Civil Partnership (Opposite-sex Couples) Regulations 2019

Baroness Williams of Trafford Excerpts

Tuesday 5th November 2019 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Regulations laid before the House on 22 October be approved.

Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 3rd Report, and by the Secondary Legislation Scrutiny Committee, 4th Report.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, this instrument was debated in the other place on 31 October. Its main purpose is to allow opposite-sex couples in England and Wales to form civil partnerships. The Government want to see more people formalise their relationship in the way that they want with the person they love. We know that there are over 3 million opposite-sex couples who cohabit but choose not to marry. These couples support 1 million children but do not have the security or legal protection that married couples or civil partners enjoy.

That is why we announced last year that we would extend civil partnerships to opposite-sex couples and why we supported the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019, guided so ably through this House by my noble friend Lady Hodgson of Abinger. Section 2 of the Act enables the Secretary of State, by regulations, to amend the eligibility criteria for civil partnerships and to make other appropriate and consequential provision. The Act requires the regulations extending eligibility to come into force no later than 31 December 2019.

This instrument therefore amends the eligibility criteria in the Civil Partnership Act 2004 to allow opposite-sex couples to register civil partnerships under the law of England and Wales. It provides specific protections for religious organisations and persons acting on their behalf in relation to civil partnerships. Importantly, the regulations prevent religious organisations and persons acting on their behalf from being compelled to do specified acts, such as allowing religious premises to be used for civil partnerships. The instrument also ensures that, where religious organisations do choose to participate in civil partnerships, they can distinguish between opposite-sex and same-sex civil partnerships, as with marriage.

The instrument amends legislation relating to children and parenthood to provide opposite-sex parents in a civil partnership with generally the same rights as opposite-sex married parents in a number of areas. It also amends the Gender Recognition Act 2004 to allow applicants to obtain a full gender recognition certificate without the need to dissolve their civil partnership, provided that the other partner consents, as is currently the case for married couples. The instrument makes consequential and related changes to primary and secondary legislation, including to pensions entitlements and the registration of opposite-sex civil partnerships overseas by UK consular officials.

The instrument also amends the Marriage (Same-Sex Couples) Act 2013 so that, for now, only same-sex couples will be able to convert their civil partnerships to marriage pending the outcome of our consultation on conversion rights, which closed on 20 August. I know that this last change has been drawn to the attention of Members of this House by the JCSI and the Secondary Legislation Scrutiny Committee. It is also the subject of an amendment expressing regret, tabled by the noble Lord, Lord Collins of Highbury— although I note that this is somewhat at odds with the comments of Dawn Butler, who welcomed the regulations and did not mention the JCSI’s report during the debate in the other place.

We have given very careful consideration to the committee’s concerns about the provision but, on this occasion, we do not agree with them. Our approach on conversion maintains a difference between opposite-sex and same-sex couples in terms of their ability to convert their civil partnerships into marriage. Importantly, these two groups are not in a directly comparable position. The right to convert a civil partnership into marriage was introduced to enable same-sex couples to marry without having to dissolve their civil partnership, as marriage historically had been denied to them. That same consideration does not apply to opposite-sex civil partners, who have always been able to marry.

Even if same-sex and opposite-sex couples can be compared, the Government consider that maintaining the status quo in the very short term—we anticipate for no more than a few months—is fully justified. Extending conversion rights on an interim basis to allow opposite-sex couples to convert their civil partnership to marriage now, while we are considering responses to the consultation, would risk creating uncertainty and confusion over future rights. We do not wish to introduce a new, potentially short-term conversion right that might be changed later in 2020 when we determine our long-term position on conversion.

In addition, it is difficult to see that opposite-sex couples are disadvantaged by this interim position. Couples who have waited for the chance to form a civil partnership as an alternative to marriage are highly unlikely to wish to convert their relationship into marriage in the first few months. Once we have made civil partnerships available to opposite-sex couples, our priority will be to resolve the longer-term position on conversion rights for all civil partners and to bring forward further regulations as soon as possible next year.

I hope that this reassures noble Lords that we have carefully considered these issues and why we consider the regulations to be compliant with the Human Rights Act 1998.

Before winding up, I again pay tribute to my noble friend Lady Hodgson and to Tim Loughton in the other place, for their great skill and tenacity in steering the 2019 Act through Parliament; I pay tribute also, of course, to noble Lords who took part in the debates here.

