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

John Bercow Excerpts

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

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

I beg to move, That this House agrees with Lords amendment 1.

[Mr Speaker]

Said with alacrity and buoyancy. With this it will be convenient to take Lords amendments 2 to 6.

[Tim Loughton]

First, I echo the comments made by you, Mr Speaker, and all other Members on the senseless and brutal murder in New Zealand. New Zealand might be one of the furthest countries from the United Kingdom, but at times like this we stand shoulder to shoulder with our close cousins in all communities in New Zealand and express our sincere condolences and sympathy after this terrible tragedy.

Said with alacrity indeed, Mr Speaker, because today is quite an exciting day. In fact, it is so exciting that I got halfway to my office in the Commons this morning before I realised that I had non-matching jacket and trousers on and had to return. I have quite a nice tie on, and I am taking it personally that I was not singled out for such an accolade, too.

[Mr Speaker]

It is an admirable tie.

[Tim Loughton]

Thank you so much, Mr Speaker. Having made the journey back home, I eventually got to my office to realise that I had left my mobile phone in my jacket that I had taken off, so things can only get better today.

We have before us technical amendments. The Bill has had a long journey. It had its First Reading on 19 July 2017—those heady days when we had a relatively stable Government and could get legislation through the House. Today is a culmination of that, with ping-pong, which I hope will be solely ping and leave no pong.

Members will remember that when my Bill left the Commons last year, it contained my last-minute amendment obliging the Government to bring in the legislation on civil partnerships within six months of the Bill achieving Royal Assent. Curiously, although the Government at that time were not supportive of it, when it came to the possibility of a vote, a rather curious new parliamentary term was coined by the Immigration Minister, who said that the Government were not “actively” opposing my amendment. Hopefully that has now transmogrified into the Government supporting it.

While the wording of clause 2 has changed since the Bill left this House, I want to assure Members that the intention of the clause—to create equality between same and opposite-sex couples in their ability to form a civil relationship—remains. I amended my Bill on Report, before it left this House, to give the Government the ability to extend civil partnerships to opposite-sex couples, rather than just review the possibility of an extension. The Government, although slightly belatedly, came to support the principle of opposite-sex civil partnerships, perhaps spurred on by the Supreme Court judgment in a case last June. I accept that there were technical deficiencies in the drafting of my original amendment.

Since then, I have worked with the Government and the noble Baroness Hodgson of Abinger, to whom I pay great tribute. She guided the Bill through the Lords as a private Member’s Bill virgin, as she described herself, but did so skilfully and with great deftness, steering it on an even course so that it is back here with us today. Baroness Hodgson was able to correct those deficiencies and improve the drafting of the Bill. She then tabled and successfully moved the revised clause 2 and related changes in Committee in the other place, despite some rather indulgent attempts by certain peers in the other place to add their own agendas to the Bill, which were, alas, defective and would have had the result of scuppering the whole Bill. I pay tribute to the way that Baroness Hodgson steered those through potentially choppy waters to avoid the Bill being holed below the water line.

Lords amendments 1 and 2 replace my earlier version of clause 2. The new clause now requires the Secretary of State to amend by regulations the eligibility criteria of the Civil Partnership Act 2004 so that two people who are not of the same sex may form a civil partnership. The Bill requires that these changes be made so as to come in no later than 31 December. That will mean, as we have agreed with Ministers in the other place, that the legislation needs to be in place by 2 December, because notification of a clear 28 days is required before a ceremony can actually take place. There was an undertaking that civil partnerships would be available before the end of 2019, and I look forward to a series of invitations to civil partnership ceremonies on new year’s eve.

--- Later in debate ---

[Tim Loughton]

Again, that is a good point. As the law is framed at the moment, they would not qualify. Some generous schemes might recognise that there was a dependent relationship, but those issues need to be looked at in greater detail, with the wisdom and scrutiny of officials and Ministers from the Treasury and the Department for Work and Pensions. I would certainly suggest that the Government, or any other Member whose name comes up in the private Member’s Bill ballot, look at the issue separately. Private Members’ Bills cannot be used for financial matters, so there might be a problem there, and that is why this Bill would not be the most appropriate vehicle to deal with it.

