Legislative Reform (Civil Partnership) Order 2011

Lord Howell of Guildford Excerpts

Monday 7th February 2011 Grand Committee

Moved By

[Lord Wallace of Saltaire]

That the Grand Committee do report to the House that it has considered the Legislative Reform (Civil Partnership) Order 2011.

Relevant documents: 4th Report from the Regulatory Reform Committee.

[Lord Wallace of Saltaire]

My Lords, this order was laid before the House on 25 October last year under negative resolution procedures with an Explanatory Memorandum as required for all statutory instruments. The Delegated Powers and Regulatory Reform Committee, under the chair of the noble Baroness, Lady Thomas of Winchester, considered this draft reform on 10 November 2010 and concluded that the proposal met the tests set out for LROs in the Legislative and Regulatory Reform Act 2006, that it was appropriate to proceed as an LRO and that the negative procedure was appropriate in this case.

However, when the Regulatory Reform Committee in the other House considered the draft on 9 November 2010, it concluded that, although the draft order is uncontroversial—all statutory preconditions and tests have been met—and would not prejudice any existing protection, the proposals contained in the LRO were more than a de minimis change in the law, so the order should be raised to the affirmative resolution procedure.

Section 210(1)(b) of the Civil Partnership Act 2004, in specifically designating that the registration officer must be a UK-based diplomatic officer, does not allow for flexibility in those consular sections within an overseas British post where there are no longer any UK-based diplomatic officers and where civil partnership registration is a service that can be provided. The FCO has been going through a programme of localisation, including regrading of staff. Where there has previously been a consular officer who is a member of Her Majesty’s Diplomatic Service, in some posts there are now only locally engaged staff, and for consular customers resident in such consular districts, we can no longer undertake civil partnership registrations as often as we did previously.

The change in the order will allow locally engaged non-diplomatic consular officers, at any post that is affected by the localisation programme, to be nominated to undertake the registration of civil partnerships and civil partnership ceremonies. The amendment will not affect other aspects of civil partnership registration overseas, which can be undertaken only if local authorities do not object. This will also address two current disparities. First, staff of equal seniority have different powers. Depending on the local circumstances, a consul or vice-consul may be a Diplomatic Service officer or a local member of staff. For example, the vice-consul in Tokyo can undertake this work while the vice consul in Sydney cannot just because one is a member of the Diplomatic Service and the other is a member of the local staff. Secondly, Parliament empowers local members of staff to conduct marriages but, at present, does not empower local staff to conduct civil partnerships.

I am satisfied that the order is compatible with the rights contained in the European Convention on Human Rights. This order is important but, I trust, non-controversial. I hope that it will receive the full support of the Committee.