Draft Registration of Marriages Regulations 2021

Kevin Foster Excerpts

Wednesday 10th March 2021 General Committees

[The Chair]

Before we begin, I remind hon. Members that they can only sit in the places that are clearly marked, that Mr Speaker has stated that masks should be worn in Committee, unless, of course, you are speaking, and that Hansard colleagues would be most grateful if Members could send their speaking notes to Hansard’s email address.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I beg to move,

That the Committee has considered the draft Registration of Marriages Regulations 2021.

It is a pleasure to serve under your chairmanship, Mrs Miller. The regulations amend the Marriage Act 1949 and will reform the way in which marriages are registered in future. They can be moved thanks to the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019, which my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has joined the Committee today, so successfully piloted through Parliament.

The regulations enable the introduction of a schedule system for the registration of marriages in England and Wales by allowing powers to reform some quite elderly primary legislation. For background, a schedule system is already in place in Scotland and in Northern Ireland. When civil partnerships were introduced in England and Wales in 2005, the opportunity was taken to modernise the registration process and use a schedule-based system.

For clarity, couples will sign a marriage schedule at their marriage ceremony instead of a paper marriage register, and all marriages will be registered by registration officers in a single electronic marriage register. That will remove the requirement for the 84,000 paper registers currently used in registry offices and around 30,000 religious buildings across England and Wales.

The regulations provide the opportunity to modernise not only the registration process from a technical point of view, but the marriage entry itself to allow for the details of both parents of the couple to be recorded instead of just the father’s name and occupation, as is currently the case. Moving to a schedule-based system is the most cost-effective way to achieve the change and will make the system of registration more secure and efficient.

The regulations also amend the seldom used Marriage of British Subjects (Facilities) Acts 1915 and 1916 so that they no longer apply in England and Wales. They also make a consequential amendment under section 5 of the Immigration and Social Security Co-ordinations (EU Withdrawal) Act 2020 to amend the 1949 Act to specify the evidence that must be provided by an individual when giving a notice of marriage for immigration purposes.

Much of the regulations relate to the technical process of switching to a digital register, but the most talked-about aspect will be the change to what is actually placed on the register of marriage. The significance is not lost on me as a Minister or personally. When Hazel and I married in June 2017, we sadly could not be joined at the service by my mother or her father as they had both passed away a few years before. My dad and Hazel’s mum could be part of the day by sharing it with us physically. Hazel’s dad was part of it by appearing on the marriage certificate. There was, of course, one person missing. Once the regulations are in force, no one else will be missed out on their children’s wedding day.

--- Later in debate ---

[Kevin Foster]

I thank my hon. Friend the Member for East Worthing and Shoreham and the hon. Member for Hackney South and Shoreditch for such comprehensive contributions. I welcome the speech from the shadow Minister. It is pleasing to have the Opposition’s support for the regulations. Obviously, the core of what we are looking to do is not a matter of particular contention.

I start with the remarks made by the hon. Member for Hackney South and Shoreditch. We recognise that registers have two roles: one is the day-to-day need for people to prove their status or their identity, and the second is for historical records and genealogical research. I take her point about particular churches or places of worship that rely on volunteers. The quarterly returns process in the Church of England can be quite cumbersome; it is a process first started back in the 19th century.

One reason why we want to move to a digital register is to remove the need to get hold of paper documentation. That leans into wider work to allow statuses to be automatically checked by digital systems talking to each other in public services. The hon. Member will appreciate, given her previous role, that that sounds simple, but there are the challenges of making sure that appropriate data protection is in place, and that records will be accessed for legitimate purposes and with people’s consent.

The concept of a church or a religious building continuing to hold a physical register will disappear. They may well keep their historical records and parish registers, but they will no longer be getting someone to fill out a physical certificate. As we have discussed, we have had some lengthy conversations with the Church of England.

On the questions asked by my hon. Friend the Member for East Worthing and Shoreham, people will still sign a document on the day. It will be similar to now, in that the priest who celebrates the marriage will take responsibility for sending that document off to be placed on the electronic register.

