Legislative Reform (Civil Partnership) Order 2011

Baroness Symons of Vernham Dean Excerpts

Monday 7th February 2011 Grand Committee

[Baroness Hamwee]

My Lords, on behalf of the Liberal Democrats, I, too, am very happy to see this order. Perhaps I may say that this is the most sympathetic, human and humane Explanatory Memorandum to any parliamentary document that I have ever seen. I was very impressed at the account of what some individuals did to assist the situation using free time in their diaries. I suspect that the high commissioner who was so helpful in Brisbane is well known to Members of this House. I would have expected no less of her, but it was nice to read about it.

Like the noble Lord, Lord Smith, I, too, am concerned about the wider issue. I appreciate that the Minister is not in a position to do more than make sympathetic noises to these representations. Nevertheless, it is right that we should do so. I was almost as much as anything dismayed at the list of countries in the table which did not reply, but which it was believed would object. That says a great deal.

I hope and would encourage the Government to work as far as they can at the recognition of civil partnerships in those countries. The UK recognises a number of overseas same-sex partnership schemes across and beyond Europe, but this is not widely reciprocated. This order is extremely welcome.

[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.