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

James Cartlidge Excerpts

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Tim Loughton]

Not only do I support it, but I think my name is on it. My proposal will help to create greater stability, with the ultimate aim of giving the 2.2 million children in such relationships the very best opportunities and the best start in life.

The Centre for Social Justice has calculated that the cost of family breakdown to this country is some £48 billion a year, or some 2.5% of gross domestic product. That is a big and growing problem, which is socially and financially costly for our society. Fewer than one in 10 married parents have split up by the time their child reaches the age of five, compared with more than one in three of those who are cohabiting but not married, and 75% of family breakdowns involving children under five result from the separation of unmarried parents. The CSJ has produced a raft of statistics showing that a child who is not in a two-parent family is much more likely to fall out of school, to become addicted to drugs, to get into trouble with the law, to be homeless and not to be in employment, education or training. Let me be clear: that is not to be judgmental about parents who find themselves, through no fault of their own, having to bring up a child alone, but two partners make for greater stability.

We know that marriage works, but civil partnerships are also showing evidence of providing greater stability for same-sex couples, including those who have children through adoption, surrogacy or whatever means. There is a strong case for believing that extending civil partnerships would improve that stability for many more families in different ways. If just one in 10 cohabiting opposite-sex couples entered into a civil partnership, that would amount to more than 300,000 couples and their children. The extension of civil partnerships would offer the prospect of greater security and stability, lower likelihood of family breakdown, and better social and financial outcomes. That, surely, would be progress.

Understandably, some people will ask, “Why can those couples not just get married?” People choose not to get involved in the paraphernalia of formal marriage for a variety of reasons. For some, it is too much of an establishment thing to do. Many identify marriage as an innately religious institution, and even if it is done in a registry office, it still has religious connotations. Some see marriage as having a patriarchal side, and some see it as a form of social control. For others, it is rather expensive. Marriage is not seen as a genuine partnership of equals, as civil partnerships are. Those are not my views, but they represent how many people see marriage. Many people have lobbied me—I am sure that they have done the same to other hon. Members—about why they would like to take advantage of the opportunity to enter into a civil partnership, and why they have not got married.

[James Cartlidge (South Suffolk) (Con)]

Some may argue that in effect, the idea of commitment would potentially be undermined, but does my hon. Friend agree that probably in reality, people who might opt for civil partnership might otherwise not have made any commitment?

[Tim Loughton]

It is interesting. I recorded a television interview this morning with a couple who have been together for 26 years; they have teenage children and, for a variety of reasons, do not want to get married. They travelled to the Isle of Man, which is the only part of the British Isles that recognises civil partnerships for opposite-sex couples, and have become the first couple from mainland UK to have a civil partnership through the Isle of Man. Obviously, it is not recognised in the UK proper.

They made a very interesting point. They said, “We want to show our commitment in the eyes of the state. We want the stability and the protection, and the legal protections, that we just don’t have as a cohabiting couple, but marriage is not right for us. If we are going to be forced into a marriage as the only way of getting that legal protection, we would effectively be undermining marriage, because we would be doing it for the wrong reasons.” Civil partnership is a way to show that commitment and get the protections without having to conform in a way that they do not believe in.

Whether we agree with them, that is their right. Surely in an age when families take many different forms, the key thing that the state should be interested in is doing whatever creates stability and the best opportunities for loving couples to thrive and for children, when they are involved, to be brought up in a stable environment. This is surely another opportunity to get more people to be able to take advantage of such a situation.

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[Helen Whately (Faversham and Mid Kent) (Con)]

It is a pleasure to follow my hon. Friend the Member for Colchester (Will Quince), who has been such an effective campaigner on this issue, and other colleagues who have made such brave speeches about their own experience of neonatal birth and stillbirth, and losing their loved ones. I also congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on this brilliant Bill, which my hon. Friend the Member for Erewash (Maggie Throup) rather ingeniously named “the Loved Ones Bill”, a nickname that brings all its elements together.

Earlier this week, I had the pleasure of meeting Denise and Dale from Boughton Monchelsea, in my constituency. They came to the House to talk to me about civil partnerships. They desperately want to make a formal commitment to each other. They want to ensure that they would both be financially protected should something happen to one of them, but they do not want to get married. They want a civil partnership, but, unlike their friends in same-sex relationships, they do not have that option.

The introduction of same-sex civil partnerships was an important step towards greater equality, putting same-sex couples on a similar legal footing as married couples and officially recognising their love and commitment in law. In 2013 we rightly introduced gay marriage, recognising that marriage has a particular status in our society, and that same-sex couples who wanted to marry should be able to do so. Paradoxically, however, opposite-sex couples are now being effectively discriminated against, as they are not given that choice. If we believe in relationship equality and giving couples the same rights and freedoms whatever their sexuality, it makes no sense to deny civil partnerships to opposite-sex couples.

I am married myself; my parents are married, as were my grandparents; but I recognise that not everyone has such good experiences of marriage. Some people see it as a patriarchal institution that oppresses women. They clearly have not met my husband and me! [Laughter.] Not all people feel that marriage is right for them, and their choice should be respected.

[James Cartlidge]

My hon. Friend is making an excellent speech. She mentioned discrimination. In 2016 a heterosexual couple presented a case to the High Court, claiming that the present law discriminated against them. The case was dismissed because the judge ruled that they were not subject to humiliation or derogatory treatment as a result of their status. Surely the point is that the system discriminates de facto, irrespective of whether people are actually abused.

