Registration of Marriage Bill [HL]

Debate between Lord Young of Cookham and Lord Bishop of St Albans

2nd reading (Hansard): House of Lords
Friday 26th January 2018 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, the purpose of this Bill is to correct a clear and historic injustice. When a couple are married and that marriage is registered, there is currently provision only for a father’s name to be recorded. This is an archaic practice and unchanged since Victorian times, when children were seen as a father’s property and little consideration was given to a mother’s role in raising them.

As we approach the centenary of the Representation of the People Act, it is only right that we consider how existing legislation excludes, or does not recognise, the contribution made by women. This Bill allows for this important and symbolic change to be made. As I am a bishop in the Church of England, it is important to note that the Bill will allow mothers’ names to be included when registering all marriages, not just those taking place in Church of England churches. I also draw your Lordships’ attention to an identical Bill introduced in the other place by the second church estates commissioner, Dame Caroline Spelman. We are hoping that between us appropriate time will be given so that this change can be made.

A marriage officially recognises the start of a new family. Including parents’ names on marriage registers gives children an opportunity to recognise the contribution of their parents in bringing them to that day. It is only right that mothers are recognised in their role just as much as fathers. Unsurprisingly, and as many Members of this House are aware, calls for reform of this system of marriage registration are not new. Indeed, in August 2014, the then Prime Minister David Cameron announced his support for a move to facilitate the inclusion of mothers’ names on marriage registers, and Members in the other place from all major parties have supported Early Day Motions in favour of the change. Much to the amusement of the staff in my office, a number of magazines written for what one might call the stylish woman have been interested in, and supportive of, my Bill. However, that should not be surprising. I imagine that many Members of this House who have been married themselves or whose children have married will have been shocked that only the father’s details are recorded. As someone who has performed hundreds of marriages, it seems to me wholly unreasonable that mothers are systematically overlooked on this special occasion.

The Church welcomes this change and has been working for many years with the Home Office and General Register Office on the finer points of its implementation. We have also solicited feedback from the Dean of the Arches, archdeacons and diocesan registrars.

Interestingly, I have also received a great deal of correspondence from genealogists, who are anxious for this change to be made. They find the current system of registration very frustrating as it registers only one half of the family tree. I believe that the Bill I have put forward is the best way to enact this necessary change. But, unfortunately, to enact the change is not as simple as creating another box for mothers’ names on marriage certificates, as has previously been proposed. To do so would require 84,000 hard-copy marriage registers, located around the country, to be replaced at a cost of roughly £3 million. It would also not solve the problems that arise when 84,000 hard-copy registers serve as the formal legal record. Books can be easily lost or damaged, and an opportunity for fraud exists when blank registers and certificate stock are stolen. Thus, the Bill also provides for marriages to be registered electronically, as is already the case in Scotland and Northern Ireland. The General Register Office already has a system for this sort of electronic registration, and, apart from set-up costs, no wheels need to be reinvented.

Before I outline one or two further details of the Bill, I will mention what it does not intend to do. It does not alter who can get married, where they can get married or who can perform that marriage. The Bill does not propose any changes to marriage ceremonies or the Church of England’s doctrine of marriage. These are all far greater questions, but they all fall outside the scope of this quite narrowly focused Bill. I understand that some Members of this House may have strong feelings on some of the other issues, but respectfully submit that I hope that these concerns will not get in the way of this simple and important change being made, which many people have wanted for such a long time.

I will also comment on the way in which this change will be enacted. It has been drawn to my attention that there may be some anxiety either in this House or in the other place about the power the Bill grants the Secretary of State to,

“make provision in relation to the registration of marriages in England and Wales”,

by regulation. Concern has been expressed that this constitutes a Henry VIII clause. Before your Lordships take a view on the constitutional appropriateness of the power provided for in the Bill, I humbly submit that the Bill is very bounded, both at Clause 1(1) and in the accompanying Explanatory Notes. The powers enacted by the Bill are simply those required to make this change in the simplest and most logical manner possible.

I am also extremely grateful to all Members who have come to speak in today’s debate, and I hope that I will gain their support so that this necessary change can be made. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, I gently remind those taking part in this debate of the advisory Back-Bench speaking time and urge them to follow the excellent example of the right reverend Prelate.