Civil Partnership (Opposite-sex Couples) Regulations 2019

Lord Berkeley of Knighton Excerpts

Tuesday 5th November 2019 Lords Chamber

As was the case during the passage of the Bill, there is a great deal of unanimity. Can the noble Baroness send a message back to her department that whatever the outcome of the next general election and whoever is sitting in the place she now occupies, this is a matter which, while there are one or two doubts, enjoys broad agreement that there should be equality and that the legislation in this form should be implemented at the earliest opportunity?

[Lord Berkeley of Knighton (CB)]

My Lords, it is important and indeed incumbent on those of us who are in heterosexual marriages to express our support for the sentiments uttered by the noble Lords, Lord Collins and Lord Cashman, and the noble Baroness, Lady Barker. That is because it is easy for these issues to appear as though they are being pushed by just one section of society. Therefore, I want to say how strongly I would like to see the elements which still need to be resolved here being addressed in the future. I have a feeling that the Minister feels similarly. In art as in social policy, a leap of a mile is often required to gain an inch. In this instance, the Government have gone a long way further than an inch, but I take this opportunity to encourage them to aim for the mile in the near future.

I will add just a note on the words of the noble Lord, Lord Lexden. I have enormous sympathy for his point about siblings, but there is a certain sense of Groundhog Day here because I can remember the same noble Lords talking about this. I cannot help feeling that this is a slightly different issue, although that does not mean that it is not one which the Government should tackle in due course.

[Baroness Deech (CB)]

My Lords, I am all in favour of civil partnerships for heterosexuals and of them being converted into marriage. However, I am a bit puzzled, because the argument for civil partnerships for heterosexuals is that they want to avoid the patriarchal nature of marriage—but, of course if you enter into a civil partnership, and good luck to you, you will take upon yourself all the financial and other burdens and unfairnesses that come about in marriage if you split your civil partnership; it will be just the same. Still, people should have the choice.

I want to say, in support of the noble Lord, Lord Lexden, that over the years I too have argued for protection for two people who live together, whether they are sisters, strangers or people in a legal partnership whose financial and social position depends so much on the way the state treats them, through tax law and, especially, inheritance law. I do not accept the argument that to give support to, say, siblings or a father and daughter would in any way undermine the respect due to civil partnerships and marriage.

So I hope that this goes through and that civil partners will be allowed to convert if they want to. I also feel that heterosexual civil partnerships will mean that there will not be any more call for extending the oppressive and unfair law we have at the moment regarding financial provision on split to cohabiting couples. If they choose to cohabit and do not want civil partnerships, which are readily open, good luck to them; they ought to be free of the law.