Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Lord Paddick Excerpts

Tuesday 18th November 2014 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, both this House and the other place overwhelmingly supported the passage of the Marriage (Same Sex Couples) Act 2013, a change which has brought joy to a great many people who now feel that they are truly recognised as equal under the law of this land. That is a major development for this country, and one very much to be celebrated.

I am pleased to be able to bring these statutory instruments before the House, allowing conversion of civil partnerships into marriages and allowing couples who wish to do so to remain married if one or both of them change their legal gender. Subject to the passage of the necessary instruments through this House and the other place, we intend those provisions to come into force on 10 December this year.

There has been a lot of discussion about these proposals since we first laid instruments in July. People felt that these were too restrictive and did not allow sufficient flexibility for the celebration of their marriage for couples who had chosen to enter civil partnerships at a time when marriage was not available. As a result, we agreed to see what we could do to provide greater choice for couples. We have done that, and these instruments offer more flexibility, allowing conversions to be completed in the same range of venues where same-sex couples can currently marry.

I will briefly explain each of the three affirmative instruments in turn. The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 set out the procedure for couples who wish to convert their civil partnership into a marriage in England and Wales, and overseas in British consulates and Armed Forces bases. The simplest conversion procedure can be completed in one visit to the superintendent registrar. The couple will provide evidence of their identity and sign a declaration to confirm that they are in a civil partnership with each other and wish to convert that into marriage. The superintendent registrar will also sign and that completes the procedure.

Alternatively, they can opt to go to the superintendent registrar with the required evidence and then complete the conversion into marriage by signing the declaration in approved premises, such as a hotel, where a ceremony is then to be held. If the couple want a religious ceremony, the registrar can complete the declaration on religious premises where the religious consents required under the Act have been obtained and where a ceremony under Section 46 of the Marriage Act 1949 is then to be held. Section 46 provides for religious marriage ceremonies to be held following the registration of a marriage by a civil registrar, and the 2013 Act amended it to include ceremonies following the conversion of a civil partnership into a marriage, ensuring that the religious protections, which we all worked hard on during the passage of the Act, applied to such ceremonies. Where one of the couple is housebound, detained or seriously ill and not expected to recover, the superintendent registrar will go to the couple where they are, and after the declaration is signed they may have a ceremony, including a religious ceremony, if they wish. These regulations will also allow the conversion of a civil partnership into marriage at consulates and Armed Forces bases overseas where the authorities in the host country have consented to this.

I turn to the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014. First, the order makes necessary consequential amendments to primary legislation to allow conversions of civil partnerships into marriage to take place. Most significantly, the order clarifies the way Section 46 of the Marriage Act 1949 works, making clear that a ceremony can be held following a housebound, detained or deathbed conversion, or Armed Forces conversions which take place overseas. It also names the appropriate Jewish and Quaker governing authorities and makes it clear that ceremonies of other religions are covered, thus ensuring the protections apply appropriately in these cases.

Secondly, the order makes amendments to support the provisions of the Act, enabling couples who wish to do so to stay married where one or both of them changes legal gender. Notably, it ensures that where a person changes gender their spouse will not lose any pension expectations they would otherwise have had. Thirdly, the order also includes specific provision in relation to particular pension schemes—for example, to ensure gender-specific treatment in relation to a specific Armed Forces pension scheme.

Finally, the order revokes Article 5 of the earlier Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order, under which marriages of same-sex couples solemnised in England and Wales are treated as civil partnerships in Scotland. This is simply to ensure that, from 16 December, when marriage of same-sex couples will become possible in Scotland, they can be recognised as marriages under Scottish law. This order also makes associated transitional and saving arrangements and further amendments in consequence of the Marriage and Civil Partnership (Scotland) Act 2014.

I turn finally to the Consular Marriages and Marriages under Foreign Law (No. 2) Order. This revokes and re-enacts, with some additions, an earlier order. It provides for: consular marriages; the issuing of certificates of no impediment by consular officers; the Registrar-General for England and Wales to pass on to the Registrar-General for Scotland relevant consular marriage certificates; the registrars general to provide certified copies of certificates; and for superintendent registrars to issue certificates of no impediment.

Although technical in nature, these instruments allow us to give effect to the provisions of the 2013 Act to allow couples in civil partnerships to convert their relationship into marriage and to enable couples where one or both change legal gender to remain married, which is of very great significance to couples affected and an occasion of joy for many. I hope that the House will support them.

[Lord Paddick (LD)]

My Lords, I declare an interest, having married a Norwegian man in 2009 in Norway. My marriage is now recognised as a marriage in the UK, whereas previously it was recognised only as a civil partnership.

Today we are nearing the end of the legislative road as far as equality for same-sex couples in the UK is concerned. There have been some ironies along the way. The late Lady Thatcher—considered by many to have been a conviction politician—and the Conservative Government that she led, introduced Section 28 into the Local Government Act 1988, provoking the noble Lord, Lord Cashman, and others to form the pressure group Stonewall to fight for equality for lesbian, gay and bisexual people. When the Labour Party came to power, it repealed Section 28, although it had to invoke the Parliament Act to overcome opposition in this House. How times have changed.

Under a Labour Government, civil partnerships were introduced in 2004. That was progress but still not equality. It was left to this coalition Government—a Conservative-led coalition Government—to achieve equality for same-sex couples. It was the Liberal Democrat MP, the right honourable Lynne Featherstone—the then Parliamentary Under-Secretary of State for Equalities—who proposed that the Government introduce legislation to allow equal marriage. To his credit, the Prime Minister agreed despite opposition from many in his own party. In contrast to its implacable opposition to the repeal of Section 28, this House agreed to equal marriage without a Division at Third Reading.

I place on record my thanks to Nick Boles MP and to my noble friend Lady Northover for achieving the changes to these regulations to allow those wishing to celebrate the conversion of their civil partnership to an equal marriage to do so in places and in ways that those same-sex couples not previously in a civil partnership are allowed to do.

I say that we are nearing the end of the legislative road as far as equal marriage is concerned but it is to be regretted that equal marriage is still not possible in Northern Ireland. The Liberal Democrats not only support the approval of these regulations but we are also very proud to have played such a prominent role in achieving equal marriage in England, Wales and Scotland.

[Lord Collins of Highbury (Lab)]

My Lords, I, too, acknowledge the journey we have travelled. It has been a long and sometimes very difficult one but nothing gives me greater pleasure than to acknowledge that we have a cross-party consensus on equality under the law. That is something that we can be proud of in this country and is not something to be ashamed of.

I, too, thank the Minister, Nick Boles, and the noble Baroness, Lady Northover, for listening to all those people in civil partnerships who, like me, want to take this final step of equality under the law by marrying in front of our friends and family. I was really pleased that the original drafts were taken back, and that we are still now able, with the help of the department, to stick to the original timetable. It is a great achievement and I am pleased that the Minister was able to do that. It is not easy, sometimes, for Ministers to take something back and work on it, but they did a great job and I am thankful to them.