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

Julian Knight Excerpts

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

[Tim Loughton]

My hon. Friend, who attended previous debates as assiduously as my hon. Friend the Member for South Suffolk (James Cartlidge), raises a good point. I think it is the noble Lord Lexden who has a private Member’s Bill in the Lords, and, in the past, other Members in this House have tried to change legislation so that a formal civil partnership would be available to sibling couples, typically two sisters who have lived together in a jointly owned property over many, many years. When one dies, the other is faced with a large inheritance tax bill and all sorts of other things that are clearly disadvantageous. I have a great deal of sympathy with that, but my response—Baroness Hodgson spoke to Lord Lexden and others about this—is, first, that the Bill is not the place to address that situation, because it is essentially a financial matter.

The Bill is about families and partnerships; that situation is about fair financial treatment between blood relatives who are committed to each other. If it were to be addressed in a finance Bill or a similar measure, I would have some sympathy for it. I think it should be judged on that basis. I am talking about couples who come together and may have children. I know there are some special circumstances, for example where a couple of sisters may be looking after a niece or nephew of a deceased sibling. It is complicated, but essentially it is a matter of financial unfairness and I would like to see it dealt with in financial legislation.

[Julian Knight (Solihull) (Con)]

On that specific point about financial matters, does my hon. Friend therefore think that that should also apply to pensions and the passing on of pension rights?

[Tim Loughton]

Again, that is a good point. As the law is framed at the moment, they would not qualify. Some generous schemes might recognise that there was a dependent relationship, but those issues need to be looked at in greater detail, with the wisdom and scrutiny of officials and Ministers from the Treasury and the Department for Work and Pensions. I would certainly suggest that the Government, or any other Member whose name comes up in the private Member’s Bill ballot, look at the issue separately. Private Members’ Bills cannot be used for financial matters, so there might be a problem there, and that is why this Bill would not be the most appropriate vehicle to deal with it.

Hundreds and hundreds of mothers and fathers of potential civil partners have written to me and other hon. Members in support of the Bill on its long journey. There have been some heart-rending accounts, particularly from those who have suffered the trauma of stillbirth. I have to say that at times the progress of the Bill has been in spite of the Government, rather than with their support, although I think they have come to realise that the Bill always was the best and the speediest vehicle to deliver civil partnerships and marriage certification with mothers included, especially after many abortive attempts.

If I could just single out one Minister it would be the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar). He wanted to be here today. He has a lot of skin in the game with many of the issues in the Bill that he has championed in this House. He has gone above and beyond. He stepped in to bash heads together in Departments to find a way through and he has done a lot of work within his own Department on preparing for the power to go to coroners to investigate stillbirths. When the Bill becomes law, I think there will be a short space of time before it is put into effect. I pay particular tribute to him and give him my thanks for all the help he has given in some uncertain waters that we have charted on the Bill’s journey.

Lastly, I would like to thank the officials. A number of officials have also suffered sleepless nights. They have pulled their hair out and sent me emails at some very antisocial hours as they battled to ensure we got this through the Lords in particular. It is invidious to single them out, but if I could just mention Ben Burgess in the House of Lords, whose quiet but skilful diplomacy in convincing certain Members of their lordships’ House that less is more kept the Bill on an even keel. I would also like to mention the redoubtable Linda Edwards from the Home Office, whose combination of energy, cajoling, diplomacy and forthrightness has been the absolute making of the Bill. I am convinced that without her guiding it through as the lead official in her role in the Home Office, we would not be where we are today. I pay tribute to them.

It has been a long journey. I first raised this issue in 2013 via an amendment on civil partnerships during the passage of the Marriage (Same Sex Couples) Bill. It would have prevented an awful lot of angst if at that stage the Government had agreed to full equality by agreeing to amendments, which were supported by many Members on both sides of the House, to bring about equal civil partnerships for opposite-sex couples. The genesis of the Bill is even longer than Brexit, but unlike with Brexit today we will have closure and a reason to celebrate.

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[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?

--- Later in debate ---

[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.

[Kevin Hollinrake]

Some time ago, when I was taking the Bill I referred to earlier through the House, one of my constituents contacted me to say that their son was born after 23 weeks and six days and sadly passed away two days later, but had that not happened they would never have been able to register the baby. What a massive difference between those two positions. It cannot be right that this will not have been possible until the Bill has been brought into effect.

[Julian Knight]

I could not have put it any better myself; that is absolutely the right approach and the right thing to say, and we are correcting that wrong in this place today.

As well as allowing for official investigation, the Bill opens the door to providing official recognition to babies who are born dead before the current deadline, allowing their parents to name them and have their birth officially recognised. That is a very positive step forward to say the least, and I deeply hope it will provide some comfort to those poor parents of stillborn children. Of course there may be some for whom such matters are the very last thing they want, and I hope and trust that their rights and feelings will be properly accounted for in the implementation of any new system and that it is done in the most sensitive way possible.

This is an exemplary Bill: rather than trying to deliver big changes through broad wording and aspirational intentions, it bundles together a number of detailed, well considered changes that will deliver real, tangible change in several important areas. It will bolster marriage and the alternatives to marriage, and afford long overdue recognition to both mothers and unborn children. I hope the entire House will join me in supporting its swift progress on to the statue book.

[Kevin Foster]

It is always a pleasure to be called to speak by you, Mr Deputy Speaker, and to see you in the Chair. This is a welcome chance to say something about this Lords amendment, but first I wish to join other Members in reflecting on the events in New Zealand yesterday. Having visited New Zealand and its Parliament last year, I saw how often throughout history our two nations have stood together. It is worth remembering that at the moment when this nation faced its greatest peril in 1940 there were Kiwis who travelled thousands of miles to come here and defend our democracy; they literally stood on the shores of Britain ready to meet a Nazi invader had they ever managed to cross the channel. So we stand in solidarity with them in facing the fascists today in the way that we defeated the fascists of the past.

This Bill is very welcome, and particularly the new clause being inserted into it. People should have a choice about what type of relationship and legal partnership is right for them. As I alluded to in an earlier intervention, when I got married in June 2017 it was a religious sacrament; that was part of being united together. It was a very special experience—we had the mass straight afterwards, as that was the first thing we wanted to do as a married couple. But that is not everyone’s choice, and it is not everyone’s view on marriage.

There are different religious faiths and different religious communities, including in the Christian faith. There are very different views across the spectrum of Christian opinion, for example on divorce and remarriage. There are those who have annulment as the only option and those who recognise civil divorce in a religious context.