Marriage (Same Sex Couples) Bill

Lord Pearson of Rannoch Excerpts

Monday 24th June 2013 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, I think that I should indicate that some aspects of this discussion will arise under my Amendment 55. It is important to remember that this Bill is not about gay marriage but same-sex marriage. As I pointed out, and I invited correction—so far I have not been corrected—it includes platonic relations between people of the same sex. Therefore, the idea that sexual relationships are fundamental to it is a mistake. That may or may not matter to this issue, but it matters considerably to the issue that I shall raise under Amendment 55.

[Lord Pearson of Rannoch]

My Lords, I, too, support the amendment. I found the introduction given by the noble Baroness so powerful that I hope—depending on whether the Minister can answer three questions that I want to ask—that I will not have to move my Amendment 46D, which will save the Committee quite a lot of time. It has the same essential aim as the amendment moved by the noble Baroness.

I would have been handicapped in moving my amendment in any case, because I do not have Answers to three Written Questions, which I tabled on 5 June and which should have been answered by last Wednesday, 19 June, at the latest. I hope that the Minister can answer them now. Those Written Questions seek to update the information on the scale and cost of the injustice being done to blood-relative, sibling or family partnerships, sometimes known as “the sisters”. I think that, after this debate, we all know who we are talking about.

--- Later in debate ---

I suspect that might answer the second question, which concerned the difference between same-sex marriage and civil partnerships. The noble Lord’s third question concerned how many blood relative, sibling or family partnerships exist, and what the cost would be. I think that is probably an impossible question to answer, not least because that knowledge is not collected by any government department in that way. It is also because, for reasons which have been well rehearsed during this debate, where these kinds of relationships exist one does not know in how many cases the couple concerned would want to make the relationship into a civil partnership. I understand why the noble Lord asked the question, but I think it is almost impossible to answer in any meaningful way. I am happy to give way.

[Lord Pearson of Rannoch]

My Lords, that was not quite the question. The question was how much these family partnerships save the taxpayer in care costs and how much it would cost to give them the same advantages as civil partnerships, not necessarily using the same legal framework. I suggest that if the Government do not want to face this, it is purely because there are too many of these partnerships. There are very many more: a multiple of 53,000. That is why the Government will not face up to this duty, which has been owing to these people for a very long time.

[Lord Wallace of Tankerness]

My Lords, I apologise if I misunderstood the question asked by the noble Lord. If information assessing the benefit to the state is available, that question may be capable of an answer. I will certainly ensure that that information is made available. I imagine there will be plenty of opportunities to discuss these kinds of issues when the Care Bill, which is already before your Lordships’ House, is debated at greater length. I will certainly ensure that the noble Lord gets the estimates that have been made, and I apologise if I misunderstood his question.

The review will look at whether civil partnerships are still needed, or whether there is a case for extending them to opposite-sex couples. Much of this debate proceeded on the basis that they would continue, whereas in fact that is only one of the options. I note the comments of the noble Lord, Lord Alli, about how he saw civil partnerships perhaps developing, and how there might be a liturgy associated with them in times to come. No doubt that is a point he and others will make to the body conducting the review. Questions do arise from the change to marriage law which we are making in this Bill. It will result in the apparent anomaly of same-sex couples having the choice between marriage and civil partnership, while opposite-sex couples will only be able to marry. It was for that reason that we sought this review.

Regarding parents, children and siblings, as the noble Baroness, Lady Deech, said, the positions of siblings are indistinguishable. However, it is the case that parents, children and siblings already have a legally recognised relationship, one to the other. These relationships already afford certain rights. For example, children and siblings are recognised in intestacy rules. The extent of those rights is clearly a separate issue from the question of future civil partnerships. That is why we believe that it would be inappropriate for them to be considered as part of this review. It could lead to legitimating relationships within the prohibited degrees of relationship.

We will come later to the amendment of my noble and learned friend, Lord Mackay of Clashfern. However, even if the reasons for the prohibited degrees of affinity perhaps stem back to what one might call a biological concern, there are still issues of power relationships within very close families. These may not necessarily be obvious, but there is also protection there against any undue pressure. As was also said in one of the contributions, what if life circumstances change? Suppose that two sisters enter into a civil partnership, and one later wants to marry someone else or to enter into a civil partnership with someone else.

The noble Baroness, Lady Hollis, made the point that there is a legal entry but there is also a legal exit. In these circumstances, the idea of a judicially determined divorce—let us not beat about the bush, it would be a divorce—could very well be much more damaging to a previously existing relationship than would otherwise be the case. I think it was the noble Lord, Lord Pannick, who reminded us of Irving Berlin—yes, there was a reason why I hesitated over his name—and his theory of “Lord help the sister who comes between me and my man”. That is probably a very pertinent point. I know the point, but the reason I hesitated was because I was told that the late Isaiah Berlin once sat next to a very prominent politician who could not understand the question about “White Christmas”, so I wanted to make sure that I had actually got the name right.

[Lord Pearson of Rannoch]

My Lords, the noble and learned Lord has just amused your Lordships about Irving Berlin, but what he said shortly before that is not right either, is it? One cannot generalise too widely on these things, but surely the bitterness that comes with the breakdown of a sexual relationship is likely to be greater than a breakdown in a sibling or family relationship.

[Baroness Farrington of Ribbleton]

Having sisters of my own, I intervene to suggest that the noble Lord, Lord Pearson, has not seen sisters at war with each other.