Registration of Births

Debate between Madeleine Moon and Stella Creasy

Wednesday 23rd March 2016 Westminster Hall

[Stella Creasy]

As I was saying before we were interrupted by high-speed rail, this debate is about equality and freedom, because the law on equality is ultimately about the freedom for people to live their life as they wish. The freedoms we are talking about today are freedoms held in one of the most tragic circumstances possible: a mother losing a loved one just as she is bringing a new life into this world. Today I will talk about the way in which, perhaps inadvertently, our legislation discriminates against people in those circumstances.

[Mrs Madeleine Moon (Bridgend) (Lab)]

The freedom that my hon. Friend is referring to exists in Germany and Switzerland, both of which have the sensible rule that parental information is taken when the baby is first introduced to the midwife and maternity system and the father acknowledges paternity. The legal situation is clarified at that point, rather than at the point of the baby’s birth.

[Stella Creasy]

My hon. Friend, like me, has such cases in her constituency, hence her concern to get the law right. The legislation does not make sense in the 21st century, and our concern is that it inadvertently discriminates against women. It makes a value judgment about the mothers in question and therefore enshrines an outdated attitude towards women in the process.

I have some examples, and I am grateful that one of the people tragically affected is here with us today. My constituent, Joana, is a young mum from Walthamstow, and she already had one child with her partner, David, when he tragically had a stroke shortly before the birth of their second child, Eira. Having his role in Eira’s life recorded was therefore an important part of the grieving process for the family, and doubly important for Eira because it gives her the same rights to David as her sister. Joana has described to me the dehumanising process of trying to get David’s role in Eira’s life recorded on the birth certificate. She described turning up at the register office only to find that the registrar had no idea what to do, and she then found out that she had to go to court to prove that David was the father. She had been in a long-term relationship with this man. She shared a mortgage with him, and he had been at the National Childbirth Trust classes. He had been an integral part of the preparations for the birth of their second child. They were clearly in a committed relationship, but alas, the law includes no ability to recognise that and does not give the registrar the ability to record David’s part in Eira’s life, because of the simple fact that Joana and David were not married.

Joana is not alone. Penny’s partner Nathan sadly died two weeks after their son was born. Their son was conceived using IVF, so Nathan was clearly the father. Again, purely because Nathan and Penny had chosen not to marry, they were not able to record Nathan’s role in their son’s life on the birth certificate. Penny told us:

“Babies don’t come from wedding rings.”

There is also Rebecca, who already had a child with Mark before he tragically died in a paragliding accident when Rebecca was just 17 weeks pregnant.

All three women faced the same scenario in which their word, and even the basic evidence they could provide for the long-standing, committed relationships they were in with the fathers of their children, was not enough, so they had to go to court. They faced a court fee of £365 and possible further fees for DNA tests to prove that their partner was indeed the father. In fact, in Joana’s case, David’s father had to come to court. They had to take DNA not just from Eira but from her sister and from a family member to prove that most basic relationship, which was obvious to the outside world.

The situation was very different for Kate, who also lost her partner in tragic circumstances shortly before the birth of their son. Three weeks before he passed away they married in a hospital intensive care unit. The £27 licence meant that not only was she able to register her child’s father with no further questions asked—even though, just as in the cases of Joana, Penny and Rebecca, he was not present at the registration process—but she was entitled to a bereavement allowance of £2,000 and an ongoing widowed parent’s allowance of £510 a month.

There is a simple question at the heart of this matter. I wanted the debate because as a society we have not yet considered these issues, even though they affect how people live today. In securing the debate, the first thing I wanted to do was put this matter on the Minister’s list of things to resolve. The situation still exists only because nobody has really looked at it in the 21st century. Why do we treat Kate differently from Penny, Rebecca and Joana?

I pay tribute to the organisation Widowed & Young, which has been helping equally all four of the women I mentioned. It recognised the iniquities in the existing system. When those women’s partners were alive, all four couples were treated equally with regard to taxation. It is only in death that we see the inequality in people’s treatment. By having that marriage licence, Kate did not have to go through the indignity of having to try to prove her child’s paternity in the way the other three did.

The Births and Deaths Registration Act 1953 is truly from another time. I say for the avoidance of doubt that I think everyone understands that because legal rights come with parenthood, there must be a process for registering children. That process must withstand scrutiny and nobody, either male or female, should be registered if they are not a parent. But the Act is designed to protect fathers from having an illegitimate child registered. I would caution that the term “illegitimate” in itself speaks volumes of the 1950s, not the 21st century in which we live.

