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

Debate between Victoria Atkins and Gareth Thomas

Committee Debate: House of Commons
Wednesday 18th July 2018 Public Bill Committees

[Victoria Atkins]

Civil partnerships were introduced in 2004 to enable same-sex couples to formalise their relationships, at a time when same-sex marriage was not available to them. Since then, we are proud to be the Government who introduced marriage for same-sex couples. At last, same-sex couples are able to celebrate their relationships in the same way that other couples have for centuries.

However, putting right this obvious inequality has meant that we now have a situation in England and Wales where same-sex couples can enter into either a marriage or a civil partnership while opposite-sex couples can only get married. Therefore, earlier this year we announced a plan of work to address that inequality, including a research programme which was to run until 2019, assessing the demand for, and impact of, the various options.

The recent Supreme Court judgment in the Steinfeld case, however, emphasises the need to address the issue. In response, my right hon. Friend the Minister for Women and Equalities recently announced that, in the interest of making good progress, we would bring forward elements of our research on the future of civil partnerships, with a view to concluding it later this year. We recognise the sensitive and personal issues involved in the Steinfeld case, and we acknowledge—as the Supreme Court does—the genuine convictions of the couple involved and those who have campaigned alongside them.

Clause two, as amended, will place a duty on the Government to prepare and present before Parliament a report setting out how the law on civil partnerships should change and how we plan to achieve that. It will also ensure that the voice of those affected is taken into account during the decision-making process, by providing for a public consultation.

[Gareth Thomas]

Does the Minister expect the report to cover Northern Ireland?

[Victoria Atkins]

I am extremely grateful to the hon. Gentleman for his intervention. He knows that the Civil Partnership Act 2004 covers both Scotland and Northern Ireland, but both civil partnership and marriage are devolved matters. It would, therefore, be up to the relevant Administrations in Scotland and Northern Ireland as to how civil partnership and marriage should be regulated and administered, just as it was their decision to be included in the 2004 Act. He also knows the particular issues in Northern Ireland at the moment, and the Government do not feel that this private Member’s Bill is the place to resolve those issues. It has to be a matter for the Northern Ireland Assembly and I am sure that he will join me in wishing that it will reconfigure as soon as possible.

To return to the issue of progress, much work has already been done and we were very much spurred on by the Bill’s Second Reading, but of course even more urgency has been added by the Supreme Court judgment. The Government proposed to conduct four research measures. The reason the original deadline was 2019 was that there was going to be five years’ worth of research on the numbers of marriages and civil partnerships. We now propose to bring forward that deadline, so there will be four years of research instead of five.

We have also started the Office for National Statistics lifestyle survey—that is happening now—to calculate the projected number of opposite-sex couples who would wish to enter into civil partnerships. The third strand of research in on how other countries have dealt with civil partnerships and marriages, as my hon. Friend the Member for East Worthing and Shoreham has set out. The fourth category is a qualitative survey of same-sex couples in civil partnerships, because we are very conscious of the need to tread carefully for those couples who are already in civil partnerships.

That was all wrapped up in the Command Paper, which was presented in May. As the Secretary of State has said, the clause will shorten the research programme so that it can report to Parliament with urgency, and we will include a public consultation so that members of the public can also contribute their views.

My hon. Friend urged on me that this private Member’s Bill should be the vehicle to drive forward civil partnerships. He makes a very important point. We know we need to move quickly. At the moment, the Bill is the immediate vehicle to do that, but we are also considering other options and we want to reach a conclusion that creates equality as soon as is viable. We acknowledged, even in advance of the Supreme Court judgment, that the law needs to change, so a great deal of work is being done and the Bill will help with that.

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[Victoria Atkins]

I regret that I cannot offer such assistance at the moment. I feel a sense of impatience with many parts of my ministerial portfolio but, as the hon. Gentleman knows, the Government have to act on evidence: we have to commit to a public consultation and review the evidence. As I have said, we are working closely on the issue. I hope my hon. Friend the Member for East Worthing and Shoreham agrees with him on shortening the length of our research programme. We must ensure that we observe the Supreme Court guidance in the important Steinfeld case and that we follow not only the letter but the spirit of the law. I am delighted that the Bill provides us with a platform not only to report to Parliament, but to give the public the opportunity to give their thoughts on how the legislation should develop.