[Helen Whately]

My hon. Friend has made a very good point in citing that case.

If, for whatever reason, a couple do not feel that marriage is right for them, but want to make a strong and formal commitment to each other—and given that we have developed a model for it with civil partnerships, even if that was not the original intention—I believe that we should allow them to do so.

Furthermore, we know that children benefit from growing up in a stable family, with a couple who have a stable relationship. Not every relationship works out, and not every child will be brought up by a couple in a stable relationship, but we owe it to children to help people to form, build and sustain stable relationships, and I believe that if a civil partnership is the way in which a couple want to formalise their commitment to each other, it is wrong to stand in their way.

Let me now turn to the registration of marriages. It is clearly wrong for mothers not to sign the registers, and it is also clearly outdated. The current system does not reflect modern Britain. When the child of a single mother gets married, only the father’s name is included on the certificate, even if the child was raised by its mother alone and barely knew its father. I made a point earlier about some people’s perception of marriage. The continuation of a system that does not allow mothers to sign the marriage register may add to the view of some people that marriage is rather old-fashioned and patriarchal. That is something that we could put right.

Finally, on the registration of stillborn babies, I cannot imagine the pain of losing a baby; I remember the misery of an early miscarriage, but I find it hard to imagine how I would have felt if one of my children had been stillborn, and I have so much respect for colleagues who have spoken so courageously about their experiences, particularly the hon. Member for Washington and Sunderland West (Mrs Hodgson), who has spoken today, and my hon. Friends the Members for Banbury (Victoria Prentis), for Colchester and for Crawley (Henry Smith), who mentioned his own experience earlier. I have enormous respect for what they are doing in their campaign on this, and I know it is appreciated by constituents of mine who have been through stillbirth. A constituent of mine who lost a baby—I will change the name—told me:

“Emma was my daughter, she wasn’t a statistic.”

My overriding view on this matter is that we have to do better in our health system at reducing the number of stillbirths. I spent time working in maternity units and found it shocking when looking at the data and asking questions that I got the impression that it was just accepted that every year there would be nine, 10 or 11 stillbirths; that was just how it was—that was just a fact. In the particular unit where I heard that, there did not seem to be a sense of inquiry about why, and whether each one of them could have been prevented. That simply should not be accepted.

I welcome the Government’s work and the ambition to halve the stillbirth rate; that is absolutely right, and, as my hon. Friend the Member for Colchester has said, there is a huge amount going on. A crucial part of achieving that ambition is understanding what has happened when there is a stillbirth—what went wrong—through proper investigations, perhaps by an independent body. As my hon. Friend the Member for Banbury said, coroners investigations might not always be the right way to do that, but sometimes they might, so I welcome the inclusion of that in the Bill.

We should learn from stillbirths—or late miscarriages, as they are officially known—whenever they happen, whether after 24 weeks or before. We have heard powerful points on the registration of babies before 24 weeks, and I am conscious of time so I am not going to contribute on that. Instead, I conclude by saying that I welcome the fact that the Government are clearly listening very hard and supporting the Bill.

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[James Cartlidge (South Suffolk) (Con)]

It is a pleasure, as always, to follow my hon. Friend the Member for Torbay (Kevin Foster). It is fair to say that we are, in a regular capacity, the tail-enders. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on introducing this Bill.

When I first heard about the proposal on civil partnerships, I must admit that I had one concern, about which I intervened on my hon. Friend earlier: the idea—I am not trying to present this as a straw man—that this could be seen as “commitment-lite”. In other words, it might affect the idea that marriage is something very solemn and permanent that people go into committing for life by being less of a commitment and therefore appealing to people who go into it almost in a half-hearted fashion.

That was my instinctive response. However, having considered it and, like my hon. Friend the Member for Faversham and Mid Kent (Helen Whately), spoken to people who would consider this option and would like to have it, I feel that, on the contrary, it would offer to people who would never get married a way that they can commit. That is a very positive thing. Based on all kinds of evidence, we could argue that we live in a more consumerist society where we like to upgrade our mobile phones every year and so on and to have a lot of choice. Arguably, we are not sticklers in the same way that previous generations were. Therefore, institutions that encourage commitment are to be welcomed. I do not have any problem with this in principle.

With regard to Government consultations, we hear a lot about demand. Is there demand for this option? I am not sure that that is the best way to talk about this. We are talking about rights and equality. One person can bring a case to court because that person has rights. The fact that we know individuals who would like to consider this option is enough in itself, and we then have to decide whether it is right in principle. As I said in an intervention on my hon. Friend the Member for Faversham and Mid Kent, there was a court case that found that the lack of heterosexual civil partnerships was not discriminatory because the couple in question had not been subject to abuse and so on. I disagree with that—while obviously respecting the independence of the judiciary. To me, it is self-evidently discriminatory. This provision would be a welcome addition to our institutions. I am more than happy to support it for that reason.

Since becoming an MP, I have been incredibly moved by speeches I have heard from my hon. Friends the Members for Colchester (Will Quince) and for Banbury (Victoria Prentis), and from Opposition Members, who, in a wonderful cross-party way, have supported such wonderful reforms in the area of baby loss. As a father of twins, the idea that there was a case where a parent had lost their twins and one received a certificate and the other did not is extraordinary. Whatever else we do, we should ensure that that cannot happen. That is why I support my hon. Friend the Member for East Worthing and Shoreham.

