Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Tim Loughton and Christopher Chope

Ping Pong: House of Commons
Friday 15th March 2019 Commons Chamber

[Tim Loughton]

Thank you so much, Mr Speaker. Having made the journey back home, I eventually got to my office to realise that I had left my mobile phone in my jacket that I had taken off, so things can only get better today.

We have before us technical amendments. The Bill has had a long journey. It had its First Reading on 19 July 2017—those heady days when we had a relatively stable Government and could get legislation through the House. Today is a culmination of that, with ping-pong, which I hope will be solely ping and leave no pong.

Members will remember that when my Bill left the Commons last year, it contained my last-minute amendment obliging the Government to bring in the legislation on civil partnerships within six months of the Bill achieving Royal Assent. Curiously, although the Government at that time were not supportive of it, when it came to the possibility of a vote, a rather curious new parliamentary term was coined by the Immigration Minister, who said that the Government were not “actively” opposing my amendment. Hopefully that has now transmogrified into the Government supporting it.

While the wording of clause 2 has changed since the Bill left this House, I want to assure Members that the intention of the clause—to create equality between same and opposite-sex couples in their ability to form a civil relationship—remains. I amended my Bill on Report, before it left this House, to give the Government the ability to extend civil partnerships to opposite-sex couples, rather than just review the possibility of an extension. The Government, although slightly belatedly, came to support the principle of opposite-sex civil partnerships, perhaps spurred on by the Supreme Court judgment in a case last June. I accept that there were technical deficiencies in the drafting of my original amendment.

Since then, I have worked with the Government and the noble Baroness Hodgson of Abinger, to whom I pay great tribute. She guided the Bill through the Lords as a private Member’s Bill virgin, as she described herself, but did so skilfully and with great deftness, steering it on an even course so that it is back here with us today. Baroness Hodgson was able to correct those deficiencies and improve the drafting of the Bill. She then tabled and successfully moved the revised clause 2 and related changes in Committee in the other place, despite some rather indulgent attempts by certain peers in the other place to add their own agendas to the Bill, which were, alas, defective and would have had the result of scuppering the whole Bill. I pay tribute to the way that Baroness Hodgson steered those through potentially choppy waters to avoid the Bill being holed below the water line.

Lords amendments 1 and 2 replace my earlier version of clause 2. The new clause now requires the Secretary of State to amend by regulations the eligibility criteria of the Civil Partnership Act 2004 so that two people who are not of the same sex may form a civil partnership. The Bill requires that these changes be made so as to come in no later than 31 December. That will mean, as we have agreed with Ministers in the other place, that the legislation needs to be in place by 2 December, because notification of a clear 28 days is required before a ceremony can actually take place. There was an undertaking that civil partnerships would be available before the end of 2019, and I look forward to a series of invitations to civil partnership ceremonies on new year’s eve.

[Sir Christopher Chope (Christchurch) (Con)]

Many congratulations to my hon. Friend on steering this Bill through so successfully and on getting his timing absolutely right so that it could incorporate the decision of the Supreme Court. May I ask him whether he is concerned about the fact that subsection (1) of the new clause says:

“The Secretary of State may, by regulations”

thereby indicating a certain discretion, but subsection (2) says that if he exercises that discretion under subsection (1) then he “must” do so before 31 December? Is my hon. Friend suspicious that the contrast between “may” and “must” in subsections (1) and (2) could be used by the Government to undermine what he has just asserted?

[Tim Loughton]

I know my hon. Friend is always vigilant, rather than suspicious. Having sat through many Committees over many years in this House arguing the toss over whether the word “may” should be replaced by the word “must”, I have to say that I am not concerned about the wording of the Bill. I have had many conversations with the Ministers responsible, and the Government are absolutely committed to delivering on the undertakings in this Bill. It had to be put together in such a way to give some leeway to Ministers to be able to produce the right legislation at the right time. That involved a degree of discretion, which I know my hon. Friend and others in both Houses were concerned about. A number of undertakings were therefore added to the Bill and were given orally, not least a sunset clause, so that this clause, which I know my hon. Friend has had concerns about in the past, could not be used for other purposes as something of a Trojan horse. I entirely appreciate his observation, but I do not share his concern that this will not actually be produced. I think it will be produced in a fairly short space of time. Goodness knows, we tried for long enough to get mothers’ names on marriage certificates.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Tim Loughton and Christopher Chope

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[Tim Loughton]

I beg to move, That the Bill be now read the Third time. I said at the beginning of my previous remarks that this morning would be a breeze. There have been a few headwinds, but so far, so good. I hope we can continue in that spirit of agreement and consensus across the House regarding all four measures in the Bill, which are much needed and much supported. My Bill has been referred to as the hatch, match and dispatch Bill because it covers so many junctures in people’s lives. I like to view it rather more as a Bill to address anomalies and iniquities in the law that, in many cases, should have been dealt with a long time ago.

