Marriage (Same Sex Couples) Bill

Malcolm Rifkind Excerpts

Tuesday 21st May 2013 Commons Chamber

[Caroline Lucas]

Yes, I think it does underline the benefit. As we have said, the numbers are not huge, but for the individuals involved, it was very distressing, so I think it appropriate that we take this opportunity to address the situation.

My amendment 49 would address the continuing discriminatory hurdle in the Bill around pensions. The Bill allows employers and pension providers to award gay spouses and civil partners a fraction of the survivor benefits payable to a partner in a mixed-sex marriage. It is an unnecessary and counter-productive anomaly in a Bill that otherwise makes landmark progress in furthering the fundamental human rights of gay people. The amendment would give same sex couples entering into a gay marriage entitlement to the same pension rights as married opposite-sex couples. It removes both existing discriminatory provisions in the Equality Act 2010 and the subsequent extension of that discrimination in this Bill.

[Sir Malcolm Rifkind (Kensington) (Con)]

In tabling amendment 49, the hon. Lady has identified an anomaly that deserves to be rectified in the way she suggests. If the Government and the House want to give complete equality to same-sex relationships, they must address the pension question, otherwise we will have this extraordinary anomaly that if a person in a same-sex relationship today chooses to enter into a heterosexual marriage tomorrow, their new spouse would have full pension entitlement, whereas their former same-sex partner, whom they might have had a relationship with for many years, would get a fraction of that pension entitlement. If the Government and the House want same-sex relationships to have full equal rights, her amendment must be the right course of action.

[Caroline Lucas]

I am grateful to the right hon. and learned Gentleman for that intervention. I know he has had first-hand experience in his constituency of exactly this issue.

Paragraph 18 of schedule 9 to the Equality Act 2010 allows employers and pension providers to ignore the service and contributions of gay employees made before 5 December 2005 when it comes to assessing survivor benefits for their civil partners and occupational pension schemes. Paragraph 15 of schedule 4 to the Bill would extend that discriminatory provision to same-sex spouses.

As we saw in yesterday’s debate on opening civil partnerships to opposite-sex couples, the Government are comfortable arguing that unforeseen costs to pension schemes are a legitimate justification for sanctioning discrimination, yet their warning that the equalisation of treatment in the provision of occupational pension benefits will cost too much simply cannot be substantiated. No pension provider can accurately predict how many individuals in a pension scheme will be gay, never mind how many of them will marry or form a civil partnership with an individual who outlives them by a significant period of time.

Dealing with uncertainties around length of life, the possibility of illness, the decision to marry and many other issues is second nature to pension providers. Gay married people pose no more uncertainty than their straight counterparts. What is more, according to the Government’s figures, two thirds of pension providers already do the right thing, so any additional liability to pension schemes will surely be minimal. The financial implications of perpetuating discrimination could be very grave indeed, though, for those individuals who have paid into their pension schemes in the same way as other employees, yet will be denied the survivor benefits available to married mixed-sex couples.

One recent employment tribunal found that an occupational pension scheme was directly discriminatory because it provided a civil partner with only the benefit from pension rights accrued since 2004—in other words, when civil partnerships became available in the UK. John Walker and his civil partner have been together for 20 years and registered their civil partnership at the first possible opportunity, yet the pension scheme sought to restrict the survivor benefits available to John’s partner to just £500 a year. If John dissolved his civil partnership and married a woman today, she would be entitled to £41,000 per annum in the event of his death.

With the help of Liberty, John challenged that discrimination and recently won his legal battle to secure equal pension benefits for his civil partner. The employment tribunal relied on European Court of Justice rulings, which concluded that treating married and same-sex couples differently over the pensions payable to a survivor when national law recognises the relationships as equivalent in other respects breached the framework directive on equal treatment in employment. My amendment 49 would ensure full compliance with that directive and, crucially, ensure that the equality rulings made by the courts are applicable to all marriage relationships.

Leveson Inquiry

Malcolm Rifkind Excerpts

Monday 3rd December 2012 Commons Chamber

[Maria Miller]

The hon. Gentleman will, I know, take a full part in the debate. I ask him to reflect a little. We are saying that we accept the principle of an independent and tough regulatory body, and that we will do what is necessary to make sure that it is tough and adheres to those Leveson principles. I am sure he will want to follow closely some of the cross-party talks that I am having with the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who speaks from the Front Bench for his party, on how we achieve just the sort of underpinning that he is talking about.

[Sir Malcolm Rifkind (Kensington) (Con)]

My right hon. Friend said that if the press do not respond, the Government will take action. If the press produce a system of review which is not fully independent of the press industry, which does not fully accept the jurisdiction of that new body, or which is not able fully to implement standards and conclusions that it reaches, will my right hon. Friend on behalf of the Government say that the Government would then accept the need for an Act of Parliament to achieve these objectives, which she rightly said we fully endorse?

[Maria Miller]

My right hon. and learned Friend sets out clearly what he sees as the key principles contained in Lord Justice Leveson’s report, and I can respond by saying that we will absolutely ensure that those key principles will be implemented, including many of the things he talks about. We are equally clear that if we do not see the action that is needed, we will take action. The status quo is not an option. I will certainly make that clear in my meetings with editors tomorrow.

Justice and Security Green Paper

Malcolm Rifkind Excerpts

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

Special advocates are a key part of what we are proposing. Controlled material proceedings will involve the use of special advocates, but the Green paper touches on how to improve that use. There are serious problems relating to how much special advocates have to know about the evidence they will hear before they can take proper instructions from their clients and how far they can report back to their clients the gist of what has been said. At the moment that works quite well in immigration tribunals, on which this is based, but the Green Paper asks for suggestions on how the role of special advocates can be improved. They are an essential part of the process, but anything that helps us handle the difficulties in using them would be welcome.

[Sir Malcolm Rifkind (Kensington) (Con)]

I warmly welcome the priority given to the protection of information provided by friendly foreign Governments, because, quite frankly, without that protection the provision of that intelligence would simply dry up, to the great detriment of this country. As Chairman of the Intelligence and Security Committee, may I say how much the Committee welcomes the decision to follow its recommendation that it should become, for the first time, a Committee of Parliament and be given effective powers relating to the operation of the intelligence agencies and not simply relating to policy, procedure and administration, as laid down in the current legislation? That is very much to be welcomed because it will enable Parliament and the public to have confidence that there is genuine, independent and effective oversight of our intelligence agencies.

[Mr Clarke]

I am grateful for that authoritative response to the Green Paper. I think that it matters on both sides of the House that the ISC becomes a Committee of Parliament and, in a fuller sense, is accountable to Parliament as well as to the Prime Minister. We can build on the excellent work it has done since it was first established.