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

James Cartlidge Excerpts

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

[Tim Loughton]

As I will come on to say shortly, there have been some ups and downs with getting this Bill through. Back in October, on the civil partnerships clauses, the Prime Minister herself, in an article in the London Evening Standard, made it clear that Government policy was now firmly in favour of extending civil partnerships to opposite-sex couples. That was a clear undertaking, which was almost unanimously supported by Members of this House and very largely supported by Members of the other House. We have factored in the legislation in such a way that it can be brought in this year, which is really important and means it will also comply with the Supreme Court judgment. If there are people who have not entered into a civil partnership—presuming there are those who want it, and I know there are—before the end of this year, I shall be more than a little peeved, but I shall also be greatly surprised. That is not a problem I anticipate.

[James Cartlidge (South Suffolk) (Con)]

I think this is an excellent Bill in principle, but I want to clarify one specific point. Subsection (2) of the new clause says:

“The Secretary of State must exercise that power so that such regulations are in force no later than 31 December 2019.”

Presumably, that does not stop them coming in earlier. Has my hon. Friend any expectation that they will do so?

[Tim Loughton]

That is a very good point. I appreciate my hon. Friend’s support in saying that the Bill is very good in principle, but I also think it is very good in practice. If he remembers, the amendment that I added on Report said that the Government needed to implement this legislation within six months of Royal Assent. That was actually quite a tall order and, for all sorts of reasons, the Government were not as prepared as they might have been for this change in the law, which the Prime Minister finally gave her complete assent to in October. I was therefore content to let the six months slip, but the principle that it needs to happen by the end of the year is very important. As I will mention in a minute, a number of consultation exercises still need to take place to make sure that we get this absolutely right. Let us remember that this legislation does not give rise to the specific changes in the law; it enables the Secretary of State to bring in the changes that will enable opposite-sex couples to enter into a civil partnership. An awful lot of detail still needs to go with that, although I am glad to say that a lot of work has now been done by civil servants.

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[Tim Loughton]

There are some financial consequences—mostly about private pensions—just as there were when civil partnerships were introduced for same-sex couples. That was accounted for in the Government’s previous consultations—my right hon. Friend may remember that there was a consultation on extending civil partnerships before the Marriage (Same Sex Couples) Bill, and again afterwards as a result of an amendment I tabled. The Government are aware of the financial consequences, which are not huge and are relatively insignificant, and they have consulted on them. He need not worry that this Bill will be costly—indeed, I assure him that parts of it will save money.

Subsection (7) allows the Secretary of State to make regulations that protect the ability to act in accordance with religious belief. That could include, for example, ensuring that religious organisations are able to decide whether to host opposite-sex civil partnerships on religious premises, which should remain a decision for an individual religious organisation—I am not proposing any changes there. Subsection (8) enables the regulations made under the new clause to amend, repeal or revoke primary legislation, and amendments to clause 5 will ensure that those regulations are subject to the affirmative resolution procedure—I know that right hon. and hon. Members will be concerned about that. That will ensure that the regulations receive proper parliamentary scrutiny and are debated in this House and the other place.

Amendments 3, 4 and 5 make the necessary changes to the supplementary provisions for making regulations in clause 5, and amendment 6 changes the long title of the Bill to reflect the fact that clause 2 no longer relates to the publication of a report on civil partnerships, and instead relates to the extension of civil partnerships to opposite-sex couples—that is how it was when the Bill first started out, before the Government wanted me to change it. We are back where we were originally, but there has been a lot of good fun in the process.

Other clauses in the Bill that attracted widespread support across the House and beyond are completely intact, helped by various assurances given in the Lords by Baroness Hodgson and Baroness Williams, particularly about the consultation on moves to extend the power of coroners to investigate stillbirths. Other parts of the Bill add mothers’ names to marriage certificates—that has not been available in England since 1834—enable coroners to investigate stillbirths where appropriate, and oblige the Secretary of State for Health and Social Care to review how we might register stillbirths before 24 weeks, which are technically referred to as late-term miscarriages. A working party has already started work on that. It has slightly ground to a halt since last autumn, but it will be obliged to report under provisions in the Bill. A lot of work still needs to be done on that difficult subject, about which hon. Members heard many emotional testimonies during the passage of the Bill.

Perhaps I may crave the House’s indulgence before I conclude my remarks, because this will hopefully be the final hurdle for a Bill that started in this House on 19 July 2017, but had its genesis in amendments that I proposed to the Marriage (Same Sex Couples) Bill in 2013. This Bill has kept me awake for much of the past 20 months or so, and I wish to say some thank yous.

Even if I say so myself, this Bill is quite a remarkable achievement—[Interruption.] I am going to say so myself, and I really do not care: it is a remarkable achievement, and will be law in a few weeks’ time. As I said at the outset of my remarks, this is the most greedy and ambitious private Member’s Bill that I have seen in my 22 years in this House. It proposes not one but no fewer than four main changes to the law. It involves legislation involving not just one Department but four, and the engagement of not one but four Secretaries of State, three of whom unhelpfully got reshuffled when the Bill was approaching Second Reading, which meant that I had to start my difficult negotiations all over again in January 2018.

This is not a handout Bill, and it would not be happening had not various people supported putting all these clauses together. As I said, I made it so complicated because in my 22 years in this House of applying for the private Member’s ballot each year—other than when I was a Minister—and failing to be picked, this was the first time my name came up, and no doubt it will be the last. I went for broke, and I think we have come up trumps.

