Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Sandy Martin Excerpts

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Sandy Martin (Ipswich) (Lab)]

I thank the hon. Member for East Worthing and Shoreham (Tim Loughton) for bringing forward this Bill and commend the hon. Member for Banbury (Victoria Prentis) and my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) for their bravery and determination today.

I support all the elements of the Bill, but I wish to speak to clause 2. The civil partnerships aspect is long overdue. I fully understand why the authors of the original Civil Partnership Act 2004 were focused on their primary purpose of allowing gay men and women to live as couples recognised by the law. The need was great, and hon. Members are well aware that it is often better to put forward a Bill that only fulfils the main purpose, rather than load it down with other, possibly more contentious matters that may delay its transition.

It was a shame, however, that, in passing the Act, the House potentially compromised one of the most important principles that gay people had been fighting for—the principle that every citizen of this country should be treated as equal before the law. This point was made at the time, and I can remember that some of those making it were seeking to scupper the Act, so I appreciate why it was passed in the form it was. It was incredibly important to me, as a gay man in a civil partnership with my partner, that our relationship be recognised by the law of the land and in consequence treated as equal by all the relevant civil institutions.

I can remember arguing with a customer service employee of the borough council that neither my partner nor I was living alone and that therefore we should not be in receipt of the single person’s discount on our council tax. We were seeking to pay the borough the correct level of council tax and were denied the right to do so. The officer actually stated, “We do not recognise the existence of same-sex couples”.

My partner can now be my next of kin, will automatically inherit if I die and is accorded all the respect and accommodations due to someone as one half of a legally recognised couple. However, although I fully support the introduction of same-sex marriages, we had no overwhelming desire to get married. We believe that our civil partnership accords us the respect and protections we need and are happy to leave it at that. And that is the position that a substantial number of opposite-sex couples would also like to be in.

Two of my constituents, one of whom is well known to me as a former borough council officer, have lived as a couple for 40 years. They have two children—one is 29 and the other 33—but they have never wished to get married because they do not want to feel that they are binding themselves with some sort of moral straitjacket. They feel that going through the act of marriage would be like an admission that they might split up if it were not for the marriage act, but they do want the fact that they are a couple to be recognised by the law. They have the knowledge and ability to have instituted a complicated legal trust to prevent their children from losing their inheritance when they die, but they are very aware that most couples do not have that ability. They do not understand why, if I and my partner can live in a civil partnership, they should not also have that facility.

[Tim Loughton]

I am grateful for the hon. Gentleman’s support for the Bill, and I applaud his public spiritedness in wanting to pay more tax. Does he agree, though, that abolishing civil partnerships and just having the level playing field of marriage would be deeply destructive, because he would be in limbo, belonging to an exclusive and dwindling group to which nobody could be added, which would be an extraordinary position and certainly not progressive?

[Sandy Martin]

I thank the hon. Gentleman for making that point, and I fully agree with him. I am very pleased with my civil partnership. I would not wish it to be changed in any way. As he rightly says, if the civil partnerships already entered into remained but no further civil partnerships were allowed, it would introduce a separate and different relationship under the law for people of the same sex that does not apply to people of the opposite sex. The basic principle that people should be treated the same in law is well worth upholding.

The other point, of course, which the hon. Gentleman did not make explicitly but which needs to be borne in mind, is that many opposite-sex couples have the same view as the opposite-sex couple I just mentioned, and do not want to enter into marriage but do want their relationship to be recognised. My hon. Friend the Member for Stroud (Dr Drew), who is no longer in his place, made this point very clearly. There are many opposite-sex couples who have been living together for some time, and anything that the law can do to regularise their position and make sure they stay together and are treated properly by the law has to be a good move.

In conclusion, equality before the law is a very important principle. I believe that the civil partnerships aspect of the Bill helps to address that principle, and I urge hon. Members to support it.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Sandy Martin Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

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

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

May I pay tribute to the Minister who has just spoken, the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for South Derbyshire (Mrs Wheeler)? Her speech was a masterpiece of clarity, conciseness and succinctness on a Friday morning on which there is important business to proceed with.

We had a very thorough and constructive Committee stage. I thank all the Members who took part in it, as well as the Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). She is not in the Chamber today, but she has been part of the Bill process. I welcome the Minister for Immigration, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), who I hope will deftly manage the Bill without incident on its passage through these important stages. I am sure she will want to carry on the continuity of support that the Government have given, because there is very widespread support from both sides of the House for all four major parts of this Bill. Virtually all of them are now Government policy, so there is no reason why they should not want it to proceed. I anticipate that today should be a breeze, and that we can get on to the Third Reading of my Bill and swiftly go on to the Organ Donation (Deemed Consent) Bill, which so many of us support. We offer our good wishes to the Bill’s promoter, the hon. Member for Coventry North West (Mr Robinson), who cannot be in the Chamber today.