[Gareth Thomas]

Prior to tabling new clause 1, what discussions did the Minister have with Ministers in Scotland and those who previously served as Ministers in the Northern Ireland Assembly?

[Victoria Atkins]

I am just looking for guidance. I personally have not had discussions. The hon. Gentleman will appreciate that there is no Assembly at the moment in Northern Ireland, so it is difficult to have discussions with an organisation that does not currently exist. He might be aware of recent litigation in Northern Ireland that questioned the way in which the Government have tried to deal with the conundrum of the Northern Ireland Assembly and how its absence has caused delays in other fields of legislation. There has been a lot of toing and froing on how that will progress.

I am conscious that I have not addressed in detail amendments (a), (b) and (c), which were tabled by the hon. Gentleman. I seek guidance on the procedure.

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[Gareth Thomas]

For the avoidance of doubt, when the Minister sits down I shall speak to the amendments and then I will be delighted to hear her response.

[Victoria Atkins]

I thank the hon. Gentleman. Procedure is confounding us all on this hot summer’s afternoon. In response to his earlier intervention, I am told that Scotland has conducted its own consultation, as one would expect given that it is a devolved matter. Indeed, it was quick to move on civil partnerships and same-sex marriage. I hope that addresses his point. Given that he is going to speak to his own amendments, I am delighted to accept new clause 1 and look forward to further discussions.

[Gareth Thomas]

As a near neighbour it is a particular privilege for me to serve under your chairmanship, Mr Sharma. It was a weak and vulnerable moment when I agreed to support the amendments tabled by my hon. Friend the Member for St Helens North (Conor McGinn), knowing that he would not be here. I say that because, as all hon. Members will be aware, on 28 March he made an impassioned speech promoting his private Member’s Bill to make provision for the marriage of same-sex couples in Northern Ireland and to end an inequality with which we are all familiar and which I suspect, although I do not know for certain, all Committee members want to see an end to as a matter of urgency.

I am, therefore, slightly disappointed by the Minister’s response. She rightly alluded to the very difficult situation in Northern Ireland, but as my hon. Friend asked in March, why should the fact that the Northern Ireland Assembly is suspended mean that same-sex couples in Northern Ireland who want to get married are denied that right? New clause 1, in which the Minister has agreed to ensure that the Secretary of State prepares a report, seems to be an opportunity to make progress.

Most political parties in Northern Ireland already support same-sex marriage, and a broad coalition is already very active in campaigning on this issue. Opinion polls in Northern Ireland continue to demonstrate considerable support for allowing same-sex marriage, so I struggle to see why the Secretary of State cannot seek to advance the case for change in Northern Ireland through the report. Why, for example, cannot the Secretary of State and the Home Secretary not consult political parties in Northern Ireland? Why cannot they ensure that there is a consultation with other civil society organisations to continue the process of building support for change? Why cannot the Government commit to saying what they will do if it becomes clear—although we all hope that this will not be the case—that the Northern Ireland Assembly will not be re-established?

I support the report as it stands, as it will make progress in England and Wales, but it represents a missed opportunity for making progress in Northern Ireland. I hope the Minister will reflect on the opportunity that new clause 1 and the report represent in moving forward the agenda in Northern Ireland for same-sex marriage.

[Andy Slaughter]

I fully support the amendments in the name of my hon. Friend the Member for St Helens North, and I am particularly persuaded by the eloquent speech by my hon. Friend the Member for Harrow West.

I will briefly address the new clause. I pay huge tribute to the way in which the hon. Member for East Worthing and Shoreham has pursued this issue through the many avenues available to us. He has put together the pieces of the jigsaw such that we now have very powerful arguments for this substantial change to legislation, which will enable millions of people across the country to enter into legally binding and protected arrangements, and which will be very good for them and the security of their families. On those grounds alone, the Government should support it.

