Oral Answers to Questions

Debate between Rupa Huq and Caroline Spelman

Thursday 17th December 2015 Commons Chamber

[Mrs Spelman]

My hon. Friend may not agree with me about the underlying causes of climate change, but I think he has to accept that, with the collapse in the oil price and the volatility of oil as a commodity, it makes eminent good sense for the Church Commissioners to diversify their portfolio, particularly away from the extraction of materials that may be detrimental to the environment.

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

rose—

Marriage Registration Certificates

Debate between Rupa Huq and Caroline Spelman

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?

[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.