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

Debate between Baroness Thornton and Lord Paddick

Thursday 27th February 2014 Lords Chamber

[Lord Paddick (LD)]

My Lords, I do not want to detain your Lordships, but I was not part of your Lordships’ House when noble Lords agreed to pass equal marriage, so I am going to take my opportunity now.

I have to declare an interest. I am married to a man, and it is not the first time that I have been married. I remember going on an extended interview process to become one of the most senior police officers in the UK. One of the questions in the pre-interview questionnaire was, “What is the most difficult decision you have ever had to make, first, in your professional life and, secondly, in your private life?”. In the answer to the second, I put, “Having been married for five years, telling my wife that I was gay”. I never believed that I would be able to marry again.

In 2010 I took part in a debate at the Liberal Democrat Party conference where we were the first party to adopt equal marriage as party policy. I told the people at that conference about my marriage. Having fallen in love with a Norwegian, in January 2009—Norway having decided to abolish civil partnerships and allow everybody, whether they were opposite-sex or same-sex couples, to get married—I stood in the courthouse in Oslo in front of a judge. When she said, “We are here today to witness the marriage of Brian and Petter”, the difference between a civil partnership and a marriage really struck home.

I was not part of your Lordships’ House when the legislation on equal marriage was passed, but I have to tell noble Lords what a difference it makes to me, to my husband, and to people like me. It is important that your Lordships pass these statutory instruments today.

[Baroness Thornton (Lab)]

My Lords, I think we would all agree—certainly those of us who joined forces last summer to ensure that the Marriage (Same Sex Couples) Bill reached the statute book—that today is a cause for celebration. I was reminded by the noble Baroness, Lady Barker, about that happy day when I found myself outside on the pavement with the Minister holding a placard that said, “Girls marry girls—get over it”. I have the picture on my phone and I promise that I will publish it at some point. That was indeed a happy day and a happy event, and today we are taking another step nearer the first time that an actual marriage can take place between a same-sex couple.

I know that the Government have been determined to allow that happy event to happen as soon as possible and I congratulate them on doing that. This means that there are still some matters outstanding, and the fact that we want this to happen as soon as possible should not excuse us from the need to do some scrutiny.

I have given the Minister notice of a few questions, some of which have already been asked today. First, of course, how soon can the conversion of a civil partnership to a same-sex marriage take place and what timetable might achieve that? The Act provides for same-sex couples seeking to convert civil partnerships into marriages to do so, as well as for an opposite-sex married couple to remain married where one of the partners wishes to change gender—an important matter which we dealt with last summer. These are provisions which the update says should come into force by the end of the year. I would be grateful if the Minister could give some indication of when further necessary legislation will be brought forward, as well as providing an update on when we might expect to see these provisions come into force.

From the commencement of the Scottish Act, if a trans person living in England or Wales wishes to get married and wants to ensure that they could not later be subject to spousal veto when applying for gender recognition while in that marriage, they could well be able to circumvent this process by opting to get married in Scotland—but why should they? Can the Minister explain whether a couple whose marriage was registered in Scotland but who subsequently lived in England would be able to apply to the sheriff courts for their interim GRC, or will the Government review and revise this entire area so that they do not need to do so?

At present, of the 11 legal jurisdictions in Europe which have same-sex marriage, only those trans people in existing marriages registered in the legal jurisdiction of England and Wales are subject to a spousal veto on their access to gender recognition while married. The other 10 legal jurisdictions, including Scotland, allow gender recognition without requiring the consent of the trans person’s spouse. We discussed this issue during the passage of the Bill but it is not covered, obviously, by these orders. Does the Minister at least accept that this issue does not sit well with the drive for equality for all groups? Will she therefore seek to continue working on this to make the changes that trans people want to see?

Turning to the issue of pensions, which was debated at length and with some passion throughout the passage of the Bill, Section 16 places a duty on the Secretary of State to arrange a review, as we have recognised. I am very happy to hear that this seems to be on track and will be published within the year. However, is a consultation going to take place? As far as I am aware, as yet there is no public consultation being issued by the Department for Work and Pensions. Given that there are only 18 weeks left between now and when the review is supposed to be complete, what is going to happen and how might that consultation take place? Indeed, if it is to be launched, can the Minister offer an assurance that the Government will not simply be listening to the occupational pensions industry, which will quite clearly have strong and shared financial interests in this report saying one thing, and that there will be a consultation which listens to and consults independent experts?

If the Secretary of State decides in his report that the law on survivor benefits should be changed to fit in with the spirit of the Act, will the Minister ensure that the necessary orders are brought forward quickly to redress the inequality as soon as possible? As I am sure the noble Baroness will be aware, this issue has been in the news over the past week following the conclusion of a case under the Employment Appeal Tribunal, which found that it was legal under European law for employers and pension scheme trustees to discriminate against same-sex couples. If it becomes clear that companies are not going to do this voluntarily, the sooner the Government complete their deliberations the better for all the couples concerned—even if it is just that they will now know where they will stand financially in later life and be able to plan accordingly.