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

Lord Lexden Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 1st February 2019 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I refer to my interests as recorded in the register. I too will speak to Amendment 1. I thank the noble Baroness, Lady Hodgson, for introducing her amendments. I am particularly concerned by the Delegated Powers and Regulatory Reform Committee’s report, and its reference to the Bill conferring,

“no fewer than four Henry VIII powers”.

It also refers to the contribution made by the Minister in our previous debate.

Like the noble Baroness, Lady Barker, I fully welcome the extension of civil partnerships and will do all I can to bring that about, but I am worried. The regulations have the power to do good, but also to undo the good that has been done. Proposed new subsections (1) and (2) are absolutely right because subsection (2) contains a sunset provision—a time limit on when the Secretary of State might lay regulations. However, I am concerned about proposed new subsection (3), by which the Secretary of State may, by regulations,

“make any other provision that appears to the Secretary of State to be appropriate”.

That is far too widely drawn. If we are to go down that route, I would like a time limit on when they can be implemented. Similarly, proposed new subsection (6) says:

“Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate”.


That seems wholly wrong. Instead of widening consultation it could limit it. Therefore, I have concerns about that.

I will not detain the Committee much further, but I must refer to proposed new subsection (7). On all of these I look forward to the Minister’s reassurances on the use of such regulations. Excuse me—the noble Baroness, Lady Hodgson, seems to have great powers of projection; her cold seems to be catching. However, he says, taking a very deep breath, the subsection says:

“The Secretary of State may, by regulations, make any provision that the Secretary of State considers appropriate in order to protect the ability to act in accordance with religious belief in relation to civil partnership”.


The making of “any provision” is far too wide. I would like to see that qualified. Perhaps the noble Baroness, Lady Hodgson, could indicate what actions would need to be taken to protect the ability to act in accordance with religious belief, since I remain to be convinced that such a subsection is necessary.

[Lord Lexden (Con)]

My Lords, I say to the noble Baroness, Lady Barker—my friend in many contexts, but not in that of sibling couples and civil partnerships—that I would be pleasantly astonished if my noble friend failed to give her the reassurances she sought. It is clear that the Government have no intention of extending civil partnerships in the way I would wish. I set out at length at Second Reading the unfairness and injustice sibling couples who are committed to each other in strong, stable and platonic associations have endured for far too long because they are denied civil partnerships. I will not repeat the points I made then. I should be very interested to hear what my noble friend has to say, but I do not expect the pleasant surprise I wish for.

I have not tabled amendments to this important Bill that would cause proceedings on it to be extended. I simply say this to the Government, assuming that I am right: committed, platonic sibling couples, some of whom have shared their lives for 50 years and more, look on with astonishment and anger as a political party that ought to value the family units they have created together does nothing to relieve them from the constant anxieties they endure in the absence of joint legal rights.

[Baroness D’Souza (CB)]

My Lords, may I ask a very naive question? I ask the Committee’s forgiveness if this has already been answered. What happens if there were to be a civil partnership between a brother and sister—let us say the brother and sister are Jill and John—and then Jill meets Jack and decides that she wants to marry him? Can she marry Jack and thereby have a marriage and a civil partnership?

--- Later in debate ---

[Baroness Williams of Trafford]

Yes.

[Lord Lexden]

Is my noble friend yet in position to give any details about the consultation exercise announced in October? She will remember that I raised this at Second Reading. Have there been any developments since then?

[Baroness Williams of Trafford]

I will keep noble Lords apprised of the exact consultation process and the timings thereof in due course. I fully support the amendments.

--- Later in debate ---

[Baroness Thornton (Lab)]

I would like very briefly to say how much I support the amendment in the names of the noble Lord, Lord Hayward, and my two noble friends. I led from the Labour Front Benches on the equal marriage Bill, and one of the proudest legislative moments of my life was when we put it on the statute book. It is not often that we legislate to create happiness but that is definitely what we did on those days five years ago. It is grieving that my relatives in Ireland and Northern Ireland do not have the same access and right to marry that we have here in England. This is a human rights issue. I absolutely recognise the frustration that the noble Lord, Lord Hayward, expresses about getting this through. The Government know that political will can be brought to bear on many issues: with political will and the support of the different parties we can do pretty much what we desire to do. This is one of those issues where we need to make progress.

[Lord Lexden]

My Lords, I shall be very brief. The case for change has been powerfully outlined by my noble friend Lord Hayward, and endorsed by my very great friend on this issue, the noble Lord, Lord Hayward. This is a day of muddle and confusion. I mean the noble Lord, Lord Cashman. How could I make such a fundamental mistake? I align myself with their comments and repeat what has been a theme of so many comments: this could be the moment when the Government associate themselves firmly with the proposition, which many have been waiting a long time to see adopted, that human rights must extend fully and consistently throughout the length and breadth of our land. Was that not the noble aim of the Human Rights Act 1998?

[Lord Cashman]

My Lords, if noble Lords will allow me, there is a wonderful song, which I think is from “Cabaret”, called “Mr Cellophane”. I feel like the noble Lord, Lord Cellophane—“they look right through you”. It was remiss of me in my contribution not to specifically mention the professor the noble Lord, Lord Lexden, and I worked with on trying to bring forward a Bill on this very subject. It was of course Professor Paul Johnson of the University of York.