Dunkerton parish church is in a small rural Dartmoor community, in the west of Devon. Marriages have been conducted there for about 700 years. It has no running water, no electricity and certainly no wi-fi. In order to provide a solution that means people can still get married in that ancient church with a wholly electronic register, we came to an appropriate position with the Church of England, which I understand it is happy with and which is as close to the current position as possible. It makes it clear that for those married in that church, the priest is responsible for sending back the form to the registrar, for it to be entered on to the digital record.

People will not see a particular difference on their wedding day, but they will not sign paper certificates on the day. That is where we need to be clear in our own minds. It is no longer about the paper being the record of the marriage. To be clear, this is about recording the event. The moment of marriage is not when it is entered on to the register; sometimes people can be confused and think that signing the register is the moment that they become married. It is not. The certificate is a record of a marriage that has taken place in the church.

[Meg Hillier]

Is it possible for people to be provided with a paper document? Some people frame their marriage certificates; they are proud of the moment. Will that be prohibited?

[Kevin Foster]

Absolutely not. There is nothing to stop that. As the hon. Member will know with baptism, which is not recorded in a secular sense by the GRO, certificates are issued by churches. I think the language on them usually says they are to be used “when the child is presented to the Bishop for confirmation.” That is true in the Anglican tradition and there is nothing to stop that. It will not be a legal document of the marriage, but electronic statuses and transactions are becoming increasingly common for most people, and this will be an easy-to-access digital status when needed—for example, to prove a marriage to a bank or someone else—rather than, necessarily, as the hon. Member says, something that someone might want to have on the wall as a record of their relationship.

[Jess Phillips]

Just to clarify and potentially answer one of the points, nowadays anything can happen, ceremonially, in a church, or even in a registry office, where I got married; churches can, if they want, still keep old books, make records and keep the history of that church. Nothing in the draft regulations bars that—is that correct?

[Kevin Foster]

That is correct. The only things churches should not use are the current marriage certificates issued under the Marriage Act 1949. That is the thing that changes. Parish registers, which some Church of England parishes have kept literally since medieval times, can continue to be kept. There is no reason why a church cannot give something to people to mark their marriage there. However, people who attend the wedding perhaps will not see that the form that is signed is then sent by the priest back to the registrar to be entered on to the digital record.

We discussed at some length with the Church of England how we can provide a practical solution. It has thousands of priests and marriage venues that have stood for centuries, where a computer solution cannot realistically be installed in any sense, or even a mobile one, so that details can be directly entered into a digital register. This was the solution that we came to. It seems both fair and reasonable, and to be clear, the Church is perfectly happy with it.

[Tim Loughton]

On a practical point, many churches have a whole supply of marriage certificates, which may be part of a marriage register book. The Minister quite rightly says that they will effectively have no status post 4 May, because there will be the electronic record, but can they not still be used in place of the voluntary thing to give to the happy couple to frame? They will not have a legal status, but it would be a waste to have to throw them all away, would it not?

[Kevin Foster]

Once we get beyond 4 May, the paper registers will close. Effectively, certificate books will then need to be returned to the GRO to register the final weddings that have taken place under the previous registration system. It would not be appropriate to issue documentation that once had legal status beyond the point at which it has legal status. The current certificate books that people sign will be required to be returned and to cease being used.

[Meg Hillier]

The Minister talked just now about proving status to a bank or someone. There is a challenge here. Who has access to the register? What are the cyber-security issues around that and who gives permission for that? I am already married, but if I were to get married after 4 May, would that mean that the Minister could look up my marriage? Who in a bank would have the power to do that? Could it be done only with my permission? What are the data protection controls around this hugely important database, which could be used for all sorts of nefarious reasons, as well as benevolent ones?

[Kevin Foster]

The hon. Member will know that one reason we are moving to a digital system, away from paper, is that paper is far easier to forge or produce copies of, particularly in the modern era, than in the 19th century, although it has to be said that the register is actually a public document. It is not like the census document, which is kept for 100 years. The registers are actually public and can be consulted, as she will be aware of, given her previous time being responsible for the GRO. I think that we can put that particular concern slightly to one side.

