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

Committee

Clause 1 agreed.

Amendment 1

1: After Clause 1, insert the following new Clause— “Extension of civil partnership (1) The Secretary of State may, by regulations, amend the Civil Partnership Act 2004 so that two persons who are not of the same sex are eligible to form a civil partnership in England and Wales (provided that they would be eligible to do so apart from the question of sex).(2) The Secretary of State must exercise that power so that such regulations are in force no later than 31 December 2019.(3) The Secretary of State may, by regulations, make any other provision that appears to the Secretary of State to be appropriate in view of the extension of eligibility to form civil partnerships in England and Wales to couples who are not of the same sex.(4) Regulations under subsection (3) may, in particular, make provision about— (a) parenthood and parental responsibility of parties to a civil partnership;(b) the application by a party to a civil partnership for a gender recognition certificate under the Gender Recognition Act 2004, or the issuing of such a certificate, and the consequences of that application or issuing for the civil partnership;(c) the financial consequences of civil partnership (for example, in relation to pensions or social security);(d) the treatment under the law of England and Wales as civil partnerships of similar relationships formed outside the United Kingdom.(5) The Secretary of State may, by regulations, make provision—(a) for and in connection with a right to convert a marriage into a civil partnership (including any provision equivalent or similar to that contained in or authorised by section 9 of the Marriage (Same Sex Couples) Act 2013);(b) restricting or bringing to an end—(i) the right to convert a civil partnership into a marriage conferred by section 9(1) or (2) of the Marriage (Same Sex Couples) Act 2013 (including as it applies or would apply by virtue of regulations under this section);(ii) any right conferred under paragraph (a).(6) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.(7) The Secretary of State may, by regulations, make any provision that the Secretary of State considers appropriate in order to protect the ability to act in accordance with religious belief in relation to civil partnership (including the conversion of civil partnership into marriage and vice versa).(8) Regulations under subsection (3), (5) or (7) may include provision amending, repealing or revoking primary legislation passed or made before the end of the Session in which this Act is passed.(9) In this section—(a) reference to forming a civil partnership in England and Wales includes reference to registering as civil partners outside the United Kingdom by virtue of eligibility to do so in England and Wales (in accordance with section 210(2)(b) or 211(2)(b) of the Civil Partnership Act 2004);(b) “primary legislation” means—(i) an Act of Parliament;(ii) an Act or Measure of the National Assembly for Wales;(iii) a Measure of the Church Assembly or of the General Synod of the Church of England.”

My Lords, as I indicated at Second Reading, Amendments 1, 4, 5, 6 and 7, which stand in my name, seek to replace the current Clause 2 and make consequential changes to the drafting of the Bill. In replacing Clause 2, I must highlight that we do not wish to change the intention of the clause. Rather, we want to clarify the power in order to use the Bill to deliver a comprehensive and effective opposite-sex civil partnerships regime.

Following the introduction of same-sex marriage in 2013, we were left with a situation in which same-sex couples could either marry or form a civil partnership but opposite-sex couples could only marry. I outlined at Second Reading the various reasons why a couple may desire to choose a civil partnership over a marriage. Suffice to say that many people who would like the protections and provisions that a formalised relationship can bring do not feel that marriage is for them.

When Tim Loughton and I introduced this Bill in the other place and in this House respectively, we did so with the intention that it would be used to equalise access to civil partnerships between same-sex and other couples, and thus put right the post-same-sex marriage unfairness to which I have just referred. We were delighted in October last year when the Prime Minister announced that it was now the Government’s intention to extend civil partnerships to opposite-sex couples.

Subsequently, Tim Loughton successfully moved an amendment on Report in the other place that stands as the current Clause 2 of the Bill. The intention of the current Clause 2 is to enable the Secretary of State by regulations to equalise access to civil partnerships between same-sex and opposite-sex couples. We accept that the current clause is not adequately drafted. The Minister outlined her concerns about the drafting during her response on Report, highlighting the fact that the clause would not enable us to deliver a robust opposite-sex civil partnerships regime and the lack of detail in the regulation-making power.

The new clause would also provide for other necessary amendments to be made by regulation. Subsection (4) outlines the areas about which the regulations may make particular provision, arising from the fact that the existing regime was designed with same-sex couples in mind. They include: matters relating to parenthood and parental responsibility; the financial consequences of civil partnership, which include pensions and survivor benefits; and the recognition of equivalent opposite-sex civil partnerships entered into overseas as civil partnerships in England and Wales.

