Civil Partnership (Opposite-sex Couples) Regulations 2019

Lord Oates Excerpts

Tuesday 5th November 2019 Lords Chamber

[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.

[Lord Oates (LD)]

My Lords, like my noble friend Lady Barker’s father, my father married a large number of people, although he did so as a Church of England clergyman rather than as a nonconformist minister. I very much support the equality being progressed for opposite-sex partners via this legislation. I also very much support the comments made by my noble friend Lady Barker, the noble Lord, Lord Collins, and others about it being a shame that the Government did not take the opportunity to go all the way and ensure that there is proper equality.

While we are on the issue of real equality, I will raise an associated issue. When I formed my civil partnership 15 years ago, obviously I did not have the option of a same-sex wedding—but, even today, if I chose to convert it, I would not have the option of that wedding in a Church of England church. My father went to a register office for probably the first time in his life when he came to my civil partnership ceremony. I hope that both the Government and the Church, particularly as it is the established Church, will really reflect on the fact that, not only as a matter of choice by certain members of that Church but by law, a same-sex marriage cannot take place. I hope that they will consider the pain and sorrow that causes and will really think about that position. I recognise that this is not the matter before us, but the amendment expressing regret is about equality, and this is also a matter of equality.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have taken part in the debate. As the noble Lord, Lord Collins of Highbury, said right at the outset, the Commons can push things through quickly, but in your Lordships’ House we consider things very carefully before we give them our blessing, as it were.

I will start with the words of the noble Baroness, Lady Barker. Whatever the outcome of the general election, we as Peers in this House who promote equality will continue to do so cross-party, because that is what we have always done. If we had not approached equality in a cross-party way, we would have made little progress over the last 50 years. So I look forward to working with noble Lords across the House in progressing what is a human right: equality.

Noble Lords’ criticisms have varied from saying that we are rushing things through too quickly to asking, “What on earth has been the delay since the Supreme Court judgment in 2018?” I know that these are meant not as opposition to these regulations but as scrutinising why we have been doing what we have, and why we have delayed in some parts and rushed in others. I totally take noble Lords’ points about not wanting to perpetuate inequality. That is certainly not what either I or other noble Lords wish to do. In progressing equality, we do not want to create the unintended consequence of inequality.

The first question from the noble Lord, Lord Collins of Highbury, was: why the delay? We announced our intention to gather further evidence in 2018, having previously consulted on whether to extend civil partnerships to opposite-sex couples. I know it is frustrating, but consultation and evidence gathering can be quite time-consuming.

Can the Government guarantee equal treatment for same-sex and opposite-sex couples? That was the challenge from the noble Lord, Lord Cashman. We will absolutely ensure that future regulations on conversion are compliant with the Human Rights Act, as we have to with pretty much all legislation, or indeed secondary legislation, that we enact.

On the opportunity to see the Government’s response, again, it might be frustrating, but, given the limited time available, we waived our right to respond to the JCSI report. Victoria Atkins set out our position in the debate in the other place on 31 October. As noble Lords will know, the Secretary of State is under a statutory duty to bring the regulations into force no later than 31 December. As noble Lords have pointed out, a December election puts that at risk. We know that there are couples who are hoping to form a civil partnership early in the new year and that the availability of this new relationship is very keenly anticipated. It may be that couples have spent money and made detailed arrangements with their family, with the expectation that the new rights will shortly be available. We are very keen that that expectation will be met, if possible, and to meet the statutory deadline.

The noble Lord, Lord Collins of Highbury, asked about the consultation timing. As I said, it closed on 20 August and we are considering the responses. In addition to analysing the responses to the consultation, we must ensure that the operational processes are in place for conversions to take place. It is a priority. We will make further regulations early in 2020, to be debated in this House and the other place.

My noble friend Lady Hodgson and the noble Baroness, Lady Barker, asked about Scotland and Northern Ireland. On 25 June, the Scottish Government announced that they would introduce legislation extending civil partnerships to opposite-sex couples, and a Bill was introduced in the Scottish Parliament on 1 October. The Scottish Government’s Bill provides for opposite-sex civil partnerships registered in England and Wales to be recognised in Scotland as marriages, initially, and as civil partnerships when those relationships are available in Scotland. In Northern Ireland, Section 8 of the Northern Ireland (Executive Formation etc) Act 2019 places a duty on the Secretary of State to make regulations so that couples in Northern Ireland are eligible to form same-sex marriages and opposite-sex civil partnerships no later than 13 January 2020. The duty came into force on 22 October, after the Northern Ireland Executive did not reform, and my officials are working closely with the Northern Ireland Office towards the deadline.

The noble Lord, Lord Scriven, asked about individuals who are gravely ill. We are mindful at this stage that, for some people, the need to be able to form a civil partnership is urgent for a number of reasons, including, as he mentioned, terminal illness. Generally, couples must give 28 days’ notice of their intention to form a civil partnership, but in exceptional circumstances couples can seek a reduction in the notice period. There are also separate expedited arrangements for people who are seriously ill and not expected to recover. These processes will apply equally to civil partnerships between opposite-sex couples, meaning that those with life-threatening conditions will likely be able to form a civil partnership, rather than just give notice of it, as soon as the regulations come into force.

The noble Lord, Lord Collins of Highbury, asked me about the General Register Office issuing guidance to local registrars. It has already advised registration authorities to prepare for the commencement of opposite-sex civil partnerships from 2 December. As soon as the parliamentary processes are complete and the regulations are made, the GRO will advise registration authorities that firm bookings can be taken for notice to be given from 2 December and any provisional bookings can be confirmed.