodgson of Abinger, not only for bringing this Bill but for being a trooper when we all feared that she was so ill that she was not going to make it here—but she would not be defeated.
In many different ways, this has been one of those Private Members’ Bills that does the very best we can do in our Parliament, which is to pay a great deal of attention to a number of issues which are of great importance to a small number of people. This House, by its example, has shown just how wrong Sir Christopher Chope can be in another place. It is entirely possible to do good and right things in Private Members’ Bills. I sincerely hope that one lesson that might come out of this for another place is that it should look at changing its procedures to make Private Members’ Bills far less vulnerable to unwarranted attack.
I thank the noble Baroness, Lady Hodgson, and congratulate her on having this Bill under her name on the statute book.
(5 years, 6 months ago)
Lords ChamberMy Lords, as I indicated at Second Reading, Amendments 1, 4, 5, 6 and 7, which stand in my name, seek to replace the current Clause 2 and make consequential changes to the drafting of the Bill. In replacing Clause 2, I must highlight that we do not wish to change the intention of the clause. Rather, we want to clarify the power in order to use the Bill to deliver a comprehensive and effective opposite-sex civil partnerships regime.
Following the introduction of same-sex marriage in 2013, we were left with a situation in which same-sex couples could either marry or form a civil partnership but opposite-sex couples could only marry. I outlined at Second Reading the various reasons why a couple may desire to choose a civil partnership over a marriage. Suffice to say that many people who would like the protections and provisions that a formalised relationship can bring do not feel that marriage is for them.
When Tim Loughton and I introduced this Bill in the other place and in this House respectively, we did so with the intention that it would be used to equalise access to civil partnerships between same-sex and other couples, and thus put right the post-same-sex marriage unfairness to which I have just referred. We were delighted in October last year when the Prime Minister announced that it was now the Government’s intention to extend civil partnerships to opposite-sex couples.
Subsequently, Tim Loughton successfully moved an amendment on Report in the other place that stands as the current Clause 2 of the Bill. The intention of the current Clause 2 is to enable the Secretary of State by regulations to equalise access to civil partnerships between same-sex and opposite-sex couples. We accept that the current clause is not adequately drafted. The Minister outlined her concerns about the drafting during her response on Report, highlighting the fact that the clause would not enable us to deliver a robust opposite-sex civil partnerships regime and the lack of detail in the regulation-making power.
I have been working closely with my noble friend the Minister and Tim Loughton on a more comprehensive approach to the provision, and I am pleased to be able to table Amendments 1, 4, 5, 6 and 7 today, which effectively replace Clause 2.
Subsection (1) of the new clause would enable the Secretary of State to amend by regulation the eligibility criteria of the Civil Partnership Act 2004 in order that two people who are not of the same sex are able to form a civil partnership.
Subsection (2) would establish the date by which the regulations must come into force as 31 December 2019. This would ensure that a comprehensive opposite-sex civil partnerships regime came into force at the earliest opportunity, and certainly before the end of the year. I know the Minister will also be reiterating that, all things being equal, that is the Government’s intention. This will be welcome news to many couples for whom getting a civil partnership is a matter of urgency for various reasons.
I apologise to the noble Lord; I completely forgot to mention him.
My Lords, I am grateful to the Minister for clarifying these matters. It only remains for me to say in response to the noble Lords, Lord Faulkner of Worcester, Lord Collins of Highbury and Lord Cashman, that the wider debate about the nature of marriage is going on right across society, particularly in the Church of England, the Church in Wales and in other churches, and it will continue. I am grateful to noble Lords for stating their views, but they are not the focus of the Bill before us, so I hope we can give it the green light and the go-ahead to move forward.
My Lords, I am deeply grateful to all noble Lords who have taken part in this debate and to the right reverend Prelate, who clearly thought a great deal about what he was going to say to us. It has been a remarkable debate. This is the first time since the Marriage (Same Sex Couples) Act 2013 was passed, more than five years ago, that we have had an opportunity to talk about the attitude of the Church of England—and the Church in Wales, as the noble Baroness, Lady Barker, pointed out—to same-sex marriage in church. I make no apology for raising the debate because the fact that the Church is moving—at glacial speed, I am afraid to say—on this issue is because of the climate created in this House towards the whole issue of same-sex relationships. This House set the lead in passing that legislation with such enthusiasm in 2013, and I think there is a genuine move for us to give the Church a little push in the right direction.
Of course, I am aware that the General Synod has to pass its own legislation, but I cannot see the logic in us facilitating that by passing an amendment such as this and then giving the synod the opportunity to come round to thinking about whether it wants to do it. It is not mandatory; rather it is an opportunity for the General Synod to think further.
