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

Kevin Hollinrake Excerpts

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

[Tim Loughton]

I am going to come on to the consultation, but, absolutely, that cannot lead to further delay because we now have a timeline in the Bill. There is some detail still to agree—I absolutely appreciate that—but that should not prevent this new legislation from coming in before the end of this year. Again, my right hon. Friend is right to be slightly suspicious, and I am very grateful to him for taking the time to be here today. I am not sure how much longer he is staying, but I hope he does not get a ticket on his car—if he is parked on a line or somewhere on private property.

Subsection (3) of the new clause enables the Secretary of State to make other provisions by regulations if this is appropriate in view of the extension of eligibility. The current civil partnership regime is bespoke to same-sex couples, and this subsection enables the Secretary of State to ensure that a coherent scheme can be introduced for opposite-sex couples. Subsection (4) sets out some of the areas in which regulations will be needed, including matters such as parenthood and parental responsibility, the financial consequences of civil partnership and the recognition of equivalent opposite-sex civil partnerships entered into overseas.

Subsection (5) enables the Secretary of State to make regulations relating to the conversion of a marriage into a civil partnership and vice versa. At present, same-sex couples are able to convert a civil partnership into a marriage, and in implementing an opposite-sex civil partnership regime, the Government will need to consider what conversion rights should be given to opposite-sex couples. That is actually an important point about the practicalities of how this will be brought in. If hon. Members remember, the original Civil Partnership Act came in back in 2004-05 and then there was the Marriage (Same Sex Couples) Act 2013, but there was a delay between same-sex marriage becoming available and conversions from same-sex civil partnerships becoming available. Interestingly, however, according to the last figure I saw, only about 15% of same-sex civil partnerships chose to convert into a same-sex marriage after that became available.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I congratulate my hon. Friend on bringing forward this very important Bill, which I fully support. I am very impressed by his prescience in introducing this Bill a year before the Supreme Court decided that this was a very good idea. He mentioned the power in subsection (3) of the new clause to make “any other provision”. Will he detail what kind of provision that might be in that particular part of the clause?

[Tim Loughton]

Is my hon. Friend talking about civil partnerships?

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[Kevin Hollinrake]

Yes.

[Tim Loughton]

As I have mentioned, how one converts is one of them. My hon. Friend may be aware that the Scottish Parliament has been slightly ahead of us in that it has been making preparations to bring in opposite-sex civil partnerships, and it has launched a consultation. That is one reason why I have said that the Government here could actually get on with this rather more speedily, because they could take what Scotland has already done. However, there were some gaps in the Scottish consultation, including the whole thorny subject of conversions. That is why we need to make sure that we cover all those areas. As I know, because they have contacted me, a small number of people, who got married because that was all that was available, would be more comfortable with a civil partnership. On such details, it is perfectly reasonable to get some form of consensus. By and large, the principles in the Bill seek to emulate and reflect the Civil Partnership Act 2004 for same-sex couples.

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[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.

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As I have said previously, other measures on the registration of stillbirth and mothers’ names on marriage certificates are long overdue. Members will know that I represent the all-party parliamentary group on baby loss, which I am glad to say is also very well represented in the House of Lords by a number of grandfathers, who have spoken to me passionately about how they too have suffered when a baby has died. Members of both Houses feel very passionate about this, and fully understand why these changes were needed, but also needed to be consulted on and dealt with extremely sensitively. When the law comes up against personal feelings, particularly death, it is important for us to go slowly and consult slowly, but to achieve progress in the end.

[Kevin Hollinrake]

I had the great privilege to take a couple of private Members’ Bills through the House myself, one of which my hon. Friend strongly supported. When I explained those two Bills to the public, their reaction was “Why do those provisions not already exist?” Surely the same applies to this Bill: all three of its provisions should have been introduced long ago.

[Victoria Prentis]

I thank my hon. Friend for his intervention. I am forever indebted to him for his sterling work on parental bereavement leave. That is, of course, something else that we should have thought about earlier, but the fact is that we used not to talk about baby loss, or indeed death, in the way that we are now beginning to be able to. I think that the conversation about death is one that we need to have in a grown-up way.

I am proud to support my hon. Friend the Member for East Worthing and Shoreham again today. He has done sterling work, and we should all support him.

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[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.

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[Kevin Hollinrake]

My hon. Friend will be aware from his legal background that marriage or civil partnership affords both members of a couple additional rights to a position where they are just cohabiting. It may well be the case that some people are more comfortable in a civil partnership, and through the Bill they can effectively grant each other greater rights in case there is ever the need for them due to any unforeseen circumstance.

[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.

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[Neil O’Brien]

At the moment, the dissolution rate for civil partnerships in the UK is higher than for marriages. Of course my hon. Friend is correct that it is not a good example, because there are a lot of other pressures on gay people. We will not know, in the unique circumstances of the UK, who is right until we do it, and I hope he is right.

