Civil Partnership (Opposite-sex Couples) Regulations 2019

Lord Lexden Excerpts

Tuesday 5th November 2019 Lords Chamber

[Lord Scriven (LD)]

My Lords, it appears that on the issue of equality, we are snatching defeat from the jaws of victory. Like other noble Lords who have spoken, I do not want to hold back these regulations, because they are not just a step but a huge leap forward for opposite-sex couples’ equality. However, I despair a little that the Government have not been able at this point to bring about true equality.

I wear this lanyard, as others do, not because I am proud to be LGBT or an LGBT ally, but because I believe in fundamental equality before the law and in human rights. I have spoken in this House before about not being able to marry in a religious institution, which is a form of discrimination. I would not want somebody who is part of an opposite-sex couple to feel that sense of joy being deflated by not being able to convert their civil partnership into a marriage. There is no legal reason why that cannot happen but just a bureaucratic one, based on “some consultation is taking place”.

I know the Minister and her personal passion for equality, which is beyond doubt. However, she kept saying “short term”. How short is short term? The one thing she cannot give is any certainty. We are going into a general election, so short term may be longer than the noble Baroness feels. In addition, it may be short term to the Government, but for somebody who is in an opposite-sex civil partnership and wants to convert, it may take much longer than the short term, particularly if that person has a terminal illness. People make decisions because of life-changing events, so we may be denying somebody the equality that they want based on where they are in their life.

I therefore ask the Minister and the whole House, to ensure that, whoever is returned after the general election, short term must mean a matter of weeks or months. This cannot go on for years because of some bureaucratic government view about consultation.

[Lord Lexden (Con)]

My Lords, I have listened to important comments from the noble Lords, Lord Collins, Lord Cashman and Lord Scriven, with whom I agree so much on matters relating to civil partnerships and same-sex marriage. However, I would like to return briefly to a deep injustice which the extension of civil partnerships to opposite-sex couples has made even more glaring.

Civil partnerships were introduced for the express purpose of conferring legal rights on couples who were ineligible to marry. Through these regulations, civil partnerships will be extended to all couples who now possess the right to marry. They will be withheld from people who cannot marry—in defiance of the very principle on which they were established in the first place.

I have brought up on a number of occasions in this House the question of why the Government feel it is acceptable to continue to withhold from long-term cohabiting siblings who choose to live together for companionship and mutual support all the legal rights and fiscal safeguards they offer, through civil partnerships, to couples they presume to be in sexual relationships.

Do the Government think that two siblings who live together in mutually supportive and financially independent relationships are less in need of the legal protection and fiscal safeguards afforded by civil partnerships than sexual couples? If not, why do they continue to reject both the argument that they should extend civil partnerships to long-term cohabiting couples and the suggestion that they should address that discrimination through other means—for a start, by reforming the rules governing inheritance tax so that bereaved survivors of a sibling couple are at least spared losing the joint home to inheritance tax on the death of the first sibling? I am in touch with a large number of elderly siblings who have lived together, often all their lives, in committed and caring relationships. They simply cannot understand why the Government refuse to recognise them as a single legal unit or give them any help whatever by other means.

Take Beatrice and Mary, sisters whose mother was widowed in their teens and whom they looked after throughout their adult lives in their jointly owned home until her death at the age of 100. The sisters are now 91 and 87. When one of them dies, the survivor will face an inheritance tax bill so hefty on her sister’s share of the estate that there will be nothing left of their joint savings for her own care. If they were civil partners who had known each other for just a few weeks, they would be spared.

A responsible Conservative Government must recognise the value of arrangements such as that of Beatrice and Mary, bring an end to this injustice and finally put the family, in all its manifestations, back where it belongs: at the heart of Conservative social policy. The regulations advance the principle of equality in human affairs—although perhaps not as fully as many would wish—and that is very important, but Conservatives should be no less concerned with the welfare of families in all their forms.

[Baroness Barker (LD)]

My Lords, I am very pleased that, on the last day of this Session, we are returning to this business. Like other noble Lords including the noble Lords, Lord Cashman and Lord Collins, I thank the noble Baroness, Lady Hodgson of Abinger, for all the work she did to get us to this point.

I have been a Member of your Lordships’ House for so long that I can remember all the rather tortuous path that we have been down, from when we started off, back in 2004, with a Civil Partnership Bill that was wrecked in this House and very nearly fell, but was then rescued and came back, through to where we are today. It is a tortuous path for two reasons. One is that, at every step of the way, the Government have felt that they have to pick their way round strong religious sensitivities. The second is that there is a fundamental flaw in all the reasoning as a result. We were told, way back when we were looking at civil partnerships, in definite terms by evangelical Christians and all the rest, that civil partnerships would undermine marriage. They do not.

In this House, from listening to officials at the time, I understand that at every stage we had to give in to the idea that civil partnerships were somehow a threat. I have never thought that they were for a very simple reason. My father married a lot of people. On Saturday afternoons, my dad would go out, perform a wedding, come back and we would say, “And what was the bride wearing?” Dad would say, “A white dress”. Because my dad was a nonconformist minister long before the Church of England saw the light on matters such as divorce, he was marrying a lot of people. He always had the right not to agree to marry someone. It was a right that he exercised very rarely—only in one or two instances when people came before him and he believed that one of them was under duress to do something that they did not want to. However, he quietly confided that he often officiated at marriage ceremonies where he felt that the people were getting married because that was all there was, and that if there had been an opportunity for them to have their relationship recognised in a different way, that would have been a more honest thing to do. If the Church had recognised that a long time ago, we would not have had to go through much of the difficulty that we now do.

Many people have shouted out their congratulations; mine go to Lynne Featherstone—my noble friend Lady Featherstone. No matter what anybody says, we would not have same-sex marriage were it not for her determination. For these regulations, I also want to give a shout-out to somebody else: Peter Tatchell. As one would expect, he has always single-mindedly stood up for full equality. Therefore, he has always been in favour of opposite-sex civil partnerships. So, we have got to where we are today. The noble Lord, Lord Collins, is right: the Government know that we on this side of the House do not want to stop the regulations. We are keen for people who have waited for such a long time to have their opportunity.

I want to ask about the territorial extent of this issue. I see that we are legislating for England and Wales. Speaking as a Scot, I feel that it might have other things to do on Hogmanay, but perhaps the Minister can explain the likely timetable for the Scottish Parliament to consider this matter.

I also want to talk about Northern Ireland. It is important that we get legislation of this type in Northern Ireland as quickly as possible, for the reason alluded to by the noble Lord, Lord Collins. I know several people in committed relationships who have been brought up in a faith that means so much to them that they cannot bring themselves to offend their families and that faith, but want to secure their relationship in legal terms. For others, civil partnership is about equality; as the noble Baroness, Lady Watkins of Tavistock, said, other people have experienced difficult and violent marriages and want never to return to that situation, but are in partnerships to which they are committed. What is the envisaged timetable for introducing this in Northern Ireland?

My understanding of this legislation is that, just as happened with the abortion legislation for Northern Ireland, there will be a read-across from existing legislation. Therefore, I think I am right that the aspects of the regulations that deal with the GRA are a read-across from the GRA as it relates to same-sex marriage. The Minister will know that I and other people think that that legislation is flawed, and that the same flaw therefore appears in these regulations. I accept that this issue should be addressed through primary legislation and amendment to the same-sex marriage Act in so far as it affects the GRA but, when the time comes, this issue should be addressed for both same-sex marriage and opposite-sex civil partnership, for example through my Private Member’s Bill or perhaps through some forthcoming government legislation. I wish that she would understand that.