Civil Partnership Act 2004 (Amendment) Bill

Debate between Tim Loughton and David Nuttall

2nd reading: House of Commons
Friday 13th January 2017 Commons Chamber

[Tim Loughton]

That is right, and I will come on to explain precisely why the Bill is needed.

I have described the inequality, but some people may say, “Well, so what?” Opposite-sex couples have always been able to get married in a church or a register office —or even, now, in medieval castles, on exotic beaches, or, increasingly, wherever else takes their fancy. The problem is that a great many of these couples choose not to go down that traditional marriage route.

The Office for National Statistics estimates that there are just under 3 million cohabiting opposite-sex couples in this country—almost double the figure reported some 15 years earlier—of whom over a third, about 38%, have children. Indeed, cohabitation is the fastest growing form of family in the UK. We need to recognise that our society is changing, just as we did when recognising same-sex partnerships in law back in 2004. That was the right thing to do, and I enthusiastically supported it at the time. It was a glaring inequality and injustice that until then loving same-sex couples were not recognised in the eyes of the state and enjoyed no protections under the law. That anomaly was rightly addressed by this House back in 2004, and I was proud to be part of that.

People choose not to get involved in the paraphernalia of formal marriage for a variety of reasons. It is seen as too much of an establishment thing to do. For many, it is identified as an innately religious institution; even if done in a register office, it has religious connotations. Some see it as having a patriarchal side—as being some form of social control and not a proper partnership. Those are not my own views, necessarily, but they are certainly how many people see it. There are a whole lot of complex motives as to why many of our constituents do not go down the formal marriage route. They are mostly still in committed, loving relationships, but if they do not want to go for traditional marriage, they have no way of having those relationships recognised in the eyes of the state, just as was the case for same-sex couples pre-2004.

[Mr David Nuttall (Bury North) (Con)]

Can my hon. Friend think of any reason why all those who supported the same-sex marriage legislation would not want to support his Bill?

[Tim Loughton]

Absolutely not. At the time, my proposal, which I set out in an amendment, was the policy of the Labour party and the Liberal Democrats, and supported by a good many Conservative Members, but for various reasons people voted against it. The logic is that of course we would want to address this inequality.

There are also various practical reasons for doing this. Particularly worrying is the common misconception that there is such a thing as a common-law wife or common-law husband, as a woman typically finds out abruptly on the death of a partner when there is an inheritance tax bill on the estate and potentially on the family home.