I know that my noble friend is keen for the first opposite-sex civil partnership to be formed before the end of 2019. Our intention is to commence the regulations on 2 December, which would allow the first opposite-sex civil partnership to take place on 31 December, given the usual 28-day notice period. I know how long some opposite-sex couples have waited for the opportunity to formalise their relationship and enjoy the stability, rights and entitlements that other couples enjoy. This is the final legislative step in the process and I look forward to the first opposite-sex civil partnership being formed by the end of the year. I commend this instrument to the House.

Amendment to the Motion

Moved by

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[Lord Oates (LD)]

My Lords, like my noble friend Lady Barker’s father, my father married a large number of people, although he did so as a Church of England clergyman rather than as a nonconformist minister. I very much support the equality being progressed for opposite-sex partners via this legislation. I also very much support the comments made by my noble friend Lady Barker, the noble Lord, Lord Collins, and others about it being a shame that the Government did not take the opportunity to go all the way and ensure that there is proper equality.

While we are on the issue of real equality, I will raise an associated issue. When I formed my civil partnership 15 years ago, obviously I did not have the option of a same-sex wedding—but, even today, if I chose to convert it, I would not have the option of that wedding in a Church of England church. My father went to a register office for probably the first time in his life when he came to my civil partnership ceremony. I hope that both the Government and the Church, particularly as it is the established Church, will really reflect on the fact that, not only as a matter of choice by certain members of that Church but by law, a same-sex marriage cannot take place. I hope that they will consider the pain and sorrow that causes and will really think about that position. I recognise that this is not the matter before us, but the amendment expressing regret is about equality, and this is also a matter of equality.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have taken part in the debate. As the noble Lord, Lord Collins of Highbury, said right at the outset, the Commons can push things through quickly, but in your Lordships’ House we consider things very carefully before we give them our blessing, as it were.

I will start with the words of the noble Baroness, Lady Barker. Whatever the outcome of the general election, we as Peers in this House who promote equality will continue to do so cross-party, because that is what we have always done. If we had not approached equality in a cross-party way, we would have made little progress over the last 50 years. So I look forward to working with noble Lords across the House in progressing what is a human right: equality.

Noble Lords’ criticisms have varied from saying that we are rushing things through too quickly to asking, “What on earth has been the delay since the Supreme Court judgment in 2018?” I know that these are meant not as opposition to these regulations but as scrutinising why we have been doing what we have, and why we have delayed in some parts and rushed in others. I totally take noble Lords’ points about not wanting to perpetuate inequality. That is certainly not what either I or other noble Lords wish to do. In progressing equality, we do not want to create the unintended consequence of inequality.

The first question from the noble Lord, Lord Collins of Highbury, was: why the delay? We announced our intention to gather further evidence in 2018, having previously consulted on whether to extend civil partnerships to opposite-sex couples. I know it is frustrating, but consultation and evidence gathering can be quite time-consuming.

Can the Government guarantee equal treatment for same-sex and opposite-sex couples? That was the challenge from the noble Lord, Lord Cashman. We will absolutely ensure that future regulations on conversion are compliant with the Human Rights Act, as we have to with pretty much all legislation, or indeed secondary legislation, that we enact.

On the opportunity to see the Government’s response, again, it might be frustrating, but, given the limited time available, we waived our right to respond to the JCSI report. Victoria Atkins set out our position in the debate in the other place on 31 October. As noble Lords will know, the Secretary of State is under a statutory duty to bring the regulations into force no later than 31 December. As noble Lords have pointed out, a December election puts that at risk. We know that there are couples who are hoping to form a civil partnership early in the new year and that the availability of this new relationship is very keenly anticipated. It may be that couples have spent money and made detailed arrangements with their family, with the expectation that the new rights will shortly be available. We are very keen that that expectation will be met, if possible, and to meet the statutory deadline.

The noble Lord, Lord Collins of Highbury, asked about the consultation timing. As I said, it closed on 20 August and we are considering the responses. In addition to analysing the responses to the consultation, we must ensure that the operational processes are in place for conversions to take place. It is a priority. We will make further regulations early in 2020, to be debated in this House and the other place.