Since the Committee sitting on 18 July, there has been a crucial change regarding the extension of civil partnerships, which is why the new clause and the amendment are necessary. That change is of course the announcement by the Prime Minister through the medium of the media—namely, the Evening Standard, on 2 October —when the Government confirmed that, for the first time ever, gay and straight people will have the same choices in life, which will be achieved by new laws to extend civil partnerships to opposite-sex couples. There are now some 3.3 million such couples cohabiting in the United Kingdom. That was welcome news, and I was expecting a call beforehand from the Government to discuss how we could collaborate on my Bill to bring about that Government policy in the speediest and most effective way.

The change was of course spurred on by the ruling of the Supreme Court on 27 June, in the case of Steinfeld and Keidan, which revealed that the Government were in breach of the European convention on human rights. That followed a nearly four-year battle by Rebecca and Charles, which was almost as long as my own campaign in Parliament on this subject. I have proposed amendments going back as far as the Marriage (Same Sex Couples) Bill, I had a subsequent private Member’s Bill and of course there is the ballot Bill that we are debating today.

[Sandy Martin (Ipswich) (Lab)]

Will the hon. Gentleman give way?

[Tim Loughton]

Of course I will give way—not too often.

[Sandy Martin]

May I offer the hon. Gentleman my congratulations on achieving this step forward? As he will remember, I intervened on him on Second Reading about the necessity of treating everyone equally according to the law. Obviously, everyone could be treated equally badly; I am glad that everyone is now going to be treated equally well.

[Tim Loughton]

The hon. Gentleman quite rightly spoke very eloquently and with his own personal experience in support of this part of the Bill on Second Reading, for which I was very grateful, and that was very effective.

As I say, I was not warned about this advance in Government policy by the Prime Minister, and I have not really been briefed since about exactly what it amounts to. At the moment, I have no idea whether the Government will now accept this new clause, will vote against it, or will allow debate to go on—perhaps beyond 2.30 pm today. Frankly, if there are objections from the Government, I hope they will be based on fact, not conjecture or some of the scare stories about what my new clause might actually achieve. However, I have been involved in some very helpful discussions with the lead officials in the Government Equalities Office on civil partnerships legislation, and of course the continued support of the excellent lead official from the Home Office on this Bill, Linda Edwards.

The problem the new clause addresses is that at no point have the Government indicated a timeline or a method for bringing the extension of civil partnerships into effect. Delay and obfuscation was a major criticism in the ruling by the Supreme Court earlier in the year. More than three months after the Supreme Court ruling, the Government have simply indicated that they will address the inequality by extending civil partnerships, rather than abolishing them. Abolishing them was never a practical option, but that confirmation is very welcome.

Four months on, the Government have not indicated a timeline, despite the urgency factor pressed by the judges. If we read the Supreme Court ruling, we can see that it absolutely highlights the fact that the Government could have acted before now. On several occasions, it refers to this private Member’s Bill and my previous one as a way of rectifying this matter. It actually criticises my private Member’s Bill for not being tougher in proceeding with a change in the law on a timeline, rather than just agreeing to have a report, which I had to do to get the Bill through Second Reading and into Committee.

My Bill, with the addition of this new clause, is actually very helpful to the Government on a number of fronts. It confirms in law that civil partnerships will be equalised and that the breach with the convention will be rectified. It gives a clear cut-off date for the Government to get on and do it, and it would be effective before the end of next year. If this change goes through, a couple who have been looking to have a civil partnership rather than a marriage—for all the reasons we have debated at length—could make plans from the end of next year to make that a reality. Many people have waited years, and the Government have been on notice about this for years. This is now the time to end the delay.

Crucially, the new clause makes no prescription about the method, wording and reach of the legislative change that is required; that is entirely up to the Government. I know there are some technical matters still to be settled, and I do not want to dictate to them how we achieve that. That is why this is a very flexible amendment to what is a very flexible Bill.

I am afraid that the Government have had plenty of time. Back in the Second Reading debate on 2 February, the then Minister stated at the Dispatch Box about this Bill:

“There is a sense of urgency—very much so.”—[Official Report, 2 February 2018; Vol. 635, c. 1122.]

Yet, since that time, the Government have not been able to report on the progress of the review work that was announced then, and they did not do so in Committee in July either. Indeed, I gather that the Government Equalities Office was given the go-ahead to undertake much of the review work only in the past few weeks.

I remind the House that that is on the back of two full-blown reviews in the past few years of the whole subject of extending civil partnerships. This must be the most over-reviewed piece of legislation that this House has seen for some time. Why has it all moved so slowly, not least since the Supreme Court ruling that made it inevitable that the law would have to change—and change quickly? I pay tribute to the Equal Civil Partnerships campaign and to the now well over 130,000 people who have signed its petition for a change in the law. They are understandably growing impatient, and despite the Government’s announcement, they are sceptical in thinking that the legislative changes will be kicked into the long grass.

