Marriage Registration Certificates

Rupa Huq Excerpts

Tuesday 8th December 2015 Westminster Hall

[Mrs Spelman]

I quite understand the hon. Lady’s point, but as she will see in the course of my speech, there is an opportunity to step forward, right into the 21st century, in the way that we register marriages, which will secure the mother’s name on the register. If she will bear with me, I think she will see that some other benefits could flow from a practically different way of registering marriages.

If we ended up having to replace the books, few would disagree that it would not be a good use of that sum of money. There is another, more efficient way that marriages could be registered, which is to adopt a system very similar to that which already exists in England and Wales for the registration of civil partnerships and which is already in use for the registration of marriages and civil partnerships in Scotland and Northern Ireland.

Under the alternative system, known as the schedule system, marriages are registered in a single electronic register instead of in marriage register books. Changes to the form of the register entry can be made easily without the need to replace all the register books. Instead of signing a register book at the ceremony, the newlyweds sign a document that is then returned to the register office to be entered in the existing electronic register so that a marriage certificate can be issued.

Having all marriages registered online would create a central database without the need for any further administrative processes, but changing the way we register marriages requires a change to primary legislation. Depending how this debate goes, it is my intention to introduce a marriage registration Bill, which may look remarkably like the one that the hon. Member for Neath proposes to introduce. I would be very happy to make copies of that as soon as possible. There is a great desire across the House to find the best possible vehicle to make the change.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I congratulate the right hon. Lady on bringing the important subject to the House. On Friday, we debated the Riot (Damages) Act 1886, and some Members here were present. That Act has not been changed since 1886, which is quite recent compared with the legislation that the right hon. Lady mentioned. I understand that the Home Office Minister, James Brokenshire, said in October that there would be a timetable in due course. Does the right hon. Lady have any insider information as to whether there has been any progress on that?

[Mr Graham Brady (in the Chair)]

Just before the right hon. Lady continues, may I remind Members not to use the names of other Members of the House?

[Dr Huq]

Sorry, I could not remember his constituency.

[Mrs Spelman]

Nor can I, off the top of my head. The hon. Member for Ealing Central and Acton (Dr Huq) might have been present at Prime Minister’s questions—I think it was the week before last—when her hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq), who is here today, secured a promise from the Prime Minister that if we cannot succeed in getting marriage registration certificates changed through private Members’ legislation, the Government will do so through Government legislation. Maybe like the Riot (Damages) Act, which the hon. Member for Ealing Central and Acton described—clearly I missed the action on Friday—this subject is an example of something that is really good to come from the Floor of the House of Commons. It is something that we feel strongly about and it is an example of a good opportunity for private Members’ legislation.

My draft Bill would contain powers to amend the Marriage Act 1949 by regulation, subject to the affirmative resolution procedure, to make provision concerning the registration of marriages in England and Wales. The Bill would not make mention of marriage certificates or the inclusion of mothers’ names for an important reason: the Bill would be an enabling measure. If enacted, the actual content of the marriage register, and therefore marriage certificates, which are a copy of the entry, would need to be prescribed in regulations made by the Registrar General with the approval of the Secretary of State.

Simply updating the marriage entry to include the mother’s name in addition to the father’s would not go far enough in today’s fast-changing society. Already, some families do not have a legally recognised mother and father, but instead have a mother and a second female parent, or, as in surrogacy cases, two legally recognised parents. In fact, there have always been cases that the current form of the register failed to accommodate properly, including where a child had been brought up by a guardian and might not know his or her father. As family composition continues to change, the marriage register must be capable of adapting.

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[Dr Huq]

rose—

[Christina Rees]

He said that he would ask the Home Office how it could be addressed.

[Dr Huq]

I apologise for my keenness to intervene. My hon. Friend mentioned the Prime Minister. I think that he said at the time that marriage certificates do not reflect modern Britain. Given that he declared recently at Prime Minister’s questions that he is now a feminist, is that not an example of how he seems to say one thing and do another? There has been zero progress on this important subject since August 2014.

[Christina Rees]

I could not possibly comment on that.

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[Victoria Prentis (Banbury) (Con)]

It is a pleasure to serve under your chairmanship, Mr Brady, and to speak in this debate, which we are all grateful to the Second Church Estates Commissioner, my right hon. Friend the Member for Meriden (Mrs Spelman), for securing. I should probably declare an interest, given that two members of my staff intend to get married—not to each other—in the next year, so I was under a certain amount of pressure to attend this debate. We talk of nothing but wedding dresses in the office.

It is almost 19 years since I married my husband on a cold and frosty December day. Since then, the idea of marriage has evolved considerably, but it remains important to many of us. It is noticeable that the mothers in this debate—I hesitate to call it “the audience”—go particularly shiny-eyed when we talk about our daughters getting married. As the mother of a 14-year-old and a 12-year-old, I am already thinking of those happy days that I hope will happen one day—but not too soon.

We should recognise that families today look very different to how they looked even 20 years ago, when I thought about getting married, and extremely different to how they looked two centuries ago, so I will focus on how we adapt to that change.