The existing law requires the courts to verify parentage when the parents are not married, as if marriage in and of itself verifies the truthfulness of what a woman says. There is, though, already a process in place for a birth certificate to be amended to add a name. We already recognise that it is right for a registrar to have the discretion to amend a certificate in certain circumstances—they can use their professional judgment and respond to the person in front of them—without requiring people to go to court, which can cost families thousands of pounds at the most tragic of times.

We do not, though, have the ability to correct an absence. There is no way to allow a registrar to look at the evidence that Joana could have so easily presented, at the time, of the sincere and committed relationship she was in with David, and to act accordingly. At the most difficult and sensitive time for a family, the law stands firm. It does not see the lives that people had, but simply makes the judgment that they were not married. We must change that. Turning up with a father is in itself no guarantee that he is the father, just as turning up without him does not mean that he can be verified by DNA testing alone.

Will the Minister consider ending the inequality and making sure that this part of the law does not judge those who choose not to marry, just as we seek to support those who do choose to marry? In not giving registrars the same power to correct an absence as to make an addition, we persist with the inequality of saying that some women will lie and that marriage is what makes them truthful. Why treat women who choose not to marry as somehow untrustworthy? Why not enable registrars to seek evidence, act and use their professional judgment? We are seeking a small change in the law, but it would be a big injustice for the families if we did not drag the legislation into the 21st century.

I appreciate that this might be the first time the Minister has considered the matter. As my hon. Friend the Member for Bridgend (Mrs Moon) pointed out, there are different processes in place in other countries. We want the Government to commit to looking at how they can make a change happen, and to recognise that this is an injustice that needs resolution. It is now too late for Joana—she has managed to record David’s role in Eira’s life through other means—but we know that many more families out there are suffering the same experience and hope the Government will act accordingly.

Consumer Rights Bill

Debate between Madeleine Moon and Stella Creasy

Tuesday 28th January 2014 Commons Chamber

[Stella Creasy]

The hon. Gentleman is again being a little uncharitable. I pointed out that consumer rights legislation in this country has had an elephantine gestation. If his argument is that something is better than nothing, when we could be aiming for the best for this country, I think that people will see the difference between the choices of the Government and the Opposition.

I want to set out our ambition today. If the hon. Gentleman is on the Committee, I encourage him to support it. We want to get the best possible consumer rights framework in this country and truly tackle the detriment that people in our communities are facing. We want to prevent problems from occuring in the first place, rather than waiting for people to be ripped off. That is the ethos that we want to see in the Bill. We know that when we do not get consumer rights right in this country, it is the poorest and the most vulnerable who pay the biggest price.

Consumer Futures and the Joseph Rowntree Foundation have found that lower-income families can end up paying £19 more a week on average because they face higher charges for the same products. Their research shows that such poverty premiums can add up to 10p for every £1 that is spent by households. Poorer households in this country are subsidising richer households as a result of the levels of detriment that they face.

I will set out for the Secretary of State four questions that we believe could make the Bill better and that will be the focus of our efforts in Committee.

[Mrs Moon]

Often, the poorest families shop away from the main street. Something that has long concerned me is that furniture dealers in white vans are selling products that are lethal because they do not meet British fire-retardant foam standards. If a fire starts, it can literally kill a family before they get out of the room. How can we tackle that problem and ensure that poor families are protected by consumer protection legislation, not just those who can afford to shop on the main street?

[Stella Creasy]

My hon. Friend is spot on and shows why the Bill falls short. That issue in the furniture industry reveals the problems that we have with the ombudsman system. I will come on to that matter and talk about her work on it.

The first question that we want to ask relates to the role of competition and challenge within markets to produce choice and value for money, which the Secretary of State spoke about. We agree that competition is a key driver of quality, innovation and personalisation in products, goods and services. However, in many markets in Britain, people are paying over the odds for essential goods and services because the barriers to entry into those markets have created dominance for a small number of providers or because there is outdated regulation. The existence of many companies does not always mean that there will be competition either. The ability of small firms to compete with larger providers is a key element of a free and functioning market.

If the Secretary of State wants examples of where those problems lie, there are many. My right hon. Friends the Members for Doncaster North (Edward Miliband) and for Don Valley (Caroline Flint) and my hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex) have been clear about the broken nature of our energy markets. Six companies dominate the retail market in the UK, supplying to 98% of the domestic market and 82% of the smaller business market. The fact that no new entrant has managed to challenge that dominance suggests that there are significant barriers to newcomers that inhibit competition. That is reflected in the prices that consumers pay. A lack of competition in the retail market for energy has resulted in consumers paying £3.6 million more than they need to every year. Switching levels in that market are the lowest that they have been for years. The low levels of switching mean that the big energy companies have a captured market, which again reduces the incentives to keep prices competitive.

It is not only in the energy market—[Interruption.]