A lot could be said about the problems that the Church of England has with sexuality, particularly the sexuality of so many of its priests and other representatives. That is not a debate for today but it is something that I know the Church of England will have to come to terms with if it is not to be seen as hypocritical on issues around sexual relationships.
However, for today, and it is for today, if the Committee agrees, I beg leave to withdraw the amendment, but I reserve the right to bring it back on Report.
My Lords, I thank the Minister for her remarks on this important issue, and the noble Lords, Lord Hayward, Lord Collins and Lord Cashman, for tabling the amendment. The Minister has given her view and we can have a separate debate on what happens about making law in Northern Ireland in the absence of the Assembly. However, I ask that the amendment not be pressed to a vote. It might cause difficulties with the Bill’s progress and the realisation of its very important aims.
My Lords, in the light of the comments that I have heard, I indicate that I intend to withdraw my amendment, but I also intend to pursue it further on Report. I believe for a number of reasons, including the clarifications and comments from the likes of the noble Baroness, Lady Thornton, the noble Lord, Lord Kilclooney, and others, that this is an issue that has found its time. Therefore, this Chamber and the other place need to find a solution. As the noble Baroness, Lady Thornton, so aptly put it, if the amendment were in the Bill, I am absolutely clear, as I think the vast majority of people in this Chamber are, that both Houses would find a way to pass it. I beg leave to withdraw the amendment.
I thank the noble Baroness for bringing forward her amendment, but I am afraid that I am not able to support it. Amendment 3A seeks to remove from the Bill an important provision that will allow for the extension to parents of stillborn babies the same transparent and independent investigation into their loss that is granted to the parents of a newborn baby whose life ends soon after birth. The power is needed because the provisions for the exercise of coronial powers are limited to very explicit duties. There is no provision for coroners to undertake investigations beyond this. A stillborn baby, having not lived independently of its mother, is out of scope of the investigatory duties of the coroner.
We will consult on this issue. It is our intention that, if we conclude at the end of the consultation that it is right for stillbirths to be investigated by coroners, their duty to determine who has died—and how, when and where that death occurred—will be extended to apply to specified stillbirths. Should that be where the consultation takes us, we will want to learn lessons from investigations into stillbirths, just as we do at the moment in child and adult deaths where, under certain circumstances, the coroner will produce a prevention of future deaths report.
Coroners’ powers to investigate a stillbirth would mirror those relating to other deaths, with powers to compel witnesses and require the production of documents and order medical examinations of the stillborn baby. The powers provided for in Clause 4(4) are intended to allow for the existing framework for coronial investigations to be extended to include the investigation of stillbirths. The existing provisions were thoroughly scrutinised when the Coroners and Justice Bill, now an Act, was debated in this House and another place. In exercising this power, the Lord Chancellor will be required to lay any regulations before your Lordships’ House for consent when the regulations amend primary legislation.
Clause 4 provides that the Secretary of State will report on the question of coroners investigating stillbirths. But, having consulted and produced that report, if the conclusion is that coroners should investigate stillbirths, the Government should then move forward in a timely way. Clause 4(4) provides the mechanism to do that, with the safeguards provided in subsections (5) and (6) appropriate to the changes that are in scope. The power is rightly limited by Clause 4(6), a sunset provision which sees the power fall away if it is not used within five years of the Secretary of State publishing his report.
Reforms to the way that health providers review stillbirths have been evolving, with significant developments under way. This period provides the flexibility needed should the final legislative proposals need to reflect these developments, while providing for the Government to act quickly if the report finds that this is what is needed.
I am sure that it was not the noble Baroness’s intention, but to amend the Bill to leave out Clause 4(4) without also leaving out Clause 4(5) and (6) and without further amendments to Clause 5(2) and (3)—which also reference the power provided through Clause 4(4)—would leave Clause 4 not in a coherent state, if I might put it like that. I am sure that my noble friend Lady Hodgson will agree to meet the noble Baroness in due course, but I hope that at this stage she will withdraw her amendment.
I thank the Committee for putting up with my very croaky voice today. I hope that I have not spread any of my germs around too much. I thank the Minister for clarifying how the enabling power in Clause 4(4) would be used.
