Registration of Marriages Regulations 2021

Lord Paddick Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Paddick (LD) [V]]

My Lords, I thank the Minister for introducing these regulations. They are very welcome in that they allow both parents’ details to appear on a marriage certificate rather than just those of the father, as has been the case in the past. This promise was made by the then Prime Minister David Cameron in 2014. Can the Minister explain why it has taken seven years to bring about this change, as the noble Baroness, Lady Hodgson of Abinger, also asked? The change from a hard-copy marriage register to an electronic system of registering marriages, with its added flexibility and cost savings, is also welcome.

Can the Minister explain why the Government did not take the opportunity to introduce a uniform system across all marriages, whereby the superintendent registrar in the district where the marriage is to be solemnised issues a marriage schedule for a couple and their witnesses to sign at the marriage ceremony, which is then returned for the information to be entered into the electronic marriage register, and a marriage certificate is then issued? Why is an exemption being made for the Church of England and the Church in Wales, whereby a member of the clergy will issue a marriage document instead of the marriage schedule issued by the superintendent registrar? Marriage certificates will now be issued only by register offices, so why not marriage documents? The noble Baroness, Lady Sherlock, has outlined how confusing this dual system is going to be.

The Explanatory Memorandum states, as the Minister has said, that the Marriage of British Subjects (Facilities) Acts 1915 and 1916 are seldom used and that their removal will enable a smooth transition to the new registration system. However, I cannot see immediately how these Acts would hinder the introduction of the new system. Can the Minister help on this point? How often are they used and what will be the impact on those who might have used the Acts?

The change to Section 28B of the Marriage Act 1949 that requires evidence of nationality to also include evidence of status or pending application for status under the EU settlement scheme is understandable. However, can the Minister remind the House what conditions other than marriage to a UK citizen have to be fulfilled before a foreign national spouse can remain in the United Kingdom? Why are the protections against sham marriage not sufficient? I look forward to the Minister’s reply.