Registration of Marriage Bill [HL]

Debate between Lord Bishop of St Albans and Lord Fowler

Committee: 1st sitting (Hansard): House of Lords
Friday 29th June 2018 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, I want to move Amendment 1 and speak to the other amendments in my name in the group. Their purpose is to limit the scope of delegated powers to amend legislation conferred by the Bill. I am most grateful to the noble Lord, Lord Blencathra, and the committee for its considered response to the provisions in the Bill.

The Bill’s purpose is straightforward and clear: to enable the system for registering marriages to be flexible enough to include the names of each of the couple’s parents, while taking the opportunity to introduce a secure and reliable digital system of registration. The amendments, which are a direct response to the committee’s observations, put into sharper focus the changes in law that are needed for that specific purpose. In fact, the essence of the Bill is that its scope is restricted. It relates only to the registration of marriage, not any aspect of the solemnisation of marriage—that is, the who and when and how and where of marriage ceremonies.

I want to explain the proposed changes in more detail. I have worked closely with Home Office officials to consider the amendments that could be made to the Bill to limit the delegated powers it currently contains. The amendments are quite technical, but I assure noble Lords that they do not affect the policy intent behind the Bill in any way. I thank the Minister for making illustrative regulations available in the Library to demonstrate how the Marriage Act 1949 will be amended.

Clause 1 currently confers a broad power on the Secretary of State,

“to amend, repeal … any provision made by or under any Act of Parliament”.

That power is wider than is needed to bring in the required changes. Any changes to primary legislation will now be limited to amending the Marriage Act 1949. The regulations would change the current procedures in Part III, “Marriage under Superintendent Registrar’s Certificate”, to provide that a marriage can be solemnised on the authority of a single schedule for the couple instead of two authorities, one for each person, as is currently the case.

The regulations would also provide for a member of the clergy to issue the equivalent of a marriage document for marriages that have been preceded by ecclesiastical preliminaries, such as the calling of banns or the granting of a common licence. Once a marriage ceremony has taken place, the signed marriage schedule or document will be returned to the local registry office for entry in the electronic register and a certificate will be issued.

A sunset clause will also be included in Clause 4, which places a time limit on the Secretary of State’s use of their power to amend primary legislation to a period of three years, beginning on the day when the regulations are first made.

I assure noble Lords that the regulations that amend the Marriage Act to introduce a schedule system would be subject to the affirmative resolution procedure and will require the approval of both Houses of Parliament. I hope that this will assure the House that it will continue to oversee any changes made to primary legislation.

The committee raised concerns that the power for the Registrar-General to make regulations in Clause 2 may entail delegation on matters that are currently provided for in the Marriage Act. That was never the intention, so it is proposed to limit the scope of the powers to making regulations under Section 74(1) of the Marriage Act.

The provisions in the Marriage Act which refer to the Church of England are construed as referring also to the Church in Wales unless otherwise required, in accordance with Section 78(2). However, it is proposed to amend Clause 2(1)(f), which relates to the keeping of records of all marriages solemnised in the Church of England to include reference to the Church in Wales. This will enable the Registrar-General to make different provisions for the keeping of records, if required, in the Church of England and the Church in Wales.

The powers in Clause 2 would be used to enable the Registrar-General to make regulations to prescribe the content of the marriage schedule or document and for how long they should be kept. They would make provisions to correct or reissue a marriage schedule or document prior to the marriage taking place if any information, such as the couple’s occupations, has changed since a notice of marriage was given or after ecclesiastical preliminaries.

The regulations also make provision for the keeping and maintenance of existing paper marriage registers and how the entries should be corrected. These regulations made by the Registrar-General are procedural and intended only to supplement the relevant provisions in the Act.

We have included a consequential amendment in the Bill in Clause 3 to repeal the Marriage of British Subjects (Facilities) Acts 1915 and 1916. These provisions are rarely used and would no longer work with the introduction of a schedule system.

I hope that the amendments I propose to make to the Bill provide noble Lords on the Committee with reassurance regarding use of the delegated powers in the Bill. We very much value the scrutiny that the House provides through the legislative process. I beg to move.

[The Lord Speaker (Lord Fowler)]

My Lords, I should inform the Committee that, if this amendment is agreed to, I am unable to call Amendment 2 by reason of pre-emption.