We started in the Commons on 2 February 2018, not knowing whether the Bill would receive its Second Reading, and we had to make a number of last-minute compromises. We had a lot of help from Baroness Hodgson and Baroness Williams, and other organisations that have fought tirelessly for this Bill, such as the Equal Civil Partnerships campaign—its members are looking down from the Gallery very sedately and excitedly, ahead of the celebration that we will have later on—as well as other organisations, such as the Campaign for Safer Births, and I particularly pay tribute to Nicky Lyon, Michelle Hemmington and Georgie Vestey. A few other institutions were not quite as supportive, but we got the Bill through anyway and I will not name them.

[James Cartlidge]

I was pleased to speak on Second Reading, but I think one question was not covered—forgive me if it was. It will be interesting to see what happens to civil partnerships before we break up the fundamental partnership that we are currently debating, but what is the impact on nationality rights for those in civil partnerships compared with those in a traditional marriage? Is it the same, because that issue will be important in the coming months for those in a civil partnership with an EU citizen?

[Tim Loughton]

As I think I said rather unfairly to one of our colleagues who made a not-dissimilar slightly technical point on Report, nobody likes a smart-arse. [Interruption.] My hon. Friend and I are very good friends, Mr Speaker, and I am grateful to him because he raises a good point. I have had a number of emails from people who live abroad or who have had ceremonies in other jurisdictions, and part of the consultation and final details that need to be added to the Bill are on such matters. The principle is to replicate absolutely the rights and opportunities that are available for same-sex couples. If the Bill does not try to achieve complete equality, or as close to it as is physically possible, it will not have achieved what it tries to achieve. This is all about equalities and equal opportunities.

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[James Cartlidge]

It is a great pleasure to stand up as an anointed smartarse and talk on this important subject.

Before I do so, I want to echo all the words that have been spoken today about what has happened in New Zealand. It is a terrible, terrible tragedy. If I may say, Mr Speaker, as the Foreign Secretary’s Parliamentary Private Secretary, it is possible—I hope this is not the case and I have no information—that, given the links between our two countries, family members will be worried about loved ones who may be abroad. As always, the consular service is there and available. I am sure all colleagues know that there is a private number they can use if constituents who are concerned about family members in New Zealand contact us. Let us hope that that is not the case.

It is a great pleasure to speak in support of the Bill and I very much agree with the principle behind it. When I spoke on Second Reading, I said that if there was one question that it raised in principle—this goes to the core of the amendment we are discussing—it was whether, in effect, this was a commitment-light choice; we were saying to people that they could have a civil partnership if they did not want to make the full commitment of, shall we say, a conventional marriage. I reflected on that and came to the conclusion that, on the contrary, civil partnerships were a way for people who, for many reasons, would not have wanted to go down the traditional route, to show commitment to a far greater degree.

One very real case reinforces that and underlines the point of the Bill, which I think will have huge use and ramifications for our society. It is the case of a councillor in Babergh District Council in my constituency. It is her personal testimony and it just so happens that she is also my parliamentary researcher. She is Councillor Harriet Steer and she has given me this testimony to share with my hon. Friend. She will be getting married in May. She says:

“We would have chosen a civil partnership if the option was available to us. The main reason being that traditional marriage carries a lot of archaic rhetoric that does not sit comfortably with us as a couple, or with me as a woman and Gustaf as a Swedish man brought up to believe fully in equality. This in no way diminishes our desire to commit ourselves to the relationship and each other.”

This is key. She goes on to say:

“We want to cement our commitment for a number of reasons, including that if we were to have children, they would be part of a committed family structure. I have grown up with the security of knowing that my parents are committed to one another and our family, and that provides a level of security that I would wish to afford to our children in the future. It is also a celebration of the fact that we have spent nearly a decade with each other, and provides legal benefits to the relationship. For example, if I were in an accident I would want Gustaf to decide what happens rather than my parents, as he will have a much clearer idea of my wishes.”

She concludes:

“A civil partnership would provide us with the elements of a traditional marriage that we are seeking without the heavily sexist sentiments and history. It would not diminish our commitment to the institution that we are joining but result in a better fit.”

[Neil O’Brien]

Does my hon. Friend agree with his researcher that marriage has sexist connotations?

[James Cartlidge]

I am reading out her personal and passionately held views. I certainly would not make any judgment on them. The interesting thing is that when my researcher passed me this note, she said that she was discussing the Bill last night with friends. She is in her mid-20s. They all said that they would prefer this route than marriage. I think that that is profoundly interesting.

[Victoria Prentis (Banbury) (Con)]

I have heard equally powerful testimonies from those who are the product of broken marriages and who come to the idea of marriage with a lot of baggage. Is that something my hon. Friend recognises?

[James Cartlidge]

That is an excellent point. Frankly, whatever form the legal joining takes, we cannot legislate for humanity’s various ways of working positively and negatively and interacting with one another. There will be breakdowns in civil partnerships just as in traditional marriages. I hope that having this structure means that more people bring more stability for their children and to their lives in a way that they find amenable. I think that this is a historic moment and that this option will become very common. I do not know what assessment or predictions have been made of the likely take-up—who can possibly say?—but I think that this change will have a very significant impact.

[Julian Knight]

My hon. Friend is making a very powerful speech and it is really interesting to hear the thoughts of his parliamentary assistant, who feels similar to me. Does he agree that people of faith—I am a person of faith—also have to have strength in their faith to understand others who do not have that faith and perhaps to allow them complete equality under the law?

