Marriage (Same Sex Couples) Bill

Lord Marks of Henley-on-Thames Excerpts

Monday 24th June 2013 Lords Chamber

[Lord Anderson of Swansea]

On that issue, the situation is surely this: there is no compulsion, and if any couple, be they carers or siblings, were minded to consider that new relationship, they would surely sit down and work out what could be a major downside. They would no doubt take professional advice to see what the advantages and the disadvantages were, and if the disadvantages of that relationship far outweighed the advantages, they would not proceed. It is as simple as that: there is no compulsion.

[Lord Marks of Henley-on-Thames]

My Lords, around the Committee there is clear recognition of an injustice in inheritance tax terms to carers and siblings. However, while I do so with diffidence, I will to try to answer the question posed by the noble and learned Lord, Lord Lloyd. He effectively asked what the difference was between siblings living together and couples presently in civil partnerships living together. The answer, I suggest, is that the noble Baroness’s amendment threatens to undermine the whole notion of civil partnerships, which are about loving relationships between people living together as couples—and yes, in a sexual relationship—rather than about carers or adult brothers and sisters.

The questions are not questions about inheritance tax. I suggest that the point made by the noble Lord, Lord Alli, that people may wish to continue in civil partnerships even after this Bill goes through and even where they are same-sex couples is completely valid. To broaden the notion of civil partnerships, as this amendment suggests, undermines that possibility. Even in the words of the amendment which calls only for a review, as emolliently pointed out by the noble Lord, Lord Pannick, the suggestion has that tendency to undermine what civil partnerships are. It is for that reason that nine years ago noble Lords called the notion embodied in this amendment inappropriate and why, although it was passed here, it was rejected by the other place. I suggest that the amendment should be rejected today for the same reason and that Parliament needs to find a way, whether as described by the noble Baroness, Lady Hollis, in her erudite explanation of the technical difficulties, or some other way, to solve the quite separate injustice to carers and siblings without interfering with or undermining the notion of civil partnerships.

[Lord Elystan-Morgan]

My Lords, I have always felt discomfort if not, indeed, some element of contempt for what is called the vehicular defence. Too often, it has been said in a case where there is every merit in a proposed amendment, “Ah, yes, but that is not the correct vehicle to use at this stage”. More often than not, in the years that I have spent in this House and in another place, I have felt that it was a path of craven retreat used by many Governments in many situations but in a wholly unworthy cause. Indeed, that is my reaction in the first instance when it is pleaded that this measure may not be the proper vehicle. However, I suggest that for once that argument may well be true—not only that it is not the appropriate vehicle but that it may not be the lawful vehicle.

I have total respect and regard for all the arguments that have been advanced in favour of changing the law in this area. The arguments advanced are noble, honourable and just and there is no way, it seems to me, that they can properly be countered. However, if one looks at the preamble to the Bill, it seems to me that there may be some dubiety. I put it no higher than that, certainly not in the presence of persons far better able than me to judge this matter. It could be argued that this issue does not fall within the Bill’s Long Title, which refers to,

“the review of civil partnership, and for connected purposes”.

It may well be argued that civil partnership deals with a sexual relationship. If that is so, the relationships that we have been talking about this afternoon go beyond that. They elongate civil partnership but are not of the essence of civil partnership.

Indeed, even if I am wrong, we should remember that what is asked for is inclusion in a review. There will be immense discretion as to what the conclusion should ultimately be. Whatever the rights and wrongs of this debate may be, and they are all one way, in my respectful submission one dilutes the possibilities by including the issue in a review where there may be dubiety as to whether that is the correct vehicle. Therefore, in the circumstances, I respectfully suggest that the amendment is aimed at the wrong Act. It is not the 2004 Act that causes injustice in this regard, but the 19th century Partnership Act, as amended. In other words, if the relationships that one speaks about could by statute be deemed to be a certain type of partnership with a certain type of fiscal consequence leading therefrom that would be just, equitable and proper, then the proposal would be aimed at a correct target. If that could be done quickly not by way of review but by direct legislation, I would, indeed, consider that we had done something very worth while in a very simple, understandable way without cluttering up the argument with all manner of other considerations that may be less than relevant in the two circumstances of the case.