I gather that the Government plan to bring forward primary legislation in the next Session. That has been indicated in a written ministerial statement released only this morning—at the last moment. I am always rather sceptical of ministerial statements from the Dispatch Box or in written form at the eleventh hour. However, even if there is primary legislation in the next Session, it might be 2021 before a couple could actually take advantage of a civil partnership, and that is only if it is in the Queen’s Speech and survives the vagaries of the parliamentary timetable, which is likely to be under huge pressure during the next Session from potential emergency Brexit-related legislation.

I am afraid, however, that is just not good enough for me, for campaign supporters—including those with life-limiting conditions who are desperate to formulate a relationship while they can—or indeed for the Supreme Court. My Bill is the cleanest and quickest way to change the law, to satisfy the Supreme Court and, most importantly, to address a significant pent-up demand from couples who have waited for this change and the chance of equality for a long time. I cannot understand why the Government have not more proactively used my Bill as a vehicle for achieving that right from the start.

Ministers have put it around that the new clause is flawed and unworkable, but neither is true. I have discussed its wording and terms at length with Clerks of the House and lead officials from the Government Equalities Office, and because of flexibility in the wording of the Bill and new clause, the timetable can be achieved by using a truncated six-week review process. Indeed, the Scottish Parliament is currently undertaking its own review into the extension of civil partnerships, and I am sure that it would not mind if we just nicked that. A ready-made “one we made earlier” is on the table, and with a little tweaking it could go into the consultation process in a matter of weeks. A statutory instrument could then be designed in the new year, to be drafted by parliamentary counsel and put before Parliament ahead of the summer recess. I know that will be tight and demand a lot from officials—frankly, those officials would be better placed if they had been allowed to get on with the work when the writing was on the wall some time ago. However, it can be achieved in a way that enables the law to allow opposite-sex couples to enter a civil partnership before the end of 2019. That is what the new clause would do. The statutory instrument route gives greater flexibility on a subject which, frankly, we have debated almost to death. It is less vulnerable to the vagaries of the parliamentary timetable than primary legislation.

--- Later in debate ---

[Caroline Nokes]

This is a subject on which we conduct long conversations, reviews and consultation across the Government, and the fact that the review has started does not mean that it should stop, but we do want to conclude it. It is important to us to have those views.

The Government are keen to progress the review and to do so as quickly as possible. The planned consultation is not some sort of prevarication; it is a necessary step to help us to ensure that when we introduce legislation it is fit for purpose and does not slow down its parliamentary passage. Officials are already starting to identify all the matters on which we want to consult. I hope that we will soon be in a position to say more about our proposed timing for that consultation, but we wish to conduct it as soon as possible. I stress that the consultation will be about how we make the provisions to ensure that civil partnerships work as intended for opposite-sex couples, not about whether we intend to extend them in that way.

[Sandy Martin]

Will the Minister accept that it is not just about how; it is also about when? Given that there is a High Court ruling against her, she needs to move quickly.

[Caroline Nokes]

It is about how and we are proceeding. We are determined to do it. The hon. Gentleman is right to highlight the court judgment. [Interruption.] The hon. Member for Rhondda says we are doing nothing. In fact, the reality is very much that we are seeking to move forward on this as quickly as we can, but we do think that consultation is important.

However other people may view civil partnerships, our intention is clear. They are intended to have at least one thing in common with marriage: to be a formal bond between couples in a loving relationship. I do not wish to digress too much, but a couple of hon. Members raised this point. I am aware, however, that there are those in this place and the other place who wish to see civil partnerships extended to sibling couples. We do not consider that to be a suitable amendment to either my hon. Friend’s Bill or to a future Government Bill to extend civil partnerships. In the context of today’s debate, I merely note that the addition of substantive amendments on civil partnerships to my hon. Friend’s Bill would make it an easier target for amendments on siblings that would then wreck the Bill, and all its valuable provisions on marriage registration and pregnancy loss would be jeopardised. I note that there is already a Bill in the other place that proposes the extension of civil partnerships to sibling couples. We consider that that Bill, rather than this one, offers an appropriate opportunity to debate the merits of how cohabiting sibling couples should be protected in older age.