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[James Cartlidge]

My hon. Friend makes an excellent point. In reading this real-life testimony and talking about the potential impact of the new structure, I can imagine that there would be those who say, “Well, hold on a minute. What about religious marriage? What about commitments through historical, established ways?” but the point is that the Bill is no threat. It just provides a different way for people who do not have those views. As my hon. Friend rightly says, a part of faith—particularly of the Christian faith and, I imagine, all other faiths—is that we tolerate people who take a different view. Indeed, the vile act overnight goes against all religions, precisely because it goes against the principle of religious tolerance.

[Kevin Foster (Torbay) (Con)]

I completely agree with my hon. Friend that all true followers of a faith would absolutely abhor what happened last night. No religion calls for blood, slaughter and murder in that way.

Turning to the Bill, a comment was just made about the idea of marriage versus civil partnership, but many people who have a religious faith have a very different view of marriage from those who do not have faith and get married. It is not just the idea that people in a marriage have one set of views compared with those in civil partnerships. Those entering into marriage will have varied views. I view it as an act of union before God, whereas those getting married at a local register office may take a very different view. It is about what it means to the couple and the individuals concerned.

[James Cartlidge]

That needs no further comment—it was brilliantly put, as always, by my hon. Friend. I look forward to hearing from him today, as we so often do on private Members’ Bills.

[Kevin Hollinrake]

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) referred to the principles that lie at the heart of the Bill and this particular part of it in terms of equality, as did my hon. Friend the Member for Solihull (Julian Knight), but there is something else as well. My hon. Friend the Member for South Suffolk (James Cartlidge) read out the note from his constituent—I think he said she was a councillor—and she used the words, “We would have chosen”. Is not the principle choice and freedom? Today more than ever we should absolutely make sure that we reinforce that principle at the heart of the Bill.

[James Cartlidge]

My hon. Friend makes an excellent contribution and he is absolutely right. It is interesting that the Bill brings not only choice, but responsibility. We are not talking about some sort of libertarian agenda. The Bill provides a chance to have a choice and also to bring greater stability to people’s lives and for the children that they may have, so that is a very good point.

I want to make one more point about my researcher, Councillor Steer, whose testimony on this important matter I read out. It is fair to say that she is not a Brexiteer and that she sees certain advantages in marrying a Swede—although, of course, that is not the reason. I raised that point in intervening on my hon. Friend the Member for East Worthing and Shoreham, the promoter of this very good Bill, because it is important and will bring focus in future to what happens on someone’s nationality if they have a civil partnership as opposed to a marriage, and so on. However, there are finer legal minds in the Chamber today to comment on these matters, and I will leave that to them.

On timing, it is interesting that my researcher would have chosen the option under the Bill. The sooner that it can be available, the better, because there really are people on whose lives the Bill would impact and who would choose to go down this route. It is satisfying to know that the very latest that the provisions may be used is new year’s eve. I imagine that if that is when there is the first civil partnership under the Bill, there will be quite a party.

Finally, I note that amendment 1 refers to the “financial consequences” of civil partnership. In my experience, there is a lot of complexity around inheritance tax regulations, pensions and so on, and I hope that others may be able to clarify the implications of some of those points. I am very happy to support the Bill. Not only is it a very good Bill in the areas that it covers, such as marriage certificates and others, but I think it will be historic and in future standard practice by which people cement commitment and show their love for each other in a way that is no more or less worthy than any other.

[Victoria Prentis]

It is a great pleasure to follow my hon. Friend the Member for South Suffolk (James Cartlidge), who spoke very passionately. I echo what he said at the beginning of his speech: it is relevant, when, on Fridays, we consider important, life-changing events, that we think about people around the world recovering in the aftermath of a horrific attack in New Zealand. I think today about my constituents going to Friday prayers at our two mosques in Banbury. That will be a difficult and worrying experience for people all around the world and it is right that we should think of them.

This is the third time that I have risen to support the Bill. We could view it as hatched and matched, and now is the time to dispatch it to the wider world. I am very glad to see that the Lords considered it in such detail and to be here today for its return to the Commons. I appreciate the Bill’s far-reaching scope, but it has come a long way since it was introduced by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton)—my good friend. It is customary on Fridays for us all, at this point in the dispatching process, to praise to the skies the hon. Member who has brought the Bill to its dispatching moment, but as he did that so well himself, I do not know that I need to add much, apart from to congratulate him on ultimately getting dressed this morning and to thank him for the persistence and good humour with which he has involved very many people in both Houses in the production of the Bill.

Looking around the Chamber, I see my hon. Friend the Member for Solihull (Julian Knight), who I remember had a very emotional debate in Westminster Hall when we first arrived in this place about mothers’ names on marriage certificates. I think that he, like me, would like to pay tribute to our other right hon. Friend the Member for Meriden (Dame Caroline Spelman), who has worked particularly hard on that issue, which really is irritatingly long overdue.

In all seriousness, I pay great tribute to my hon. Friend the Member for East Worthing and Shoreham, who has worked hard, even if he knows it himself. I wish all parts of the Bill well. It has had cross-party support and I hope that we can come to an agreement today so that it can get through its remaining stages and receive Royal Assent before the end of the parliamentary Session. I also hope that Members in the Chamber continue to push. We may have achieved consultations and we may have got the Government to agree to look at things, but we want to deliver on all the Bill’s promises, so that dispatching means fruition rather than the sadder meanings of the word.

