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

Debate between Tim Loughton and Maggie Throup

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

[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.

[Maggie Throup (Erewash) (Con)]

Has my hon. Friend considered civil partnerships when the relationship is platonic, such as between siblings who live together, and how to protect their future?

[Tim Loughton]

My hon. Friend makes a fair point that has been raised several times. Indeed, an amendment to the Civil Partnership Act 2004 has been tabled in the other place to that effect. I have some sympathy with those changes, but for me they are largely a matter of taxation and an issue for the Treasury, because they mainly concern inheritance tax and other tax matters. My Bill is a social family Bill, and one reason for it is an attempt to cement family units and create greater stability for children—recognising a partnership in law, with all the protections that goes with that, is a good fillip for family stability. The point raised by my hon. Friend is a separate and largely financial issue, and I would be sympathetic to separate legislation that will not mess up my Bill but will address that point elsewhere.