[Dr Huq]

I did not declare my interest as a mother before; I do so now.

The hon. Lady makes an excellent point that the constitution of families has changed dramatically. Is she aware that, according to Gingerbread, there are now 2 million single parent households, which is 25% of all families with children, and 90% of those single parents are women? Given those figures, this erasing of women from history, as my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) has called it, seems even more anomalous.

[Victoria Prentis]

The hon. Lady makes a point that I will come on to shortly.

First, however, I will again quote the Prime Minister, from his speech to the Relationships Alliance summit, which I referred to earlier. He said:

“We all know that a strong family begins with a strong relationship between two loving people who make a deep and lasting commitment to each other…in Britain we recognise and value the commitment that people make to each other. And that’s just as vital whether the commitment is between a man and a woman, a man and a man or a woman and another woman.”

As we have heard from other Members this afternoon, it was in that same speech that the Prime Minister announced plans to address the “inequality in marriage”, to enable mothers’ names to be included on marriage certificates as well as fathers’ names.

I have discussed this issue at length with one of my constituents, who has been in a relationship for a considerable time; in fact, we are all eagerly awaiting her engagement as well. She pointed out that she is estranged from her father, who subjected her and her siblings to sexual abuse over a number of years, and has not seen him since she was 10. As a result, she would not want his name to be included on her own marriage certificate.

I looked into this matter and I understand from guidance from the General Register Office and from my own diocese in Oxford that

“If either party does not wish to put their father’s details in the Register or they do not know who their father is, you should not put ‘unknown’ or leave the column blank. You should put a horizontal line through both columns to show that no information was given.”

Although that would reflect in some ways my constituent’s wishes, it would also mean that there would be no mention of her mother, who understandably had to act as both mother and father to her during the very difficult circumstances of her upbringing. I feel strongly that a marriage certificate should recognise such a scenario.

--- Later in debate ---

[Tulip Siddiq]

I absolutely agree.

I have also found that men and women who are interested in family history often find it very difficult to trace it through a family line and official documentation. It is about time that situation changed.

However, my main reason for raising this issue in Prime Minister’s questions is the sheer number of my constituents from Hampstead and Kilburn who have written to me about it. In particular, I will highlight the case of a single mother who wrote to me recently. She was brought up by her mother and has had no contact whatever with her father. She told me that she was devastated to learn that the outdated practice that we are discussing is still a requirement of marriage. She said:

“When I get married, I will be expected to put my absent father’s name and profession on my marriage certificate whilst my mother who brought me up will not be included.”

It puts a dampener on this important day in someone’s life—when they are getting married—if they cannot acknowledge the person who raised them.

We must remember that our discussions today reflect the deeply held anxieties of the people we represent in our various constituencies.

[Dr Huq]

I want to draw my hon. Friend’s attention to The Daily Telegraph, which is not normally sympathetic to the Opposition—it has been known as the “Torygraph”. Its Wonder Women section backs a campaign on this issue, and a report in the paper in October included a quote that sounds very similar to the one my hon. Friend read out. Someone who is interviewed in the report says:

“I cannot believe it that in a developed country such a primitive reality would stare me in my face in the UK. I am deeply distressed”.

[Tulip Siddiq]

Well, if the Torygraph says it, we must agree with it. I agree with my hon. Friend, who puts a lot of hours into managing her life and her son—he is 11 years old and a delight.

I should point out that my constituent’s case is not a stand-out case. As my hon. Friend pointed out earlier, there are now 3 million lone-parent families in the UK—an increase of 500,000 over the past decade. According to the Office for National Statistics, there are now 2.5 million lone-mother families, compared with 437,000 lone-father families. The number of families with single mothers is therefore significantly higher than the number of families with single fathers. Although circumstances will differ from family to family, we need to bear those figures in mind while we fight to rectify the injustice we are talking about.

When I spoke to colleagues about marriage certificates and other issues, several of them—particularly one from London—talked about the large amount of correspondence they receive about certificates in general. Although the issue I want to raise is slightly different from the subject of the debate, I want the Minister to be aware of it.

It is virtually impossible to put fathers on birth certificates if they die before the birth of their child. Such cases are for another day, but I would like the issue to be reviewed. In one case, a father died a month before his child was born, and the mother is having to go to court to put his name on the certificate. She is having to deal not only with her grief following her bereavement, but with the fact that her child’s birth certificate will not mention her partner’s name. Will the Minister meet me and my London colleague to discuss the issue and see whether the Government will launch a comprehensive review into the various injustices that seem to occur with official documentation as a whole?

We operate in a political culture where policies do see U-turns. Earlier today, I was pleased that our Justice Secretary said that the criminal courts charges will be reversed. We also have the example of tax credits. If those polices can go through U-turns, almost on a whim, is it not possible to implement a policy that has been talked about endlessly? Early-day motions have been tabled, and questions have been asked at Prime Minister’s questions and at other times on the Floor of the House. We do not want the public to think that gender equality is not among our top issues. We must make sure that this change in policy gets through.

This is not the first injustice the Government have been slow to correct. However, there is something rather surreal about the Prime Minister demanding a change, and that change still not happening.