The focus of amendments from the Lords centre around extending civil partnerships to other couples. We have moved from a position where the Government were going to undertake unspecified work on how that could be done to putting an obligation on the Minister for Women and Equalities to prepare a report on the subject. We find ourselves today with a real commitment to bring in the necessary regulations before the end of the year. This is a great example of how Back-Bench MPs can work with Government to bring about change, and it is possibly also an example of why we think that a deal is better than no deal.

I also welcome the reassurance in subsection 7 that the decision to host an opposite-sex civil partnership on religious premises will remain a decision for individual religious organisations. I know that the Bishop of Oxford made an extremely thoughtful contribution when the matter was discussed in the other place last week.

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[Julian Knight]

Thank you for calling me so early in the debate, Mr Deputy Speaker. Let me add my comments to those of other Members about the tragedy—the abomination—that has been unfolding in New Zealand overnight. As one who represents a very diverse community in Solihull, I have seen at first hand just how disgusting religious intolerance is: not so long ago, a pig’s head was left at a mosque. I shall be writing to and communicating directly with leaders of the Muslim community in Solihull. We really must stamp out this religious intolerance.

I pay tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has been very modest during the debate. He is noted for that. [Laughter.] I pay tribute to him for the way in which he has persevered relentlessly with the Bill, in the face of some opposition at times, for the way in which he has worked across parties, and for the way in which he has put his case. All that has been an example of true, fine parliamentary activity.

I am sure that I speak for the great majority of Members when I say how pleased I am to see this important Bill making such fine progress. As my hon. Friend said, it is an ambitious Bill. It tackles several social wrongs at once, and does so with great precision and attention to detail. Many of its provisions, especially those updating the law on marriage, are long overdue, and will do much to bring that ancient institution into line with the evolving values and mores of British society today.

The absence of mothers from marriage certificates is an absurd anachronism which, my hon. Friend tells me, has persisted for 182 years; I had thought it was 150. That is utterly ridiculous. I join my hon. Friend the Member for Banbury (Victoria Prentis) in paying tribute to my good friend, my right hon. Friend the Member for Meriden (Dame Caroline Spelman), who is another fine parliamentarian and a superb neighbour, for the work that she has done.

As I have mentioned before, I have personal experience in this regard. The stark reality is that 90% of single parents are women, and I myself was raised by my mother from the age of 10. She worked two jobs and raised me single-handedly, which probably equates to a third job. She worked herself to a standstill, and between the ages of 14 and 18 I had to become a young carer because of all that hard work. She had worked for British Telecom, and in a bar at night; she would start at 8 am and finish at 11 pm. I was lucky enough to keep a good relationship with my father over the years, but my mother raised me, and I was appalled to find, when I got married in 2014, that as far as the official documents were concerned, she might as well not have existed. But she mattered, of course, and that was entirely unjust. I am delighted and relieved that this glaring oversight will be corrected in the very near future.

[James Cartlidge]

My hon. Friend is making a powerful and personal point, and we all admire him for his bravery in doing so. Does he not agree that one of the great powers and privileges we have in Parliament is the ability to correct historic injustices that we have experienced directly, so that others may not suffer the same fate?

[Julian Knight]

I thank my hon. Friend. He is a very compassionate and good friend of mine, and he is absolutely correct. I just wish we could have done this sooner, but we are here now, getting it done, and that is thanks to my hon. Friend the Member for East Worthing and Shoreham.

I am pleased that the Government are taking the opportunity provided by the Bill to review the way in which we record marriages in this country. The fact that the alternative means of achieving some of these important reforms via secondary legislation, which would involve reissuing tens of thousands of paper records, was found to be so extraordinarily inefficient, time-consuming and expensive has shone a spotlight on how analogue the marriage registration system still is. I know that some of this officialdom has become part and parcel of the wedding ritual, and I hope that the process of signing the register and receiving a certificate can remain for those who want it, but there is no doubt that moving towards a secure, streamlined and centrally accessible marriage register is a logical step forward.

The second important change ushered in by the Bill is the opening of civil partnerships to heterosexual couples. As I said earlier, I am married and I am pro-marriage. It is an ancient and precious institution, which offers happiness and security to millions of people in this country. As a Conservative, however, I recognise that institutions only survive to become ancient and precious if they are able to adapt to social change. As I also said earlier, people of faith must have strength in that faith, and must understand and adapt. There is no doubt that public attitudes towards marriage, in both its legal and its religious dimensions, have evolved since the law was last updated.

I am a person of faith, although sometimes it is quite a fragile faith, but an increasing number of my fellow citizens are not, and I quite understand why many of them would be uncomfortable at the prospect of marriage. Even a civil ceremony carries the weight of a long and deeply religious history. I recognise, too, that after decades of rising divorce rates, there are doubtless many people who have experienced marriage, either personally or close at hand, and decided that it is not for them. The fact that I myself did not marry until I was nearly 40 may be an indication of the long-term effect that a marriage breakdown can have. None of that should for one moment be taken to imply that those people’s love for, and commitment to, their partners is any less than the love and commitment felt by those who do decide to get married, but the law as it stands assigns an inferior legal status to their relationships.

My hon. Friend the Member for South Suffolk (James Cartlidge) mentioned financial implications. It is important to align inheritance tax and pension rights so that heterosexual civil partners have the same rights as those of the same sex. That should not be left to the discretion of trustees in private pension schemes. My hon. Friend the Member for East Worthing and Shoreham raised the question whether pensions could be passed to siblings. It would be a matter for the trustees, but I know of very few who do that at present.