My Lords, I thank the noble Baronesses. I take the Minister’s point that the drafting of the amendment is not correct, but I share the concerns set out in the report of the Delegated Powers and Regulatory Reform Committee that some pretty wide-ranging powers are conferred on the Secretary of State. There is an inconsistency between asking for a report under Clause 3 and then similarly asking for a report but also conferring these powers under Clause 4. I do not want to delay the matter. I simply wish that we should pass legislation which deals correctly with what is a very difficult and sensitive matter. In my long time in the House, I have been involved in a number of discussions about NHS liability and the best way to ensure that patients get what they most want: to know why something happened and, if possible, to stop it happening to anybody else. That concern is not fully addressed by the provision. At this stage, I beg leave to withdraw the amendment, and I reserve the right to come back to the matter at a later stage.
(5 years, 7 months ago)
Lords ChamberMy Lords, this is my first time proposing a Private Member’s Bill and I therefore ask that your Lordships be gentle with me as I find my feet. I begin by taking this opportunity to pay tribute to my honourable friend in the other place, Tim Loughton MP, who I see is here listening today. He has worked so hard to champion these issues and it is through his determination and constructive dialogue that the Bill has progressed and is in such good shape today. To continue this theme of collaboration, I thank Tim and the officials from the Home Office and the Government Equalities Office, led by Linda Edwards, for their support in preparing its journey through this House.
In the other place the Minister summarised this Bill as being about “hatches, matches and dispatches”. This light-hearted reference, while apt, perhaps does not convey the emotional and personal impact wrapped up in the fourfold practical purpose of the Bill. I am delighted that these clauses now represent current government policy and I shall outline each in more detail.
The purpose of Clause 1 is to address an issue with marriage entries. There is currently provision for only the father’s name to be recorded in the marriage entry when couples get married, as I was surprised to discover when my eldest son got married last summer. This has been the position since 1837 and it is high time it was addressed. The provisions in this clause will enable the updating of the marriage entry to allow for the names of the couple’s mothers to be included. The clause is narrow in scope and seeks only to change how marriages are registered.
Making changes to how marriages are registered and moving to a schedule-based system has previously been the subject of debate. The right reverend Prelate the Bishop of St Albans, who is also with us today, introduced identical measures in the Registration of Marriage Bill, which was debated in this House last year. That Bill is currently in the other place, awaiting a Second Reading. It has been apparent during the debates that the provisions in the clause have cross-party support. Moving to a schedule system similar to the one that has been in place in Scotland since 1855, and which also applies in Northern Ireland, will enable changes to be made to the marriage register entry much more easily in future, without the need to replace all the paper marriage registers. I believe that there are around 84,000 marriage registers in use across register offices, churches and other religious buildings.
The creation of civil partnerships in 2004 marked a significant moment on the road to equality for same-sex couples. For the first time, same-sex couples were able to formalise their intimate partner relationships, publicly acknowledging their commitment to one another, and able to access certain rights, responsibilities and protections. We continued to celebrate the legal and formal recognition of same-sex relationships with the introduction of same-sex marriage in 2013. However, we are left with a situation in which same-sex couples are able to either get married or form a civil partnership, whereas opposite-sex couples can only get married.
While marriage holds great value for many as a means of formalising and recognising intimate partner relationships, we know that not everyone feels that this type of relationship is for them. Some people who would very much like to have their relationship recognised in the eyes of society and the law find themselves, and often their children, without protection or security simply because they do not wish to marry. We were therefore delighted when, in October, the Prime Minister announced the Government’s intention to extend civil partnerships to opposite-sex couples. Following this announcement, my honourable friend Tim Loughton introduced an amendment on Report in the other place which now stands as Clause 2. This places a duty on the Government to legislate to bring about equality between same-sex couples and other couples in terms of their future ability to form a civil partnership. I know that the Government have concerns about Clause 2, which include the lack of detail in the regulation-making power, and I am pleased to be working closely with my honourable friend to draft an upgraded amendment to replace Clause 2. Our hope is that this will allay these concerns and ensure that the Bill is able to deliver as intended.
Clause 3 provides for the Government to prepare a report on whether and how the law should be changed to require or permit the registration of pregnancy losses, which cannot be registered as stillbirths under the Births and Deaths Registration Act 1953. Currently, parents whose babies are stillborn after 24 weeks’ gestation are required to register the baby’s name and they receive a certificate of registration of stillbirth. When a pregnancy ends before 24 weeks’ gestation, hospitals may enter a baby’s name in a local book of remembrance or issue a local certificate to commemorate the baby’s birth for those parents who want to do so. However, there is currently no formal process for parents to be able to register their loss legally.
