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

Baroness Hodgson of Abinger Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

Moved by

[Baroness Hodgson of Abinger]

That the Bill be now read a second time.

[Baroness Hodgson of Abinger (Con)]

My Lords, this is my first time proposing a Private Member’s Bill and I therefore ask that your Lordships be gentle with me as I find my feet. I begin by taking this opportunity to pay tribute to my honourable friend in the other place, Tim Loughton MP, who I see is here listening today. He has worked so hard to champion these issues and it is through his determination and constructive dialogue that the Bill has progressed and is in such good shape today. To continue this theme of collaboration, I thank Tim and the officials from the Home Office and the Government Equalities Office, led by Linda Edwards, for their support in preparing its journey through this House.

In the other place the Minister summarised this Bill as being about “hatches, matches and dispatches”. This light-hearted reference, while apt, perhaps does not convey the emotional and personal impact wrapped up in the fourfold practical purpose of the Bill. I am delighted that these clauses now represent current government policy and I shall outline each in more detail.

The purpose of Clause 1 is to address an issue with marriage entries. There is currently provision for only the father’s name to be recorded in the marriage entry when couples get married, as I was surprised to discover when my eldest son got married last summer. This has been the position since 1837 and it is high time it was addressed. The provisions in this clause will enable the updating of the marriage entry to allow for the names of the couple’s mothers to be included. The clause is narrow in scope and seeks only to change how marriages are registered.

Making changes to how marriages are registered and moving to a schedule-based system has previously been the subject of debate. The right reverend Prelate the Bishop of St Albans, who is also with us today, introduced identical measures in the Registration of Marriage Bill, which was debated in this House last year. That Bill is currently in the other place, awaiting a Second Reading. It has been apparent during the debates that the provisions in the clause have cross-party support. Moving to a schedule system similar to the one that has been in place in Scotland since 1855, and which also applies in Northern Ireland, will enable changes to be made to the marriage register entry much more easily in future, without the need to replace all the paper marriage registers. I believe that there are around 84,000 marriage registers in use across register offices, churches and other religious buildings.

The creation of civil partnerships in 2004 marked a significant moment on the road to equality for same-sex couples. For the first time, same-sex couples were able to formalise their intimate partner relationships, publicly acknowledging their commitment to one another, and able to access certain rights, responsibilities and protections. We continued to celebrate the legal and formal recognition of same-sex relationships with the introduction of same-sex marriage in 2013. However, we are left with a situation in which same-sex couples are able to either get married or form a civil partnership, whereas opposite-sex couples can only get married.

While marriage holds great value for many as a means of formalising and recognising intimate partner relationships, we know that not everyone feels that this type of relationship is for them. Some people who would very much like to have their relationship recognised in the eyes of society and the law find themselves, and often their children, without protection or security simply because they do not wish to marry. We were therefore delighted when, in October, the Prime Minister announced the Government’s intention to extend civil partnerships to opposite-sex couples. Following this announcement, my honourable friend Tim Loughton introduced an amendment on Report in the other place which now stands as Clause 2. This places a duty on the Government to legislate to bring about equality between same-sex couples and other couples in terms of their future ability to form a civil partnership. I know that the Government have concerns about Clause 2, which include the lack of detail in the regulation-making power, and I am pleased to be working closely with my honourable friend to draft an upgraded amendment to replace Clause 2. Our hope is that this will allay these concerns and ensure that the Bill is able to deliver as intended.

Clause 3 provides for the Government to prepare a report on whether and how the law should be changed to require or permit the registration of pregnancy losses, which cannot be registered as stillbirths under the Births and Deaths Registration Act 1953. Currently, parents whose babies are stillborn after 24 weeks’ gestation are required to register the baby’s name and they receive a certificate of registration of stillbirth. When a pregnancy ends before 24 weeks’ gestation, hospitals may enter a baby’s name in a local book of remembrance or issue a local certificate to commemorate the baby’s birth for those parents who want to do so. However, there is currently no formal process for parents to be able to register their loss legally.

