Marriage Registration Certificates

Sarah Champion Excerpts

Tuesday 8th December 2015 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship for the first time, Mr Brady.

I, too, start by congratulating the right hon. Member for Meriden (Mrs Spelman) on securing this important debate, and I take heart at her repeated emphasis of the fact that she wants to work collaboratively. I agree with her. The debate has shown that there is cross-party agreement and support, but we need to consider how to make the legislation reflect the intention. I urge the right hon. Lady to work collaboratively with my hon. Friend the Member for Neath (Christina Rees) because we have the prime opportunity of the Second Reading of her Bill coming up on 22 January.

It was interesting that the right hon. Member for Meriden elaborated on the practitioner’s view and on some of the practical problems. I appreciate that she was looking to move the debate forward from the gender point, but as that is where we are at the moment I will stick with it as the theme.

The current system of marriage registration asks for the names and occupations of the fathers of the bride and groom, but not those of the mothers and, as my hon. Friend the Member for Caerphilly (Wayne David) stated, it has been Labour policy to end that unacceptable inequality since 2002. The then Labour Government released a White Paper proposing wide-ranging reforms to marriage registration, including the adding of mothers’ names to certificates. That is still our position today, and I want to set out why it is so important that the reform is finally implemented.

Inequality in marriage certificate details is a 19th-century anachronism, as our marriage registration is still based on the 1836 marriage registry system. That is a slightly different date to the one that the right hon. Member for Meriden gave, but I take heed. It goes without saying that marriage today is very different from what it was then—whether it was 1836 or 1837. I think we can all agree that society has changed for the better: women are no longer forced to hand over their property to their husbands; divorce is no longer the exclusive preserve of men; and women are no longer forced to surrender their right to consent, or not consent, to sex with their partners. In short, the past 200 years has seen great emancipation for married women and some of the grossest gender inequalities within marriage have been eliminated.

Ultimately, the current system of marriage certification is a symbol of another unseemly aspect of the 19th-century idea of marriage. Marriage then was considered to be a transactional, and indeed a financial, relationship between the father of the bride and the father of the groom. That is why, historically, the fathers’ names appear on the certificate. That is as outdated as the dowry. Thankfully, we no longer see marriage in transactional terms, although, as the hon. Member for Glasgow North East (Anne McLaughlin) said, the language of fathers giving their daughters away is still around. Marriage in the 21st century is a choice that both partners freely make to spend their lives together, with both partners equal in the relationship, and it is important that our marriage certificates reflect what we now think marriage is about, rather than the misogynistic morality of the 19th century.

I ask the Minister to consider a specific issue that highlights some of the problems we have. Unfortunately, the current marriage certification system can encourage the use of the divisive and judgmental language of Victorian morality. On the Government’s Passport Office website, in the section explaining the details of various legal documents, there is an annotated picture of a standard marriage certificate. The box about the father states:

“These details are vital for checking you have the right certificate. No name would suggest illegitimacy.”

It is not appropriate for a Government publication to describe a family without a father as illegitimate, and I hope that the Minister will look at that.

A person’s wedding day is one of the most important days of their life, and sharing the moment with their entire family is one of the things that makes it so special. A lot of brides and grooms are surprised, and disappointed, when they find out that the marriage certificate they sign, at what can be a really special moment in a wedding, does not include their mothers’ details. I pay tribute to my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq), the hon. Member for Solihull (Julian Knight) and my hon. Friend the Member for Neath who beautifully and powerfully spoke about how the blocking of the most important person in their life—their mum—on their big day affected them. I also pay tribute to the mums, for all they have done—and to their hats. We have to work together to get rid of the inequality.

The situation is particularly hard for brides and grooms who have primarily been brought up by single mums. Their guardians and most important loved ones are arbitrarily excluded from an important moment of the wedding, and the signing of the certificate can act as a reminder of absent fathers—some Members have spoken of the kind of father people do not want to remember on their big day—and that just cannot be right.

When I was researching my speech, I came across a moving testimony that made exactly that point. A young woman who signed a petition to Parliament on the issue wrote on the petition website:

“I have just got engaged, and having been brought up by a single mum I am devastated to learn that this outdated practice is still a requirement of marriage. 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.”

The current system is letting down that young woman badly. As has been said, the issue affects millions of people, as one in four children are now brought up by single parents.

Changing marriage certificates should not be a difficult reform to achieve. As the hon. Member for Banbury (Victoria Prentis) pointed out, the mother’s name, surname and occupation are already included on civil partnership certification, and on marriage certificates in Northern Ireland and Scotland. The reform to marriage certification in England and Wales is long overdue.

In August 2014 the Prime Minister promised to address the matter about the certificates:

“At the moment, they require details of the couples’ fathers, but not their mothers. This clearly doesn’t reflect modern Britain - and it’s high time the system was updated.”

I could not agree more with what the Prime Minister said then—18 months ago—but it is now more a year later, and we are still waiting. The Immigration Minister—I googled him; he is the right hon. Member for Old Bexley and Sidcup (James Brokenshire)—stated in January that the Government are

“continuing to develop the options that will allow mothers’ names to be recorded on marriage certificates as soon as practicable.”

I hope the Minister puts me in the right place on this, but it appears that no progress has been made over the course of the year, which is disappointing to say the least.

In the absence of Government action, it has fallen on Back Benchers to take the initiative. Early-day motion 446 was tabled in September this year by the hon. Member for Brighton, Pavilion (Caroline Lucas), and it expressed many of the sentiments that we have heard today. Members from all major parties have signed the motion. I pay tribute to my hon. Friend the Member for Neath, who currently has a private Member’s Bill before Parliament that would deal with the issue legislatively. Members from across the House have supported that Bill. Second Reading is scheduled for 22 January 2016, and I hope the Bill will move forward to Committee. It will certainly have the full support of Opposition Front Benchers.

As important as Back-Bench initiatives are, we all know they need Government support and backing if they are to bring about the necessary change in the law. My hon. Friend’s Bill will need proper parliamentary time to make progress, and I urge the Minister to facilitate that. He has indicated that implementing changes to marriage registration is also likely to require a new IT system, as we rely on a paper-based model. If the Government seriously back reform, the Home Office needs to show that it is willing to provide those resources, or at least to consider whether changes can be made to the paper-based system without having to implement a new IT system. Also, the Government have access to experts in legal drafting, who should support Back Benchers with any technical issues that need to be cleared up.

If the Government do not offer serious support, it will be just another issue on which they are willing to talk about supporting equality, but are not willing to take the necessary action to bring it about. Unfortunately, thus far all we have seen is delay and warm words from the Home Office. All the people who feel excluded by the current marriage registration process deserve better than that, and I hope the Minister will give them reassurance.