Hundreds and hundreds of mothers and fathers of potential civil partners have written to me and other hon. Members in support of the Bill on its long journey. There have been some heart-rending accounts, particularly from those who have suffered the trauma of stillbirth. I have to say that at times the progress of the Bill has been in spite of the Government, rather than with their support, although I think they have come to realise that the Bill always was the best and the speediest vehicle to deliver civil partnerships and marriage certification with mothers included, especially after many abortive attempts.

If I could just single out one Minister it would be the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar). He wanted to be here today. He has a lot of skin in the game with many of the issues in the Bill that he has championed in this House. He has gone above and beyond. He stepped in to bash heads together in Departments to find a way through and he has done a lot of work within his own Department on preparing for the power to go to coroners to investigate stillbirths. When the Bill becomes law, I think there will be a short space of time before it is put into effect. I pay particular tribute to him and give him my thanks for all the help he has given in some uncertain waters that we have charted on the Bill’s journey.

Lastly, I would like to thank the officials. A number of officials have also suffered sleepless nights. They have pulled their hair out and sent me emails at some very antisocial hours as they battled to ensure we got this through the Lords in particular. It is invidious to single them out, but if I could just mention Ben Burgess in the House of Lords, whose quiet but skilful diplomacy in convincing certain Members of their lordships’ House that less is more kept the Bill on an even keel. I would also like to mention the redoubtable Linda Edwards from the Home Office, whose combination of energy, cajoling, diplomacy and forthrightness has been the absolute making of the Bill. I am convinced that without her guiding it through as the lead official in her role in the Home Office, we would not be where we are today. I pay tribute to them.

It has been a long journey. I first raised this issue in 2013 via an amendment on civil partnerships during the passage of the Marriage (Same Sex Couples) Bill. It would have prevented an awful lot of angst if at that stage the Government had agreed to full equality by agreeing to amendments, which were supported by many Members on both sides of the House, to bring about equal civil partnerships for opposite-sex couples. The genesis of the Bill is even longer than Brexit, but unlike with Brexit today we will have closure and a reason to celebrate.

[Mr Speaker]

I am extremely grateful to the hon. Gentleman—in fact, now probably right hon. Gentleman.

[Tim Loughton]

I very much doubt it.

[Mr Speaker]

Well, if he isn’t, he jolly well ought to be. I feel sure that it is only a matter of time.

--- Later in debate ---

[Kevin Foster]

Yes, absolutely. There may well be a case for having a publicity campaign to advise people of the details of the legislation and to ensure that they are aware of the option it gives them to become a statute law partner rather than a common law partner. This would apply to people who are in a long-term relationship, and who have perhaps bought a property together, but who do not want to get married. As the hon. Member for Ipswich (Sandy Martin) said, relatives are often very supportive of such relationships until they discover an old legal case that might give them the chance to get some money after one of the partners has died. I hope that the Government will look at what information can be made available. This could also apply to venues that have in the past advised that they could accommodate only civil marriages. Perhaps they could now also offer civil partnerships to opposite-sex couples looking to be joined together. I hope that the Government will look at how these matters could sensibly be promoted.

The Lords amendment is welcome, particularly because it gives the opportunity to convert a civil partnership into a marriage. I do not think that that will be an issue for the Bill. I am also pleased that the Lords resisted the temptation to table amendments relating to the role of the clergy. As the hon. Member for East Worthing and Shoreham said, it would have taken the Bill in an unwelcome direction and perhaps endangered its passage through this House if we had had to send it back to the Lords just to deal with such an amendment. It is unlikely that such an amendment would have received the support of a majority of Members in this House. We made it clear when the provisions relating to same-sex marriage came in that there would be a protection there. I sometimes debate whether there really needs to be a complete ban on one particular religious group, in relation to same-sex marriages on Church of England premises. Perhaps in future years we might look at providing a choice, but I accept that this was about giving reassurance and a firm commitment on choices relating to religious rights and opportunities.