I had hoped for a change in the way in which heterosexual couples in civil partnerships are treated in more sensitive circumstances, such as those involving hospitals. On Second Reading, I spoke of my personal experience when I lost my partner in a road traffic accident in 1999. I will not go over that particular story again, but I will say that I had to almost beg my way into a ward where the woman I loved was dying. That was not right, and I really hope that no one else will have a similar experience.

As for the law governing stillbirths, I am glad that the Bill deals so sensitively with what must be an unimaginably painful topic for so many. It is never right when arbitrary officialdom intrudes to compound the grief of a bereaved family, let alone when it stands in the way of a proper investigation of a child’s death. It is quite right that the law will be changed so that coroners are able to investigate stillbirths; that is an important extension to unborn children and their parents of rights due to every living person.

--- Later in debate ---

[Kevin Foster]

I agree, and as always my hon. Friend brings his expertise in that industry to the Chamber. Yes, this does create tenancy rights, and again I do not see any reason why extending this to mixed-sex civil partnerships would have any different impact on the landlord-tenant relationship from that which same-sex couples and civil partnerships have had.

This Lords amendment is very welcome, and I want to reflect briefly on one of the points made by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton): that this does not force a religious organisation to offer civil partnerships. If a Church decides it wishes only to offer marriage in a sacramental sense, it still has that choice. This is not about taking away anyone’s right or ability or forcing someone to offer something they do not wish to offer; it is about extending choice to those who currently do not have it.

I appreciate that not everyone wants to get married in church; that is not the right option for everyone—although for me it was. Not everyone necessarily wants to have the institution of marriage, given what some people foresee as its historical position. I personally profoundly disagree; I believe it is about a unique partnership that puts two people together for life, and that is very special.

My mother passed away in 2014, but my father would still see himself as married to my mother today, five years after her death. My grandparents were together for 57 years prior to my grandmother’s death. For them it was something that was unique and very special, and it signified what they meant to each other. I accept that for my family that was achieved through religious marriage in church, whereas for others it would be through the choice of a civil partnership which they feel better reflects their lifestyle or the choices they wish to make. I do not see why now in the 21st century the law should not allow them that opportunity. No one is not going to be able to get married because this has passed; it just gives people a choice.

[James Cartlidge]

We are used to this tradition of Friday speeches. The whole point is that we are giving a new right, not taking any away from people.

[Kevin Foster]

I thank my hon. Friend for his intervention. I could not have put it better myself. This is about new rights, new choices and new abilities for people, to reflect the different lifestyles and relationships of today.

The Bill will also help to deal with the idea of the common law spouse. Too many people think that they have some sort of status as a common law husband or wife, right up until the point when tragic circumstances occur and they suddenly discover that they have virtually no status at all. In fact, they have the same status as a mate they know down the pub. That is when things start to go wrong, but the Bill should help to reduce the number of such occurrences.

--- Later in debate ---

[Neil O’Brien]

My hon. Friend is right to add that.

As I said, this Bill does two wonderful things with which I completely agree, but I will now talk about my dog in the manger. There is no point in having a Parliament if we cannot have disagreements in it, and this is the whole point of the exercise. I start my remarks on this by putting on the record my support for equal marriage for gay people. I always have done, including when that hugely important reform was made. Despite the fact that this country has made a huge amount of progress, there is still a large amount of discrimination against gay people, and it is easy not to notice it if one is heterosexual. For example, I read not that long ago about a man who was kicked to death by a gang of wicked people in Trafalgar Square—the centre of our capital city—just for being gay.

I was a strong supporter of equal marriage for gay people because it marked another step towards just treating gay people like everybody else. I support the goal of equivalence for heterosexual and homosexual couples, but I would rather achieve it in a different way. I thought that civil partnerships were a useful stepping stone towards equal marriage for gay people, but now we have got there, I would prefer simply to have equal marriage for heterosexual and homosexual couples.

When this Bill was previously debated in Parliament, two different arguments were made for having two different types of marriage, and I use “different types” advisedly. The first argument was that a lesser type of marriage was being created—a sort of “try before you buy”—but that argument was strongly objected to by other supporters of the Bill, including the hon. Member for Rhondda (Chris Bryant), who said that the two types of marriage were equal. There was no consensus on that argument, and it has not been one of the main arguments made today.

The second argument is that marriage is in some way a religious, paternalistic or sexist institution. Some Members have alluded to that with references to people getting in touch with them to say that that is how they feel about marriage, which is why they would like a civil partnership instead. It is important to note that the Lords made a clear, adamantine distinction between religious and civil marriage and that this House cannot regulate religious marriage. As my hon. Friend the Member for Torbay (Kevin Foster) pointed out, the two are completely different. We cannot put a window into men’s souls, and it was important during the passage of the legislation for equal marriage that we made the huge distinction between civil and religious marriage, which continues in this Bill. There is no question of religious ministers being forced to do anything, but they are welcome to choose to do so if they want. That is the right balance.

Several Members have described how people have suggested to them that marriage is a religious or sexist institution, but if there is anything sexist about it, we should change that and ensure that it is not. It would surprise my wife if I told her that she had agreed to take part in a patriarchal or religious institution. We are both atheists, and we were not allowed Madonna’s “Like a Prayer” as a wedding song because it is religious, so we missed out on that opportunity because of the important distinction. One of the reasons why I do not agree with this measure is that I do not want to endorse that argument. If people feel like that, they are wrong. We must do everything we need to do, because they are wrong. Let us change it if there is a problem, but the onus is on those who want the change to make the case for it.

