Civil Partnership Act 2004 (Amendment) Bill

Philip Davies Excerpts

2nd reading: House of Commons
Friday 13th January 2017 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move, That the Bill be now read a Second time.

I am very excited because, in almost 20 years in the House, this is the first time that a Bill of mine has ever got an airing on a Friday morning. That shows what can happen if we persevere, and I do hope the Minister is not going to spoil it when he gets up to signal his vast support for this very sensible and much needed measure.

The debate over the Marriage (Same Sex Couples) Act 2013 has passed. The Act has become law, and over 15,000 couples have taken advantage of that new opportunity. Whatever people on the opposite sides of the argument, then or now, think, the world has not fallen in. However, as some of us argued at the time, the extension of marriage then has unwittingly created a new inequality, and a Government who argued zealously that same-sex marriage was an equality issue seem to have rather lost interest when it comes to an equality that affects opposite-sex couples. That new inequality is that marriage is available to same-sex and opposite- sex couples, yet civil partnerships are available only to same-sex couples.

[Philip Davies (Shipley) (Con)]

I absolutely support my hon. Friend’s Bill. He will recall that, at the time, the same-sex marriage Bill was known as the equal marriage Bill by many people. Does he agree that, for it to be truly an equal marriage Bill, it is essential that his Bill is enacted to make the situation properly equal as between homosexual and heterosexual couples?

[Tim Loughton]

I do agree, which is why, at the time, I argued that the amendment that forms part of the Bill would have prevented the inequality that was created, closed that loophole and made that Bill more acceptable for people who had difficulties with it. My hon. Friend is absolutely right.

--- Later in debate ---

[Tim Loughton]

The hon. Lady is right. I will refer to that case, which will go to appeal imminently, as she says. My Bill may not get much further than hers if I succeed in talking it out in the remaining minutes, so I will make some progress.

The Bill has high-profile supporters, including Rebecca Steinfeld and Charles Keidan, the couple who instigated the campaign. I pay tribute to them. They appeared in the royal courts in London last November seeking to overturn the Government ban on different-sex civil partnerships, arguing that it is unfair because it treats people differently dependent on their sexuality.

By contrast and more recently, Claire Beale and Martin Loat became the first UK-based heterosexual couple to enter into a civil partnership in the British Isles. The catch is that they had to travel to the Isle of Man for the privilege. Bravely, the island recently made this reform to its legislation. While our British island cousins have made this step towards equality, the Government on the mainland of the United Kingdom claim, as they did when Rebecca and Charles first went to the High Court in January, and when I first tabled an amendment to the Marriage (Same Sex Couples) Bill, that such a change would be costly and complicated. I just cannot see how or why.

I am not convinced by the Government’s excuses. This change is very straightforward. Just as with same-sex civil partnerships, it would not be possible for someone to become a civil partner with a close family member or someone who is already in a union. Such a union would need to be subject to the same termination criteria. All that is required is a simple one-line amendment to the Civil Partnership Act 2004, which is what my Bill would enact. That is why it is a very short, one-clause Bill. It could all be done and dusted in Committee by tea time.

[Philip Davies]

Will my hon. Friend give way?

[Tim Loughton]

I will give way very briefly.

[Philip Davies]

I promise not to interrupt my hon. Friend again. Obviously, the other way of equalising the law would be to ban civil partnerships for gay couples. Would he be in favour of equalising the law in that way?

[Tim Loughton]

That would indeed provide equality and close the loophole, but it would be a retrograde step. For the reasons I mentioned, some couples do not want to go down the formal marriage route, whether they are of the same sex or opposite sexes. We would therefore be denying the civil partnerships to an awful lot of people. Many people have chosen to go down that route and many have chosen not to convert a same-sex civil partnership into a marriage, which they can now do.

Clearly, they have reasons why civil partnership suits them, but those of the opposite sex cannot have that same privilege if it suits them better than traditional marriage. My hon. Friend suggests one way of doing it, but there would be serious downsides.

In the Government’s original consultation before the Marriage (Same Sex Couples) Act 2013, 61% of respondents were in favour of extending civil partnerships to opposite-sex couples. Alas, for some inexplicable reason, it never made it into the legislation, which would have made it a better and fairer Act. Other hon. Members and I wrote recently to the Secretary of State for Education, who is also the Minister for Women and Equalities. In her reply on why the Government do not support the measure, she said that, as part of the exercise after the Act was introduced, the Government examined whether or not people supported extending civil partnerships to opposite-sex couples and found that the majority did not. However, a clear majority in a more extensive consultation before the Act did support the extension. Why do those views no longer count?

Aside from the equality question, there is a further major practical benefit of opening up civil partnerships to opposite-sex couples: family stability, which my hon. Friend the Member for Taunton Deane (Rebecca Pow) mentioned. The Centre for Social Justice has calculated that the cost to this country of family breakdown is some £48 billion each and every year, or some 2.5% of gross domestic product. That is a big, growing and costly problem—it is costly both financially and socially.

Fewer than one in 10 married parents have split up by the time a child reaches the age of five, compared with more than one in three of those who are cohabiting but not married, and 75% of family breakdowns involving children under five result from the separation of unmarried parents. There are all sorts of statistics showing that those children are more susceptible to not doing well at school and not ending up in good jobs, and that they have problems with housing, mental health and so on. That is not to be judgmental about parents who find themselves having to bring up a child alone through no fault of their own, but two partners make for greater stability.