Every year, hundreds of thousands of pregnancies end before 24 weeks’ gestation due to miscarriage, ectopic or molar pregnancy, or because parents make the difficult choice to terminate a pregnancy due to congenital anomalies. For many parents, this experience can be utterly devastating. The loss of a baby before 24 weeks’ gestation is made worse for some by the fact that there is no official recognition of these losses. That is why it is critical that the Government ensure that parents who experience a pregnancy loss receive the best empathetic care and support possible, through the NHS. As part of this ambition, Ministers should look into all options for changing the current system to recognise pre-24-week pregnancy loss. I am pleased that the Department of Health and Social Care has commissioned a review on this issue and has already made progress on gathering evidence and stakeholder views about how the current system might be improved, as well as examples of best practice. The Bill is an important part of driving this work forward and I strongly encourage noble Lords to support and contribute to the review. Losing a child is one of the worst experiences a parent can go through. By placing a duty on the Government to prepare and present a report setting out whether and, if so, how the law on the registration of pregnancy losses should change, I am confident that the Bill provides the next step in giving parents who have lost a baby the recognition they are due.
Clause 4 makes provision for coronial investigations of stillbirths. Currently, under the Coroners and Justice Act 2009, coroners have a duty to investigate deaths in certain circumstances, such as where a death is violent or unnatural or where the cause of death is unknown. This duty extends to the deaths of newborns of any age, including those who die immediately after birth. However, coroners do not have jurisdiction to investigate where the baby showed no signs of life independent of the mother, including where the baby died during labour.
The clause places a duty on the Secretary of State to prepare and publish a report on whether and how the law ought to be changed to enable coroners to investigate stillbirths. It also provides an enabling power for the Lord Chancellor to make regulations that would amend Part 1 of the Coroners and Justice Act 2009 to enable or require coroners to conduct investigations into stillbirths, to provide for when, and in what circumstances, coroners will investigate stillbirths.
I realise that the House may have concerns about a power to make regulations in this way, but the safeguards written into the clause will ensure that it is used appropriately. For example, where the regulations would amend primary legislation, they will be subject to the affirmative resolution procedure, so there will be scrutiny by both Houses, and the regulations cannot be used to create any criminal offences unless the offence has an equivalent in Part 1 of the Coroners and Justice Act 2009.
The Government fully support the introduction of this provision. However, given the sensitivity of the issues raised, I understand the need for the Government to undertake a full review and produce a report before making any changes. This will ensure that the regulations take into account the views of all relevant stakeholders.
Finally, this provision will support the work currently being undertaken in the Department of Health and Social Care to improve maternity safety, including the Healthcare Safety Investigation Branch independent investigations into all English cases of term stillbirth occurring during labour—as defined by the Royal College of Obstetricians and Gynaecologists’ Each Baby Counts criteria.
I urge noble Lords to support the clauses in the Bill and I beg to move.
My Lords, I sincerely thank all noble Lords for their excellent contributions to this debate. A number of interesting points have been raised—too many to mention them all, although I know that my noble friend the Minister has mentioned quite a few. I also know that other Private Members’ Bills are waiting, so I will be quick. I reassure the noble Lord, Lord Collins, who said that consultation can mean the Government dragging their feet. The reviews mentioned in the Bill have actually started, so the horse has already left the stable.
I acknowledge all the previous work put in on the change to marriage registration by the right reverend Prelate the Bishop of St Albans and Dame Caroline Spelman, which has contributed so much to this Bill. It was very interesting to hear from the noble Baroness, Lady Featherstone, about the overwhelmingly positive response to her consultation on extending civil partnerships to all couples. That was very encouraging.
I extend enormous sympathy to the noble Baronesses, Lady Benjamin and Lady Brinton, on their losses. I commend their bravery in speaking out; I too lost a twin baby, so I know how hard this can be to do. They both spoke so overwhelmingly. I also have huge admiration for all the fantastic work that Professor Lesley Regan has done on miscarriages.
As your Lordships can imagine, we have received many letters on the issues raised in the Bill, particularly on equality and stillbirth. There is a passionate desire for us to get this through and I look forward to going into more detail in Committee. We have had a comprehensive response from the Minister on many of the technical answers to the questions and I do not think I need to add to them. Suffice it to say that my door is open to any Members who wish to discuss any of the issues raised today, so that we can ensure that we return to the Commons a piece of practical and workable legislation.
Overall, I am particularly grateful to your Lordships for being so generous to me and for the wide support for the Bill from across the House. I particularly thank the noble Baroness, Lady Thornton, for her support and my noble friend the Minister for the Government’s continued backing of the Bill. I ask that the House give the Bill a Second Reading.