We are also looking at digitising some historical records, to make them far easier to search for those looking to do family history and research. As the hon. Member will know from her time with the GRO, family history, especially discovering dates of marriage, can be quite interesting, particularly when going back to grandparents’ or great-grandparents’ generations. When going through a family tree, someone may discover that the great-grandparents who swore blind they got married in 1919 actually got married in 1920, and then realise that grandad was on his way a couple of months later. There is a general part that we are looking to digitise

[Meg Hillier]

Will the Minister give way?

[Kevin Foster]

I will give way once more, and then I will make some more progress.

[Meg Hillier]

Forgive me, but this is an important point. There is a difference with a physical register that someone can look at. The register has people’s addresses and the names of their parents, which are security questions when signing into a bank account. Who gives permission for the register to be checked? Is it completely open to the public, or is there some brake on that to ensure that it is not used inappropriately to mine IDs and to be used for nefarious reasons? That is absolutely fundamental.

When we were looking at introducing identity cards, which of course were not introduced, there were huge debates and discussion of detailed legislation about the security of the data and who would give permission to access it. Although this data is already out there, that is not in the same way as being in a parish register, rather than actually online.

Recently, my local authority suffered a major cyber-security attack, and was very much helped by Whitehall to sort it out, but it will take a year to resolve some of the issues, and important data was stolen and put on the dark web. The issues are therefore very serious and pertinent. I hope that the Minister will address that before we pass the draft regulations.

[Kevin Foster]

First, one of the most common ways of creating identities at the moment is to forge outdated paper certificates, hence why we are keen to move away from paper certificates, which are easily forged and used for nefarious purposes. Clearly, therefore, we want to move to a digital register.

As the Committee may have picked up, another private Member’s Bill is before the House on Friday, relating to birth and death registration where, similarly, we want to move away from the paper certificate process towards a more secure online register as the final arbiter. That is of course out of the scope of the Committee, but it shows the general thrust of the Government’s plans to modernise a pretty outdated system of registration, emphasised not only by the fact that mothers’ details are on marriage certificates but by the process still being heavily rooted in the past.

The position on access to the register will be the same as it is today. I accept that it is slightly different when someone is checking on a computer, rather than walking down to Somerset House, although a lot of that can be done online already, via records already digitised.

To come to some of the other points, my hon. Friend the Member for East Worthing and Shoreham stated that he cannot see a mention of mothers’ names on marriage certificates. As he will be aware from our long discussions of his private Member’s Bill that is now an Act, a lot of the purpose was to remove much of the specification in primary legislation that we would not put there today. The actual content will be prescribed in regulations made by the Registrar General, with the approval of the Secretary of State. However, the draft regulations to amend primary legislation will remove the more outdated requirements and then allow the new certificate to include mothers’ names and occupations. To be clear, that is where that will be specified finally, but allowing this to go forward will be the core part.

In a couple of other questions, my hon. Friend asked why a Bill that became an Act in late 2019 is being acted upon in 2021. Originally, we were hoping to launch the new system last year. I hope that the Committee will understand why the middle of a global pandemic, when registrars were urgently having to adapt their birth and death registration systems to cope, was widely viewed as not the appropriate time to introduce a brand new system of marriage registration. We would very much have liked to move forward with it last year, but we wholly accepted the points made by the registration system, that the middle of a pandemic was not an appropriate moment. However, with a lot of weddings delayed to this summer due to the impact of the social distancing regulations last year, now is the time to take the new system forward.

[Tim Loughton]

Will the Minister give way?

[Kevin Foster]

I will not now, but I will cover in writing the points about the baby loss review and about coroners and stillbirth—that is perhaps a more appropriate way to update my hon. Friend.

With that, I commend the draft regulations, which will finally bring our marriage law into the 21st century.

Question put and agreed to.

Resolved,

That the Cttee has considered the draft Registration of Marriages Regulations 2021.