We know that marriage works, but we also know that civil partnerships are beginning to show evidence of greater stability for same-sex couples, including those who have children, be it through adoption, surrogacy or whatever. There is a strong case for believing that extending civil partnerships would improve that stability for many more families in different ways. If just one in 10 cohabiting opposite-sex couples entered into a civil partnership, it would cover some 300,000 couples and their children. It would offer the prospect of yet greater security and stability, less likelihood of family breakdown, and better social and financial outcomes. That, surely, is progress, and would be particularly good for children in those families.

There is a further application. Many people who have strong religious beliefs, particularly Catholics, who end up getting divorced, which is in conflict with certain religious teachings, may not be inclined to get married again if they meet a new partner because their Church supposedly believes that they should be married for life. In many cases, however, they would be able to reconcile that position by entering into a new formal commitment through an opposite-sex civil partnership. There are a number of practical real-life scenarios in which civil partnerships for opposite-sex couples could achieve something very positive that would not be available to those loving couples otherwise.

Opposite-sex civil partnerships have not been cooked up haphazardly in this country. In South Africa, the Civil Union Act 2006 gave same-sex and opposite-sex couples the option to register a civil union by way of a marriage or a civil partnership on the same basis. In France, the pacte civil de solidarité, or PACS as it is known, was introduced in 1999 as a form of civil union between two adults of the same sex or the opposite sex. Gay marriage has been added. Interestingly, one in 10 PACS has been dissolved in France, while one in three—many more—marriages ends in divorce. There is evidence that some of those civil partnerships have created greater stability, whether they are opposite-sex or same-sex partnerships. In countries such as the Netherlands, where marriage and civil partnerships are open to all, the vast majority of different sex couples continue to choose marriage, so the measure in no way tries to undermine the traditional partnership of marriage. A significant minority choose civil partnerships, so surely UK couples should have that choice.

In the many years I have been banging away on this subject, support for the campaign has grown. The London Assembly recently gave its unanimous support to the change in the law and passed a motion that states:

“The Assembly notes that whilst same-sex couples are able to form a civil partnership, different-sex couples cannot.

The Assembly acknowledges that approximately one in five households in London consist of a cohabiting different-sex couple.

The Assembly believes that the current legal situation which prevents different-sex couples from forming a civil partnership is unfair and prevents these couples from being able to get legal recognition for their relationship in a way that matches their values.

The Assembly recognises that City Hall has often been at the forefront of efforts to extend rights and liberties: in 2000 it introduced the first ever registration scheme for same-sex couples.

The Assembly calls on the Mayor to support the equal civil partnerships campaign and urges him to make representations to the government for a change in the law if the Court of Appeal rejects Rebecca Steinfeld and Charles Keidan’s appeal against the High Court’s decision to reject their application to form a civil partnership.”

Last week, there was a very supportive article in the Solicitors Journal, which referred to the current anomaly as “discriminatory”. Marilyn Stowe, the senior partner at Stowe Family Law, said:

“To some couples the concept of marriage is outdated. They do not wish to marry but equally seek a legally recognised civil union where vows and promises to each other are not required.”

There is, therefore, a lot of support for this measure. I have received many emails from couples around the country who are waiting for this change in the law to be able to signal in the eyes of the public, their friends, the law and the state that they are part of a loving, secure and sustainable long-term union. It is just a different arrangement from that which many other people choose.

I would like to quote from two emails I have received in recent days:

“Dear Mr Loughton, my partner and I have lived together for 25 years. We are not religious, nor do we feel a registry wedding is suitable for us. We have worked full-time and very hard all our adult lives and feel we deserve the recognition that other couples enjoy. As we get older”—

they are in their 50s—

“we feel we deserve the financial and long-term benefits that are given to other couples who have contributed to this great nation, but we are currently being denied these rights.”

The second email reads:

“My male partner and I”—

she is female—

“have lived together for 38 years. We do not wish to marry for many reasons, for example my mother was very adversely affected by marriage in the days when women were immediately ejected from their careers upon marrying, and rape in a marriage was legal until 1991. My mother’s advice was ‘try to enjoy it, as it might reduce the physical damage.’ But we do want a civil partnership. We are now both dependent on our pensions, but if my partner died tomorrow, heaven forefend, I would not be recognised by his pension provider and would receive nothing from them. If we had a civil partnership, they would recognise my claim.”

That is just another example of the instability facing loving couples—in this case, they have been together for 38 years—if one of them dies, because the state does not recognise their relationship.

We need to close this anomaly. I do not understand why the Government have reneged, effectively, on their promise, after the Same Sex Marriage Act, to pursue this properly and to draw an end to the inadvertent inequality that has come about through that Act. Regardless of the Act, there is a case for extending civil partnerships to opposite-sex couples for the whole raft of positive reasons that I have set out in my short comments today. If the Government are to allow people to be as free as possible to make their own decisions without harming the freedom of others, what on earth are they doing failing to make it lawful for people of the opposite sex who happen to love each other to enter into a civil partnership, when they allow that very same freedom to people of the same sex? The current situation is unfair, illogical and needs to change. That is exactly what my Bill will do with minimum fuss and that is why I commend it to the House today.