The amendment put forward today introduces a wide-ranging delegated power. This causes us concern for several reasons, as I mentioned earlier. We are not yet in a position to know precisely what will be required legislatively, which is why it would be too risky to take a power to change the law by secondary legislation when we are not yet able to explain how we intend to use that power.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Sandy Martin Excerpts

Ping Pong: House of Commons
Friday 15th March 2019 Commons Chamber

[Tim Loughton]

I know my hon. Friend is always vigilant, rather than suspicious. Having sat through many Committees over many years in this House arguing the toss over whether the word “may” should be replaced by the word “must”, I have to say that I am not concerned about the wording of the Bill. I have had many conversations with the Ministers responsible, and the Government are absolutely committed to delivering on the undertakings in this Bill. It had to be put together in such a way to give some leeway to Ministers to be able to produce the right legislation at the right time. That involved a degree of discretion, which I know my hon. Friend and others in both Houses were concerned about. A number of undertakings were therefore added to the Bill and were given orally, not least a sunset clause, so that this clause, which I know my hon. Friend has had concerns about in the past, could not be used for other purposes as something of a Trojan horse. I entirely appreciate his observation, but I do not share his concern that this will not actually be produced. I think it will be produced in a fairly short space of time. Goodness knows, we tried for long enough to get mothers’ names on marriage certificates.

[Sandy Martin (Ipswich) (Lab)]

Fairly shortly after being elected, I was approached by several opposite-sex couples who are determined to have a civil partnerships, and tens of thousands of people around the country would like to have such a civil partnership. Does the hon. Gentleman share my confidence that, were the Government to try to renege on it at this very late stage, such demand would be enough of an incentive to make sure the Secretary of State actually followed through on this?

[Tim Loughton]

As I will come on to say shortly, there have been some ups and downs with getting this Bill through. Back in October, on the civil partnerships clauses, the Prime Minister herself, in an article in the London Evening Standard, made it clear that Government policy was now firmly in favour of extending civil partnerships to opposite-sex couples. That was a clear undertaking, which was almost unanimously supported by Members of this House and very largely supported by Members of the other House. We have factored in the legislation in such a way that it can be brought in this year, which is really important and means it will also comply with the Supreme Court judgment. If there are people who have not entered into a civil partnership—presuming there are those who want it, and I know there are—before the end of this year, I shall be more than a little peeved, but I shall also be greatly surprised. That is not a problem I anticipate.

--- Later in debate ---

[Kevin Foster]

My hon. Friend is absolutely right to say that we need to get the message out there. Ironically, people think that it is somehow easier to be a common law wife or husband, when it is actually easier to be viewed as married in a religious sense than it is in the legal sense.

There is a story that I will not go into in too much because it involves the last week of my mother’s life, and there are difficult memories, but I will mention it briefly. My mum was in a hospice, and a little blessing service was held, at which Hazel and I were present. It was referred to in some of the coverage that our engagement ring was my mother’s ring, which she gave to Hazel that day. Had the priest run through the vows there that day, Hazel and I would have been a married couple in the Christian religious sense. Under the law, the marriage would not have had any legal status because we would not have complied with the terms of the Marriage Act 1949; we would not have posted banns, given notice or obtained a special licence. However, in a Christian sense, we would have been a married couple, had she run through the vows that day. People forget that it is easier to be viewed as married in a religious sense than it is in a legal sense. And, as my hon. Friend says, there is no such thing as a common law wife or husband in the legal sense.

[Sandy Martin]

Will the hon. Gentleman give way?

[Kevin Foster]

I will in just a moment.

My hon. Friend the Member for Banbury (Victoria Prentis) asks how we can get this message out there. We are doing it through debates such as these, but we are also creating an option for people who want to have a legal relationship but not necessarily a religious one. Agreeing with the Lords amendments today is certainly a good way of doing that, and we must ensure that, as the legislation is brought in, the Government conduct a clear information campaign to make people aware that this will be a partnership with legal status, rather than just living together and hoping that that will count.

[Sandy Martin]

The hon. Gentleman has just answered the question I was going to ask. However, does he agree that getting the message through to all the people who believe they have a common law marriage that they need to do something about it is possibly one of the most effective parts of what we are doing here today?

[Kevin Foster]

I thank the hon. Gentleman for his welcome intervention. I hope that that is indeed the case.

Some of this grows out of the time when it was very difficult to get divorced. It was expensive, and the legal system reflected a different era. This is about simplifying the options. It is also about same-sex couples. Sadly, for too many years they were denied the opportunity to have their relationships—often close, loving relationships that had lasted for many decades—recognised under the law, whereas an opposite-sex couple could quite easily get married purely for convenience or to avoid certain tax liabilities. We have rightly moved the law forward in that regard to give people options and opportunities. People now have a choice if they do not necessarily want to see themselves as married but want a form of legal recognition for their relationship.

Sadly, there have been too many cases over the past 30 or 40 years involving same-sex couples who have had a close and loving relationship, and when one of them passes away, the relatives have suddenly developed rather Victorian attitudes to such relationships when they realise that there might be a few quid in it for them. Those relatives often launch legal actions that the deceased partner would certainly not have wanted to see, because they would have wanted their property dealt with in a very different way. We must get the message across that there is something about being married or being in a civil partnership that gives people legal recognition and puts their status and wishes beyond doubt.