Inheritance (Cohabitants) Bill [HL]

Baroness O'Cathain Excerpts

Friday 19th October 2012 Lords Chamber

[Baroness O'Cathain]

My Lords, I oppose the Bill because I believe in the importance of marriage. Before continuing, I have to say that we have had very thoughtful contributions from all speakers. Most have been clear, but there have been some legal situations that I, as a non-legal person, cannot really put my head round. I will, however, make some conclusions at the end of my speech. My first concern is that the Bill would undermine the special place of marriage in our society. Marriage is already under sustained attack from our Government, as shown by the plans for the redefinition of marriage currently being pushed forward. It would be further devalued by the Bill.

In his proposals, my noble friend Lord Lester effectively equates marriage and cohabitation in law. Marriage and cohabitation are not, and should not be, regarded as equivalent. Marriage is defined by law as a life-long, exclusive commitment; a commitment publicly made by both husband and wife from the outset. In stark contrast, cohabitation is not a commitment. It is a transient relationship whose defining characteristic is that the man and woman have chosen not to marry, or to have a life-long commitment.

Studies have consistently shown that there are substantial differences in the stability of the relationship and the impact on children between married couples and those who cohabit. The 2000 British Household Panel survey involving 10,000 adults concluded that,

“cohabiting unions last only a short time before being converted into marriage or dissolving: their median length is about two years”.

These findings were later endorsed by the Scottish Government in Family Matters: Improving Family Law in Scotland in 2004. According to the Centre for Social Justice, fewer than 10% of married couples split up by the time of their child’s fifth birthday, compared to 33% for cohabiting couples. The centre also pointed out that 97% of couples who stay together until their children reach adulthood are married.

By equating the rights of married couples and those who cohabit, we are effectively saying that they are equal. I cannot understand why, in the name of equality, we constantly seek to iron out fundamental distinctions between relationships. Marriage is not a private arrangement between a man and woman: it brings together not just two people, but two families. In bringing together families, marriages build the communities on which everyday life is based. Married families form the bedrock of local communities and assist in tackling social problems such as loneliness and isolation which are so widespread. The right reverend Prelate the Bishop of Manchester referred to many more positive values brought to society by marriage.

We should therefore promote and protect marriage. The Bill typifies a narrow, blinkered approach which, while purporting to help individuals, actually serves to harm everyone by undermining the cornerstone of society. To give cohabitants the same legal protection as that which married couples receive at the death of one spouse fosters the impression that it does not matter whether you marry or cohabit. In giving cohabiting partners and married couples the same legal safeguards, public perception of marriage will be further weakened. In effect, it would send the message that commitment is of no consequence. Is that what we really want to do?

My second concern is that the Bill appears to be unnecessary. Cohabiting couples anxious about what should happen when one of them dies have two perfectly viable options open to them: they can get married, thereby receiving the benefits and protections currently provided, or they can plan carefully by making wills to ensure that provision is made for their cohabiting partner upon death. Here, we really ought to do something to ensure that every adult makes a will. So many people die intestate. That is great for lawyers but not for family members, such as children, husbands and cohabiting parties. I know of many supposedly intelligent people who will not even bother making a will. They say, “I am only 50; I am going to last to the age of 86”, or whatever. It is ridiculous. Why do we not make a bigger point of that?

In listening to the debate, one clear issue has come to the fore—namely, ignorance, as my noble friend Lord Lester called it, that there is no such thing as automatic provision on death to the surviving cohabitant. In other words, there is no such thing in legal rights as a common-law wife or husband. It was only relatively recently, within the last 10 years or so, that I realised that there were no legal rights there. There is a widespread perception that there is such a thing as a common-law wife or husband. That there is not should be stated time and again until there is universal knowledge of the situation—although the noble Baroness, Lady Deech, thinks that the belief is pretty universal. She shocked us with those quotes. I wholly support the comments of the right reverend Prelate the Bishop of Manchester on the issue.

As an aside—the noble Baroness, Lady Deech, referred to it but my noble friend Lord Lester’s Bill does not make this point—married couples have the benefit of inheritance tax relief whereas cohabiting couples do not. Currently, the taxation system recognises those who have made a commitment. Are we to downgrade commitment? The inheritance rights afforded to married couples are available to cohabiting couples—they have just rejected them by not getting married. There is clear evidence, as noted by the noble Baroness, Lady Deech, that many cohabiting couples do not want these rights. They have chosen not to marry because they do not want the legal ties involved. The Bill may be presented as not much more than a tidying-up exercise. It is a lot more than that and should be opposed in principle.