Civil Partnership (Opposite-sex Couples) Regulations 2019

Debate between Lord Oates and Baroness Deech

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.