I believe that a single institution would be better for equality. It would be a simpler story. Gay people can get married and straight people can get married. We can all get married—simple. There will not be different types of things for different types of people. I am nervous, as the House can tell, about some of the arguments made for extending civil partnerships, not least this “try before you buy” argument about it being a softer thing. I find that particularly concerning.

I have put my concerns about this measure on the record, and my eloquent hon. Friend the Member for South Suffolk (James Cartlidge) is right that this will be a popular measure and that a lot of people will take it up. I think it will be widely used, and he is right about that, but I am concerned.

[James Cartlidge]

Forgive me if I am wrong, and I imagine that it would be hard to measure, but many of the people who go down this route would not have got married. This is an additional choice, rather than something that removes a choice. We should open our eyes to the fact that people see this is as something different that suits them, and we should embrace it as a positive new development.

[Neil O’Brien]

That is probably the strongest argument for it, but my hon. Friend has already said that his constituent was going to get married in the absence of this measure. I am nervous about the argument, “I would prefer something else because I feel that marriage is sexist.”

--- Later in debate ---

[The Minister for Security and Economic Crime (Mr Ben Wallace)]

I am grateful to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for his thorough explanation of clause 2 as it now stands in the Bill. I also pay tribute to him and his co-promoter, Baroness Hodgson, who guided the Bill so expertly through the other place, for their commitment to the vital issues that the Bill seeks to address, including the extension of civil partnerships to opposite-sex couples.

The Government are very supportive of clause 2 and the policy intentions behind it. I would like to answer the concern voiced earlier about the difference between “may” and “must”. Clause 1 confers a power to make regulation, but clause 2(2) imposes an obligation to exercise that power by 31 December 2019. I hope that sets at rest those concerns arising from this long and often held debate about “may” and “must”.

I thank my hon. Friend and Baroness Hodgson for the open and receptive way in which they have worked with the Government, officials and others to improve the drafting of the clause. As my hon. Friend outlined, clause 2 now requires the Secretary of State to make regulations to extend civil partnerships to opposite-sex couples by no later than 31 December 2019 and empowers the Secretary of State to make other provisions in view of the extension of eligibility.

There remains much work for the Government to do before then. There are some complex implementation issues that will need to be considered in the coming months, including the formation, dissolution and voiding of civil partnerships; considering what religious protections should be put in place; the implications for private sector, state and public sector pensions; other financial entitlements, including tax credits, capital gains tax and housing benefit; international recognition of relationships formed here and abroad; the consequences for a civil partnership of one partner seeking a gender recognition certificate; a series of devolution issues; conversion rights between civil partnerships and marriages and vice versa; checking the many thousands of existing references to civil partnerships across the statute book; and drafting the necessary amendments, scrutinising and laying the regulations, and scheduling time for debates in Parliament. This is because the Civil Partnership Act 2004 is bespoke to same-sex couples and simply amending that legislation will not give opposite-sex couples the necessary rights, protections and entitlements.

It is also important that we take the views of the public and stakeholders on many of these issues to ensure that we exercise the regulation-making powers to create a new civil partnership regime that works for opposite-sex couples, that is fair and that is human rights compliant. Previous experience suggests that we are likely to receive thousands of responses to the consultation, and we will need to allow time to consider these and for the Government to respond.

That said, the Government are committed to changing the eligibility requirements for civil partnerships by the end of the year. This is very much an end date, rather than a target, and we are working to implement the new regime at the earliest opportunity. Our aim is that by the end of this year opposite-sex couples will be able to register and form civil partnerships. I hope that hon. Members will support my hon. Friend’s amendments, which will enable the Government to make the necessary changes so that opposite-sex couples will finally be able to express their commitment to each other in the way that best suits them.

Throughout this debate, many colleagues across the House have contributed and paid tribute to my hon. Friend and the good work that the Bill is trying to do. I am grateful to my hon. Friends the Members for Torbay (Kevin Foster) and for Harborough (Neil O'Brien) and especially to my hon. Friend the Member for Solihull (Julian Knight), who gave a moving account of his mother and the desire to see her name on his marriage certificate. I am also grateful to my hon. Friends the Members for Banbury (Victoria Prentis), for South Suffolk (James Cartlidge) and for Thirsk and Malton (Kevin Hollinrake) and to the Opposition Front-Bench team.

The Government have no intention of dragging their feet. It will come as no surprise to you, Mr Deputy Speaker, that this is not a normal part of my portfolio as Security Minister, but I asked in preparation for this debate what exactly would take time to implement.

[James Cartlidge]

Does my right hon. Friend agree that this measure will bring security to a great many people?

[Mr Wallace]

I think we all need stability these days, and this will definitely add to that. Stability in our relationships is incredibly important. We all aspire to that as a good basis for our society. Strong personal relationships will lead to a strong society, and I fully endorse the aims of the Bill.

I rarely attend private Members’ days, but it is nice at this time—with the awful goings-on in Christchurch and the goings-on outside in this divided country—to see a succession of Bills, especially this one, that are about doing some good in people’s lives, which is what everyone across the House wants to do. I am incredibly pleased to have been a part of that in these few short hours. It is easy to forget that Members of Parliament, who are denigrated and now targeted and ridiculed at both ends of the political spectrum, more often than not do good things together to make people’s lives better, and I pay tribute to my hon. Friend who has steered through both Houses a Bill that will make a difference for the good to many people’s lives.

Lords amendment 1 agreed to.

Lords amendments 2 to 6 agreed to.