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

Debate between Kevin Foster and Greg Knight

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

[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.

[Sir Greg Knight]

Does my hon. Friend agree that it is good that the Bill imposes on the Minister the duty to consult and that people should be consulted before we change the law? Does he also think this Bill will have any impact on landlord and tenant relationships and the rights of a civil partner?

[Kevin Foster]

I thank my right hon. Friend for his intervention; I was a great fan of his private Member’s Bill, which I am delighted to hear now has Royal Assent.

On the impact this Bill might have on the rights of landlords, we should be clear that we are not creating a new legal concept here: civil partnerships have now existed for some time and courts are familiar with dealing with them, so I would expect any rights accruing under tenancies through being a civil partner in a same-sex situation to transfer in exactly the same way to a civil partnership between persons of a different sex—a mixed-sex couple. I do not see why it would extend, or for that matter contract, the rights that have already been created effectively under law by allowing civil partnerships between same-sex couples. I would expect the courts to view them as exactly the same—I think that is the thrust of the Bill—in the same way as civil partnerships, when they were created, had much of the legal history of civil marriage attached to them. That was a large part of the argument used at that time, when it was felt that it was the right step for Parliament to legislate for civil partnerships.

At that time, of course, there was not the option of a legal union for a same-sex couple, hence civil partnerships were created. The intention was to provide much of the legal status of marriage without actually having a civil marriage. Of course, the law has moved on and we now have same-sex marriage, allowing the option of civil partnerships for mixed couples. But I would not necessarily see anything that a landlord should fear from the Bill, other than the same things they would be used to dealing with for a same-sex couple who have entered into a civil partnership.

--- Later in debate ---

[Kevin Foster]

I thank the hon. Gentleman for his welcome intervention. I hope that that is indeed the case.

Some of this grows out of the time when it was very difficult to get divorced. It was expensive, and the legal system reflected a different era. This is about simplifying the options. It is also about same-sex couples. Sadly, for too many years they were denied the opportunity to have their relationships—often close, loving relationships that had lasted for many decades—recognised under the law, whereas an opposite-sex couple could quite easily get married purely for convenience or to avoid certain tax liabilities. We have rightly moved the law forward in that regard to give people options and opportunities. People now have a choice if they do not necessarily want to see themselves as married but want a form of legal recognition for their relationship.

Sadly, there have been too many cases over the past 30 or 40 years involving same-sex couples who have had a close and loving relationship, and when one of them passes away, the relatives have suddenly developed rather Victorian attitudes to such relationships when they realise that there might be a few quid in it for them. Those relatives often launch legal actions that the deceased partner would certainly not have wanted to see, because they would have wanted their property dealt with in a very different way. We must get the message across that there is something about being married or being in a civil partnership that gives people legal recognition and puts their status and wishes beyond doubt.

[Sir Greg Knight]

My hon. Friend is making a number of powerful points. Does he agree that there is a case for the Government pursuing a publicity campaign in the wake of this Bill on the issues that he is talking about?

[Kevin Foster]

Yes, absolutely. There may well be a case for having a publicity campaign to advise people of the details of the legislation and to ensure that they are aware of the option it gives them to become a statute law partner rather than a common law partner. This would apply to people who are in a long-term relationship, and who have perhaps bought a property together, but who do not want to get married. As the hon. Member for Ipswich (Sandy Martin) said, relatives are often very supportive of such relationships until they discover an old legal case that might give them the chance to get some money after one of the partners has died. I hope that the Government will look at what information can be made available. This could also apply to venues that have in the past advised that they could accommodate only civil marriages. Perhaps they could now also offer civil partnerships to opposite-sex couples looking to be joined together. I hope that the Government will look at how these matters could sensibly be promoted.

The Lords amendment is welcome, particularly because it gives the opportunity to convert a civil partnership into a marriage. I do not think that that will be an issue for the Bill. I am also pleased that the Lords resisted the temptation to table amendments relating to the role of the clergy. As the hon. Member for East Worthing and Shoreham said, it would have taken the Bill in an unwelcome direction and perhaps endangered its passage through this House if we had had to send it back to the Lords just to deal with such an amendment. It is unlikely that such an amendment would have received the support of a majority of Members in this House. We made it clear when the provisions relating to same-sex marriage came in that there would be a protection there. I sometimes debate whether there really needs to be a complete ban on one particular religious group, in relation to same-sex marriages on Church of England premises. Perhaps in future years we might look at providing a choice, but I accept that this was about giving reassurance and a firm commitment on choices relating to religious rights and opportunities.

I shall bring my remarks to a close in time for the minute’s silence that we will all wish to participate in. I noted the point about siblings with a close relationship who live together, but I do not think that this is the time to legislate for that. That relates more to financial matters than to loving relationships, and it might be confusing to legislate for it here. We have made it very clear that civil partnership is similar to marriage in its legal effect. For good reason, we also have criminal offences—for example, relating to people being married to two people at the same time. Again, extending the law into this area would create confusion and we might have to ask whether we should exempt that. I understand the points that have been made on these matters, but as I said to the hon. Member for Ipswich, I think we need to consider how we would deal with them via the tax system.

The Bill is long overdue, and very welcome. I was genuinely saddened that I could not put my mother’s name on my marriage certificate, but this legislation will allow me to do that. I urge the House to concur with the Lords in their amendment.

Parking (Code of Practice) Bill

Debate between Kevin Foster and Greg Knight

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Sir Greg Knight]

My hon. Friend will be pleased to know that, when this Bill becomes law, as I hope it will, that is precisely what it will do: it will take away the right of a rogue company to seek vehicle keeper details, thereby putting it out of business.

[Kevin Foster]

Does my right hon. Friend agree that the whole purpose of this Bill—I will come on to this in my own speech in a minute—is to create a clear and single source for the code of practice and regulation so that the rogue operators cannot shop around, and also if those operators are not approved, they cannot approach the DVLA? What is at the absolute core of this Bill is stopping this flagrant abuse that is going on.

[Sir Greg Knight]

Indeed that is the case. In reality, these private parking notices are not fines, but invoices. It is the law of contract that governs the relationship between the parking company and the customer, as has previously been said. In other words, they are a demand for payment, because the car parking company says that a driver has breached their terms and conditions. They are private parking notices, and the code should require them to be described as such in future, and I am sure that the Minister will do that and that those companies will not be able to use threatening language or imitate or copy a ticket received from the police.

My Bill is designed to bring these bad practices and bad behaviour to an end. It requires the Government to create a mandatory code of practice across the parking sector to end inconsistent practices and unfair treatment of motorists. It will ensure that the terms on which private parking is provided, including the rights and obligations of each party, are fair, clear and unambiguous. The mandatory code will assure drivers that private car park operators will in future treat them in a reasonable and proportionate manner. If they do not, motorists will have access to a robust and independent appeal service. As I have said to my hon. Friend the Member for Christchurch (Sir Christopher Chope), erring car park operators will be put out of business by being denied access to the DVLA database. May I repeat again that I am most grateful to have the support not only of the Government, but of the Official Opposition and the Scottish National party? I say to the House that, today, we can take a big step towards making private parking a fairer and more predictable experience for us all. I commend my Bill to the House.