Every year, hundreds of thousands of pregnancies end before 24 weeks’ gestation due to miscarriage, ectopic or molar pregnancy, or because parents make the difficult choice to terminate a pregnancy due to congenital anomalies. For many parents, this experience can be utterly devastating. The loss of a baby before 24 weeks’ gestation is made worse for some by the fact that there is no official recognition of these losses. That is why it is critical that the Government ensure that parents who experience a pregnancy loss receive the best empathetic care and support possible, through the NHS. As part of this ambition, Ministers should look into all options for changing the current system to recognise pre-24-week pregnancy loss. I am pleased that the Department of Health and Social Care has commissioned a review on this issue and has already made progress on gathering evidence and stakeholder views about how the current system might be improved, as well as examples of best practice. The Bill is an important part of driving this work forward and I strongly encourage noble Lords to support and contribute to the review. Losing a child is one of the worst experiences a parent can go through. By placing a duty on the Government to prepare and present a report setting out whether and, if so, how the law on the registration of pregnancy losses should change, I am confident that the Bill provides the next step in giving parents who have lost a baby the recognition they are due.

Clause 4 makes provision for coronial investigations of stillbirths. Currently, under the Coroners and Justice Act 2009, coroners have a duty to investigate deaths in certain circumstances, such as where a death is violent or unnatural or where the cause of death is unknown. This duty extends to the deaths of newborns of any age, including those who die immediately after birth. However, coroners do not have jurisdiction to investigate where the baby showed no signs of life independent of the mother, including where the baby died during labour.

The clause places a duty on the Secretary of State to prepare and publish a report on whether and how the law ought to be changed to enable coroners to investigate stillbirths. It also provides an enabling power for the Lord Chancellor to make regulations that would amend Part 1 of the Coroners and Justice Act 2009 to enable or require coroners to conduct investigations into stillbirths, to provide for when, and in what circumstances, coroners will investigate stillbirths.

I realise that the House may have concerns about a power to make regulations in this way, but the safeguards written into the clause will ensure that it is used appropriately. For example, where the regulations would amend primary legislation, they will be subject to the affirmative resolution procedure, so there will be scrutiny by both Houses, and the regulations cannot be used to create any criminal offences unless the offence has an equivalent in Part 1 of the Coroners and Justice Act 2009.

The Government fully support the introduction of this provision. However, given the sensitivity of the issues raised, I understand the need for the Government to undertake a full review and produce a report before making any changes. This will ensure that the regulations take into account the views of all relevant stakeholders.

Finally, this provision will support the work currently being undertaken in the Department of Health and Social Care to improve maternity safety, including the Healthcare Safety Investigation Branch independent investigations into all English cases of term stillbirth occurring during labour—as defined by the Royal College of Obstetricians and Gynaecologists’ Each Baby Counts criteria.

I urge noble Lords to support the clauses in the Bill and I beg to move.

--- Later in debate ---

[Baroness Hodgson of Abinger]

My Lords, I sincerely thank all noble Lords for their excellent contributions to this debate. A number of interesting points have been raised—too many to mention them all, although I know that my noble friend the Minister has mentioned quite a few. I also know that other Private Members’ Bills are waiting, so I will be quick. I reassure the noble Lord, Lord Collins, who said that consultation can mean the Government dragging their feet. The reviews mentioned in the Bill have actually started, so the horse has already left the stable.

I acknowledge all the previous work put in on the change to marriage registration by the right reverend Prelate the Bishop of St Albans and Dame Caroline Spelman, which has contributed so much to this Bill. It was very interesting to hear from the noble Baroness, Lady Featherstone, about the overwhelmingly positive response to her consultation on extending civil partnerships to all couples. That was very encouraging.

I extend enormous sympathy to the noble Baronesses, Lady Benjamin and Lady Brinton, on their losses. I commend their bravery in speaking out; I too lost a twin baby, so I know how hard this can be to do. They both spoke so overwhelmingly. I also have huge admiration for all the fantastic work that Professor Lesley Regan has done on miscarriages.

As your Lordships can imagine, we have received many letters on the issues raised in the Bill, particularly on equality and stillbirth. There is a passionate desire for us to get this through and I look forward to going into more detail in Committee. We have had a comprehensive response from the Minister on many of the technical answers to the questions and I do not think I need to add to them. Suffice it to say that my door is open to any Members who wish to discuss any of the issues raised today, so that we can ensure that we return to the Commons a piece of practical and workable legislation.

Overall, I am particularly grateful to your Lordships for being so generous to me and for the wide support for the Bill from across the House. I particularly thank the noble Baroness, Lady Thornton, for her support and my noble friend the Minister for the Government’s continued backing of the Bill. I ask that the House give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.