I have said my bit on this subject, and today we will be passing some measures that I hugely welcome, that put right some of the issues raised by my hon. Friend the Member for Solihull and that give comfort to grieving families, who are much larger in number than is often realised in this country.

[Kevin Hollinrake]

It is a pleasure to speak in this debate. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) again on introducing this important Bill. He said that this was about complete equality, and the Bill is about some basic principles, including equality, fairness, choice and freedom, which I believe in very much. The UK has a proud record in all those areas, and there are many examples of equality that we have championed, whether it be disability, equal pay, same-sex marriage—I was not in this place when the House voted for same-sex marriage, but I certainly would have supported it—race and, most importantly today, religion.

All our thoughts today are with the loved ones of those connected with these horrendous crimes in New Zealand. Everyone who believes in peace and peaceful co-existence just does not understand what could possibly drive someone to perpetrate these terrible, terrible acts.

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[Tim Loughton]

My hon. Friend is not correct. If a child is born before 24 weeks with signs of life, the birth will be registered. If a child is born before 24 weeks with no signs of life—what we would define as a stillbirth—the birth will not be registered. That is the actual position.

[Kevin Hollinrake]

My hon. Friend has cleared up that point. Nevertheless, this is an important part of the Bill.

Thank you for the opportunity to speak in this debate, Mr Deputy Speaker. I congratulate my hon. Friend yet again on introducing this Bill, which I fully support.

[Karen Lee (Lincoln) (Lab)]

I associate myself and my hon. Friends with the comments about the terrible events in New Zealand. I am sure everyone’s prayers and thoughts are with those involved.

I congratulate the hon. Member for East Worthing and Shoreham (Tim Loughton) again on introducing this important Bill, and I am grateful for the great work of our colleagues in the other place to improve it further. The Opposition are pleased to see that the duty to investigate deaths in certain circumstances will be extended to the death of newborns of any age, including those who die immediately after birth.

My sister had a baby who was stillborn, and I know at first hand just how traumatic it is. I know the huge sense of grief, loss and emptiness. People think that, because a parent did not know the baby, it is somehow different, but it is not—it is really not.

As I have previously indicated in the Chamber, the UK has a woefully high number of stillbirths for a western country. I have worked in reproductive services in the NHS, and I have seen at first hand how traumatic stillbirths can be for mothers. We need to do more to support mothers and to prevent stillbirths. We agree that stillbirths that occur before 24 weeks should be formally acknowledged and registered, but I reiterate that by no means would we want to see such a measure used to undermine abortion rights and a woman’s right to choose.

I spoke in an earlier stage of the Bill in this House, and I remain proud that civil partnerships were a landmark policy introduced by Labour. My party has fought for the equal rights of LGBTQ+ people, and it was our Civil Partnership Act 2004 that paved the way for same-sex marriage. This Bill should be the final step in creating equality in the formal recognition of relationships, but while I am pleased that we are nearly there, it is obvious that we have not quite arrived.

Times have changed since the days when Labour Members cautiously did not push to further extend civil partnerships during the passage of the 2004 Act for fear of losing it altogether. I remember we were met with much hostility, but we were on a mission to ensure some level of equality as quickly as possible, and we achieved just that. With changing times, however, must come a change in how we approach matters of equality.

We welcome the Government’s willingness on suitable amendments to draw up appropriate regulations for equal civil partnerships by the end of 2019, but I must share the concern of my colleagues in the other place that they may be using consultations to drag their feet. We cannot wait any longer. I agree on the importance of gathering information, but it should not be used as a delaying tactic. The measures in the Bill are long overdue, and we will do a disservice to all those we are meant to represent if we do not get on with the job of ensuring equality.

On marriage more generally, I echo the concern of Members in the other place about the failure to deliver equal marriage for all citizens in the UK—namely, in Northern Ireland. I also reiterate the concerns about humanist marriages. The Government held a consultation in which more than 90% of respondents were in favour of legally recognised humanist marriages. Surely there is nothing inconclusive about such a response. Further, in 2015, the Law Commission reported that failing to grant humanists the same rights as religious people in marriage was fundamentally unfair. With the Northern Irish Court of Appeal ruling in June 2018 that there is a human right to a humanist marriage, I hope that Ministers will get on with the job of ensuring that humanist marriages are also recognised in England and Wales.

It is disappointing that the Government, having joined us in passing same-sex marriages, have previously made excuses for not expanding civil partnerships to all couples. One of these was inconclusive consultations. This is precisely why we accept them hesitantly. Some voices still suggest that we abolish civil partnerships altogether. This would definitely be a step backwards. It is our job as lawmakers to give further protections to our constituents, not to claw them back. The institution of marriage is not for everyone, and it is wrong to prevent those who want their relationship recognised in the eyes of society and the law from having it so recognised. It can put them and their families in legally challenging situations.

In conclusion, we in the Opposition support the Bill, as we have done throughout its passage. We ask only that the Government act to expedite these measures, which clearly have the support of the British public.