Legislative Reform (Civil Partnership) Order 2011

Lord Wallace of Saltaire Excerpts

Monday 7th February 2011 Grand Committee

[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.

[Lord Smith of Finsbury]

My Lords, I want to contribute briefly to the discussion on this proposed order because I think I am right in saying that I am the first Member of your Lordships' House to enter into a civil partnership, as I did nearly 5 years ago. I regard it as one of the most progressive and forward-looking steps that we, in this country, have taken over the course of the past decade or so.

The order is wholly welcome. It makes a relatively minor and sensible change in enabling the performance of a civil partnership ceremony to take place where consular staff are locally drawn, rather than originally based here in the UK. This will enable more civil partnerships to take place. It is therefore a very good thing.

However, the debate enables us to reflect on the interesting table attached to the order and its Explanatory Notes that set out the status regarding civil partnerships in a whole range of different countries across the world. There are of course some countries where homophobia is not only rife but encouraged at the moment. We have only to think of some of the very distressing occurrences in Uganda recently to know that that is the case. Sadly, I suspect that it will be many years before we are able to see civil partnerships performed for British nationals in Uganda.

There are many countries across the world, some of which are full members of the European Union, where British nationals resident in that country would not be permitted to perform a civil partnership ceremony under the auspices of the British consul. I hope that the Government will continue to make representations to those Governments where we might have a degree of influence, either through common membership of the European Union or from old Commonwealth ties, to ensure that a more progressive and liberal approach to the possibility of civil partnerships is gradually taken in some of these countries. It would be very interesting to hear from the Minister exactly what steps are being taken in that respect.

Having said that, I believe that this order is entirely welcome. I fully support it. It is a sensible measure and I am very pleased that the Government are bringing it forward.

[Baroness Symons of Vernham Dean]

My Lords, my contribution has been largely pre-empted by what my noble friend Lord Smith had to say. The Committee will not be surprised to learn that Her Majesty's Opposition fully support the order. It is a sensible flexibility to the current arrangements and a real advance for those who would otherwise have to travel long distances in order to register their civil partnerships. It is important to recognise that in one sense this is part of a series of changes in the devolution of powers in the Diplomatic Service to locally engaged staff. We have seen that particularly in commercial sections and increasingly in consular sections in our embassies, high commissions and consulates throughout the world.

In the coalition’s business plan for the Foreign and Commonwealth Office, there is a clause that says that the coalition Government will continue to slim down consular services across all our embassies, high commissions and consulates. Does that mean that the Minister envisages that, increasingly, locally engaged staff will undertake work that has heretofore been undertaken by members of the Diplomatic Service?

My question is similar to that posed by my noble friend in relation to those countries where same-sex relationships are currently illegal. Can the Minister tell us in what countries we are actively engaged in discussions with their Governments on that point? There is a rather more subtle point as well. In a number of countries in the world, same-sex relationships are not necessarily illegal but are not necessarily welcomed by a number of institutions. What training of locally engaged staff are Her Majesty's Government undertaking in this respect so that those who might have misgivings about officiating at same-sex civil partnerships not only are made to feel comfortable themselves but do not make those who are engaging in civil partnership ceremonies feel uncomfortable when they come for such an officiation?

I noted that during the consultation period, Stonewall and others responded to the order in an entirely positive way. I also remind the Committee that this was something begun under the previous Labour Government and I would therefore expect spokesmen on this side of the Committee to give it full support. Will the Minister engage in the slightly wider point about the devolution from the Diplomatic Service to locally engaged staff of other forms of consular activity?

[Lord Wallace of Saltaire]

My Lords, I thank all those who contributed to the debate. I will start by responding to the point on locally engaged staff. Yes, it is part of the FCO's business plan to slim down consular posts where possible and reduce costs by taking on more locally engaged staff. I take the point that there are some delicate tasks that locally engaged staff may need to be sensitised to with reference to a range of the issues that they have to deal with in consular posts. I promise to write to the noble Baroness on that issue.

We all recognise that, on the whole question of civil partnerships, we have all been moving forward slowly over the past generation. If one goes back far enough, the law in Britain was pretty closed on these issues. A number of other countries are moving forward much more slowly or are further behind us on the curve. Our predecessors in government—and we continue to do the same—have been pushing to encourage others to move further. My notes say, for example, that the posts that were unable to offer civil partnerships as a result of moving to locally engaged staff included posts in Japan, Australia, Portugal, Austria and Ireland. However, this is no longer a problem in Portugal, Austria and Ireland because, in the past 18 months, they have changed their domestic legislation so the problem no longer arises.

As noble Lords have remarked, there are still other members of the European Union that have not got that far. The previous Government’s Europe Minister, Chris Bryant, wrote to Denmark, Germany and Slovenia, each of which has its own legal recognition on same-sex relationships but does not recognise UK partnerships. Denmark replied to suggest that, as a result, it will amend its legislation to recognise UK civil partnerships. Replies from Slovenia and Germany are still pending. He also wrote to all EU member states that do not have their own civil partnership legislation to ask for permission to conduct civil partnerships in our posts overseas where at least one half of the couple is a British national. Latvia, Cyprus and Bulgaria have replied to say that they do not object as long as their nationals are not involved. Estonia and Poland have said that they continue to object. We have not yet heard from Romania, Lithuania, Malta, Italy, Slovakia or Greece, but all are presumed still to object. We are currently consulting the Government Equalities Office on next steps.

I have a note which says that the training given to local staff will be the same as is currently provided to Diplomatic Service staff. Staff guidance is also being updated so that staff have this additional point of reference. It may be of interest to the Committee to know that the figures I have on the countries in which civil partnerships have most often been registered show that Australian posts come out at the top, then those in Vietnam and then those in Japan. After that, for some reason, it is Colombia. Please do not ask me to explain in detail why it should be those countries; others may wish to investigate.

Having said all that, I recommend this proposal for approval. It is a necessary and highly desirable change that will take this country a little further forward to the goal of becoming an open, liberal society.

Motion agreed.