My noble friend Lady Hodgson and the noble Baroness, Lady Barker, asked about Scotland and Northern Ireland. On 25 June, the Scottish Government announced that they would introduce legislation extending civil partnerships to opposite-sex couples, and a Bill was introduced in the Scottish Parliament on 1 October. The Scottish Government’s Bill provides for opposite-sex civil partnerships registered in England and Wales to be recognised in Scotland as marriages, initially, and as civil partnerships when those relationships are available in Scotland. In Northern Ireland, Section 8 of the Northern Ireland (Executive Formation etc) Act 2019 places a duty on the Secretary of State to make regulations so that couples in Northern Ireland are eligible to form same-sex marriages and opposite-sex civil partnerships no later than 13 January 2020. The duty came into force on 22 October, after the Northern Ireland Executive did not reform, and my officials are working closely with the Northern Ireland Office towards the deadline.

The noble Lord, Lord Scriven, asked about individuals who are gravely ill. We are mindful at this stage that, for some people, the need to be able to form a civil partnership is urgent for a number of reasons, including, as he mentioned, terminal illness. Generally, couples must give 28 days’ notice of their intention to form a civil partnership, but in exceptional circumstances couples can seek a reduction in the notice period. There are also separate expedited arrangements for people who are seriously ill and not expected to recover. These processes will apply equally to civil partnerships between opposite-sex couples, meaning that those with life-threatening conditions will likely be able to form a civil partnership, rather than just give notice of it, as soon as the regulations come into force.

The noble Lord, Lord Collins of Highbury, asked me about the General Register Office issuing guidance to local registrars. It has already advised registration authorities to prepare for the commencement of opposite-sex civil partnerships from 2 December. As soon as the parliamentary processes are complete and the regulations are made, the GRO will advise registration authorities that firm bookings can be taken for notice to be given from 2 December and any provisional bookings can be confirmed.

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[Lord Collins of Highbury]

Normally, the Minister would ask me to withdraw my amendment. Perhaps she might like to do so for the record.

[Baroness Williams of Trafford]

I forgot. I got carried away because the noble Lord was so smiley. I am sure the noble Lord will want to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister for those kind remarks. I welcome the assurances she has given us this afternoon, in particular the commitment that the report of the consultation, which was completed in August, is a priority and that we will see revised regulations early next year. That is the fundamental issue that I wanted to address today.

I welcome the debate we have had today. It has been an opportunity to revisit issues and restate principles. I return to the point I made, which was also made by the noble Baroness, Lady Barker, and many other noble Lords. I welcome the fact that the noble Baroness, Lady Hunt, is in her place. I thought she would make a contribution, but I did not realise that she has not made her maiden speech. It must be terribly frustrating for her to sit there. No doubt at some later stage she will have a word in my ear.

We have been on an incredibly long journey. There is still much more to do. The right reverend Prelate listened to our contributions. I know that even in the Church of England there is a positive debate. When civil partnerships were first introduced in this House, the Church took a position against them. Now, I think the Church recognises their value. Certainly, the most reverend Primate the Archbishop of Canterbury has written strong and powerful articles recognising the value of civil partnerships and the loving relationships which are so important.

This will be a matter of choice. Heterosexual couples will enter into civil partnerships for all kinds of reasons. I do not accept the argument that marriage is a patriarchal institution that must be condemned. If two women can enter into a marriage nowadays, it is certainly not as patriarchal as it used to be. Marriage has developed and changed. It has strengthened our institutions, and I hope that civil partnerships will do likewise.

I welcome the contribution from the noble Lord, Lord Lexden. I know he feels very strongly about this issue. We have worked together many times on equality and on ensuring that the injustices of the past are put right. I share his concern about the injustices that siblings potentially face. I beg to differ on the means to resolve them. I urge the Government to think about how they might resolve these very personal, difficult circumstances. To lose a sibling is very painful, but to lose your home at the same time is even more difficult, and I recognise that that is an issue that needs to be addressed.

As the noble Baroness, Lady Barker, said, the battle for equality throughout the United Kingdom is not over. We still need to see it in one part of the United Kingdom. I hope that we will see it introduced rapidly, in the light of the noble Baroness’s comments.

This has been a good debate. I heard what the Minister said. I welcome those commitments. In the light of that, I beg leave to withdraw the amendment.