Marriage (Same Sex Couples) Bill
Debate between Kate Green and Tom Harris
Mr Tom Harris
I have a great deal of time for the hon. Member for East Worthing and Shoreham (Tim Loughton)—who may or may not have been about to leave the Chamber as I stood up. I would have been proud if the work he did as children’s Minister, particularly on adoption, had been done in the name of a Labour Government. I was disappointed to see him leave the Front Bench—although presumably not as disappointed as he was. He has started, in an excellent speech, to open my mind on this issue with his arguments—I am not yet convinced, but I am happy to support new clause 16 as amended.
When we legislated in this House 10 years ago, we stopped short of legalising same-sex marriage for the simple reason that it was considered a step too far. We did not legislate for civil partnerships because we had arrived at a perfect alternative institution to marriage. We stopped at that point. We deliberately and intentionally created something that was not as good as marriage, because politically we did not feel we could get it at that time. We did so for the best reasons possible and it was a huge step forward, not just for gay couples but for the whole nation. I am extremely proud to have voted for that legislation, but let us be honest about what civil partnerships were. They fell short of marriage—they were second best—because we could not get as far as marriage. That is why, a decade later, we are debating this reform. In a perfect world, it would have been delivered long before now. The case for allowing same-sex couples to marry is not that they have been denied it so far; it is that marriage is better than a civil partnership.
Kate Green
I do not think that many of the people who have entered into successful and happy civil partnerships would agree that those partnerships were in some way second best. In 2004, we might not have known where this journey would lead us, but nine years on we can see that the civil partnership legislation has been extremely successful in its own right. It ought to be celebrated.
Mr Harris
I accept what my hon. Friend says, but let me ask her a question. Had we been able to legislate to allow same-sex marriage 10 years ago and had such a law been put on the statute book, would we be having this debate today? Would we be spending more than a few seconds debating whether to introduce civil partnerships for straight and gay couples? Of course the answer is no.
Like every other Member, I have received letters and e-mails warning me that legislating for same-sex marriage will, in some undefined way, undermine the institution of marriage. I take a very different view. I believe that the real threat to marriage will come from the continuation of civil partnerships and their extension to heterosexual couples. As things stand today, the legal security and recognition offered by marriage can be enjoyed only by straight couples. The legal security and recognition offered by civil partnerships can be enjoyed only by same-sex couples, although I hope that that is about to change. Needlessly telling all couples that they can now opt for a second-best arrangement that nevertheless offers all the same legal privileges and protections as marriage would surely undermine marriage far more than extending the qualification for marriage to same-sex couples. From the day the Bill becomes law, the choice offered to all couples will be the same as the choice that has up to now been offered to all straight couples: either get married or don’t—it is your choice.
Because we have indulged in this debate, we have failed to address anther issue. Many individuals—mostly, but not always, women with dependent children—need to be offered more security when they are living with a partner and perhaps depending on him financially. But if that partner is unwilling to commit to marriage, he will probably be equally reluctant to enter an alternative arrangement that offers the same level of legal and financial responsibilities. What those partners and families need is some kind of passive legal recognition, perhaps similar to what used to be known as common law marriage, a state that used to prevail in Scotland but which, since 2006, no longer does so. Moves to make civil partnerships available to all might, on the face of it, look like a progressive move, but they will do nothing to help those vulnerable women, and their children, who are in relationships with partners who simply refuse to bind themselves with legal red tape.
As for those who have already entered into a civil partnership and who do not wish to enter into the state of marriage as provided by this Bill, I have to say that it should not be beyond the wit of the Government or this House to frame legislation that would recognise each existing civil partnership until it was dissolved either legally or by the death of one partner, while preventing any more civil partnerships from being entered into. The hon. Member for East Worthing and Shoreham says that he wants full equality. I concede that making civil partnerships available to straight couples is one way of achieving that. Another way would be to make civil partnerships available to no one.