I want to apologise in advance to officials, because if the Bill now goes through as amended, as I hope will be the case, they will have a lot of work to do in a relatively short space of time, but we now have a timeline, and that work should be a welcome distraction for them from Brexit, so there are upsides as well as downsides.

There are four aspects of the Bill, as I have mentioned. Clause 1, which is about marriage registration, seems to have excited the most vociferous support this morning. I am sure that the Minister will actively support it, rather than not actively support it—she appeared to say earlier that she did not like new clause 1 but would not actively oppose it, although passively she would have done. But we have moved on to Third Reading now—we are on the final bend.

I pay tribute to the Bishop of St Albans for the Bill that he has steered through the Lords, ably supported by my right hon. Friend the Member for Meriden (Dame Caroline Spelman), whose name is attached to it on today’s Order Paper, albeit somewhat later on. She has been a champion for this issue over many years, as have other Members who have attached their names to various private Members’ Bills to try to address this anomaly. It is absurd that mothers have been able to put their signatures on marriage certificates in Scotland since 1855—and indeed in Northern Ireland—and in respect of civil partnerships in England and Wales since 2004, but that not since Victorian times has a mother’s name been recognised on a marriage certificate.

On Second Reading, I produced my own marriage certificate. My dear late mother’s name is absent from it, and to add insult to injury, my father’s name is on it twice, because he signed not only as witness but as the vicar who married us, adding double insult to injury. There are countless cases of people saying, “I never knew my father because he assaulted my mother and did a runner on us before I ever knew him, yet his name has to go on my marriage certificate, and the name of my mother, who has done all the heavy lifting, suffered all the abuse, and brought up, nurtured and loved me as a daughter, does not appear.” That is not right. I hope that the Bill will at last address that anomaly and that mothers can then proudly put their names on the marriage register in the new electronic form, which will bring it up to date for the future.

I am not going to go into the second aspect of the Bill, which is civil partnerships, at length again. We have been debating the matter since the 2013 same-sex marriage Bill. If my amendment had been agreed at that time, we would not still be having this discussion now. There have been many opportunities to address this unintended inequality.

[Sir Christopher Chope]

Since the Government are in the mood to apologise for all sorts of historical events, does my hon. Friend think they should apologise for getting the law completely wrong?

[Tim Loughton]

I am in a generous frame of mind this morning, and rather than their saying sorry, we should be saying hurrah that we are now doing something about it—[Hon. Members: “Hurrah!”] I do not know how Hansard will treat that.

The third aspect of the Bill relates to the production of a report on the registration of pregnancy loss. Again, clause 3 has already achieved its objective, partly in the light of our Second Reading debate, which we had back on 2 February, when we were all moved by the extraordinarily touching personal testimony of the hon. Member for Washington and Sunderland West (Mrs Hodgson) about her own experiences—I wonder whether she will draw her attention away from her mobile phone, because I know she would like to listen to this tribute and not be distracted. As a result of the strength of feeling in the speeches and the subsequent response from our constituents, the then Health Secretary—he is now Foreign Secretary—said, “Well, actually I think we just need to get on with changing the law.” A group was set up with a mandate to see how we could change the law to acknowledge in some way those births that are stillborn but happen, by whatever quirk, to fall below the 24-week gestation line and are therefore not recognised in the eyes of the state. The situation has brought huge distress to parents who are already in distress at the trauma of losing a child. The fact that they happened to lose that child at 23 weeks and six days means that, in the eyes of the state, that child never existed and is classed as any other baby loss. In saying that, I in no way diminish the trauma of all baby loss, but there are so many examples of this.

My constituent Hayley Petts first brought this matter to me, and she served on the working group with the hon. Member for Washington and Sunderland West. The group has been discussing many aspects of how the law can be changed and has also thrown up a lot of problems about how we go about changing the law. Should we have a universal certificate for all baby loss, for example? Should the scheme be voluntary or mandatory? Should it be subject to medical verification, as is the case under the Australian scheme, and should it be retrospective? There is then the whole thorny issue of how we avoid getting into the minefield that is abortion and other forms of termination. The Bill has done its job before it has become an Act because such work is going on under the aegis of the Department of Health and Social Care, and I hope we will have some results in due course.