As the right hon. Member for Orkney and Shetland has said, this anomaly should not have occurred in the first place. We heard from the Minister about the good progress that the Government have made—gradually at first, but now at an accelerated rate. The final piece of the jigsaw should be the Supreme Court judgment. I attended when it was handed down, in part because my constituents Rebecca Steinfeld and Charles Keidan doggedly pursued their case despite the difficulty—and let us not underestimate this—of the four-year process of going through every higher court and getting first of all a knock-back, then a partial encouragement, and then a unanimous decision by the Supreme Court. That decision said to the Government, in judicial language—I have not seen this in a judgment before—“Can you please get a move on here and hurry up?” I think that message has got through to the Minister.

Putting the jigsaw together has been a painstaking process. The pressure is on the Government now, with all the indications given, hopes raised and options ruled out. A consultation is now under way and there must be mechanism—of which the Bill is an important part but not the end—to put the measure into law.

The law will be changed at some point to allow opposite-sex civil partnerships. However long overdue that unfinished business is, we must welcome it. This is an important stage of the process, where the Government have a chance to set out their intentions at length, so it would be helpful if the Minister could set out, as far as possible, the mechanism and timescale involved. Every possible encouragement has been given by the House, the Supreme Court and the public at large, who are hugely supportive. As we have heard, this is a matter of some urgency for some families.

I congratulate all those involved in the process. It has been a good example of successful joint working across many institutions and bodies. We just want the Minister to explain where we go next.

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[Victoria Atkins]

I shall speed through, in view of the time. I assure the Committee that the Government agree completely that there is a need to look at the role coroners could play in investigating stillbirths. A great deal is already being done. For example, improvements are already under way in the NHS, including the newly-established Healthcare Safety Investigation Branch, which investigates full-term intrapartum stillbirths, neonatal and maternal deaths, and severe brain injuries that occur during labour. The improvements meet the Royal College of Obstetricians and Gynaecologists criteria for the Each Baby Counts programme. However, we agree that we should look at how coroners may add to that learning and to prevention of stillbirths in the future.

The Government have already committed to looking into the question of coroners investigating full-term stillbirths and support the requirement in the clause that a report is prepared before we make any changes. There are important and sensitive issues to explore, including what powers a coroner should have to undertake any investigation such as the ordering of post-mortems and when any duty to investigate should apply. We also need to consider how we can maximise the learning from each coroner’s investigation.

Our concern is that amendment 17 would prejudge the findings of the report and the discussions that the Government are having with the many stakeholders in this area. We would not be able to look at whether there should be a role for coroners; it rather assumes that there should be one. We submit respectfully that that is not the correct approach. While many bereaved parents who may have had difficult experiences will want a coroner to carry out an investigation into stillbirths, we need to consider alternative experiences. Some parents may find the formal coronial process too distressing—it may be too much for them on top of the investigation the NHS would carry out—and they may want the official processes to be over so they can find the wherewithal to deal with their grief. They may not want to go through an additional official process before they begin to mourn.

On amendment 18, while the Government agree that we should move quickly, we must not be constrained in time to reach the right conclusions, which are what every member of the Committee is concerned to achieve. It is important that the report is thorough and all views are considered carefully. We want to explore in detail whether and in what circumstances a coroner may investigate stillbirths, and that will take some time. We are not dragging our feet. We have already begun the review on which my hon. Friend the Member for East Worthing and Shoreham has given some details. That demonstrates our commitment to making progress as quickly as possible and, if change should be made, to make it in a timely manner. While I cannot commit to timescales, I consider that good progress is being made.

Officials have already engaged with a number of stakeholders, including bereaved parents, the Chief Coroner and senior coroners, medical professional bodies and organisations involved in research and support to those who have experienced stillbirth. I thank all those who have given their time for that. Once the report has been published, clause 4 will provide the Lord Chancellor with a power to amend part 1 of the 2009 Act to enable or require coroners to conduct investigations into stillbirths. The Government support the clause and invite the hon. Member for Harrow West to withdraw his amendment.

[Gareth Thomas]

As I said in my opening remarks, these are probing amendments. I hope that before we get to Report the Minister might be willing to brief my hon. Friend the Member for Nottingham South on the progress of the review and where the Government’s initial thinking is on that. That would be helpful and would give confidence to the hon. Member for East Worthing and Shoreham that the Opposition, who support my hon. Friend’s work in this area, would not want to delay the Bill further.

[Victoria Atkins]

I am happy to make that commitment.

[Gareth Thomas]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.