I shall bring my remarks to a close in time for the minute’s silence that we will all wish to participate in. I noted the point about siblings with a close relationship who live together, but I do not think that this is the time to legislate for that. That relates more to financial matters than to loving relationships, and it might be confusing to legislate for it here. We have made it very clear that civil partnership is similar to marriage in its legal effect. For good reason, we also have criminal offences—for example, relating to people being married to two people at the same time. Again, extending the law into this area would create confusion and we might have to ask whether we should exempt that. I understand the points that have been made on these matters, but as I said to the hon. Member for Ipswich, I think we need to consider how we would deal with them via the tax system.

The Bill is long overdue, and very welcome. I was genuinely saddened that I could not put my mother’s name on my marriage certificate, but this legislation will allow me to do that. I urge the House to concur with the Lords in their amendment.

[Mr Speaker]

Order. I am extremely grateful to the hon. Gentleman. As I announced earlier, and it was supported by colleagues across the House, I propose that we hold a minute’s silence at 11 am. That silence will be held in respectful memory of the 49 people who perished in the terrorist outrage in Christchurch, New Zealand, in respectful memory of those who were injured as a result of those atrocious acts, and in solidarity with Muslims in New Zealand and throughout the world. This barbarity, this evil, this depravity will not prevail. We will stand up to it, and it will be defeated.

The House observed a minute’s silence.

[Mr Speaker]

I thank colleagues and everybody attending our proceedings today for that demonstration of support and solidarity. As I indicated earlier, I will write to my opposite number in New Zealand conveying the sympathies and the sense of outrage felt in this House. Nothing will bring back those who have perished; I hope simply that what we have said and done today will offer some modest succour to those who are having to live with the daily reminder of the evil that has been perpetrated. Wherever we are and whatever our ethnicity or faith, by virtue simply of our common humanity we resolve, because we can do no other, that this sort of behaviour will not be tolerated or go unpunished. It will never prevail for it is, in simple terms, fascist conduct. Wherever they are in the world, people who think that “might is right”—that if you are bestial enough, you will get your own way—will have to be disabused of that notion. It will not happen.

[Neil O’Brien]

I start by agreeing with your extremely wise words on the evil that was done in New Zealand, Mr Speaker. I also send my thoughts to my constituents at Oadby mosque as they gather for their Friday prayers. I want them to know that they should not be afraid and that we will always protect them. The evil done in New Zealand will not be allowed to happen here, and the ideas that it represents will not prevail in this country. I was recently at Oadby mosque for Visit My Mosque Day, learning things such as how my name is written in Arabic. It was wonderful to see everyone, and the thought that someone on the other side of the world could inflict an act of such wickedness on people just like them going about their daily basis is abhorrent.

I rise to speak with some trepidation, because this Bill does two wonderful things—some of the best things that we will do in this Session—but it also does one thing that I do not agree with. I will say why I do not agree with it, but I am somewhat cautious because I am surrounded in this place by good friends and great fountains of wisdom who take a different view.

First, starting with the things that I do agree with, the inclusion of mothers’ names on marriage certificates is a wonderful improvement. When I got married up in Northumberland in the wilds of College Valley, I was amazed that we were unable to put my mother’s name on the certificate. It seemed implausible that that should still be the case, and the unbelievably powerful speech from my hon. Friend the Member for Solihull (Julian Knight) underlined why that reform is so important.

Secondly, the opportunity to commemorate the life of unborn children is another hugely important reform that will offer some closure to a large number of people. I congratulate my hon. Friends the Members for Banbury (Victoria Prentis) and for Colchester (Will Quince) on their work raising the issue of baby loss in this House. They have been tireless champions, and this Bill from my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) is another step towards achieving an important objective. Someone may not realise how often this happens until it happens to them; they then find out that other people have had similar experiences.