Subsection (5) would enable the Secretary of State to make regulations governing conversion rights. These rights may include the right to convert a marriage into an opposite-sex civil partnership. The regulations may also provide for any new right to convert a marriage, or the existing right to convert a civil partnership into a marriage, to be restricted or brought to an end in future. Noble Lords may wonder why it is necessary for the legislation to stray into this territory; it is because existing civil partnerships can be converted into same-sex marriages. We need the scope to legislate further on conversion in a way that is equitable to different groups.

The question of converting civil partnerships into marriage and perhaps vice versa, will of course be of particular interest and concern to some people, so subsection (6) would require the Secretary of State specifically to consult on this matter before making any regulations on conversion.

Subsection (7) would make provision for regulations protecting the ability to act in accordance with religious belief in relation to matters provided for in regulations under this section. For example, any decision about whether to host an opposite-sex civil partnership on religious premises should remain a decision for an individual religious organisation to take.

Subsection (8) would enable the regulations made under the new clause to amend, repeal or revoke primary legislation. My amendments to Clause 5 would ensure that these and any other regulations made under the new clause would be subject to the affirmative resolution procedure, ensuring that they were debated and scrutinised appropriately in both this House and the other place. Amendments 4, 5 and 6 would make the necessary changes to the supplementary provisions about regulations in Clause 5.

Lastly, Amendment 7 would change the Long Title of the Bill to reflect the fact that Clause 2 no longer relates to the publication of a report on civil partnerships but instead relates to the extension of civil partnerships to opposite-sex couples. This is a missed consequential amendment from the changes on Report in the Commons. The Bill would therefore be correctly titled and reflect the important changes that it needs to make and, we trust, will make.

I apologise to noble Lords for being so croaky. I hope they will add their support to this amendment, which provides for access to civil partnerships to be equalised in a comprehensive and robust way. I beg to move.

My Lords, I thank the noble Baroness, Lady Hodgson, for struggling in today; she is clearly not on top form. I thank her very much for the comprehensive way in which she took us through the amendment. Noble Lords know that I not only support her Private Member’s Bill but I wish to see it enacted as quickly as possible, because there are a great many couples in this country for whom this is very important legislation.

However, as I have already flagged to the noble Baroness in preparation for today, I have one or two misgivings about aspects of the Bill and her amendment. It is important, however well disposed one is to a piece of legislation, that it is subject to proper scrutiny. It is the noble Baroness’s misfortune that her Bill comes in the middle of a slew of government Bills taking Henry VIII powers to realms previously unimagined.

The noble Baroness will have seen the report issued on 29 January from the Delegated Powers and Regulatory Reform Committee, and the Constitution Committee’s report published yesterday. They are both very forthright in their views on the Henry VIII powers in the Bill and the scope for Ministers to make regulations. I am indebted to Mark D’Arcy of the BBC, who described the Constitution Committee of your Lordships’ House as a body in which the raising of an eyebrow was considered a severe criticism—by this stage, I think it is pushing chairs through windows. The committee is very sceptical about the scope, extent and reason for the Henry VIII powers in the Bill.

I will come on to the second area when we get to Amendment 3, but I wish simply to address proposed new subsection (3), which would be introduced by Amendment 1, which the noble Baroness just moved. It states:

“The Secretary of State may, by regulations, make any other provision that appears to the Secretary of State to be appropriate in view of the extension of eligibility to form civil partnerships in England and Wales to couples who are not of the same sex”.

My Lords, I refer to my interests as recorded in the register. I too will speak to Amendment 1. I thank the noble Baroness, Lady Hodgson, for introducing her amendments. I am particularly concerned by the Delegated Powers and Regulatory Reform Committee’s report, and its reference to the Bill conferring,

“no fewer than four Henry VIII powers”.

It also refers to the contribution made by the Minister in our previous debate.

Like the noble Baroness, Lady Barker, I fully welcome the extension of civil partnerships and will do all I can to bring that about, but I am worried. The regulations have the power to do good, but also to undo the good that has been done. Proposed new subsections (1) and (2) are absolutely right because subsection (2) contains a sunset provision—a time limit on when the Secretary of State might lay regulations. However, I am concerned about proposed new subsection (3), by which the Secretary of State may, by regulations,

“make any other provision that appears to the Secretary of State to be appropriate”.

That is far too widely drawn. If we are to go down that route, I would like a time limit on when they can be implemented. Similarly, proposed new subsection (6) says:

“Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate”.

That seems wholly wrong. Instead of widening consultation it could limit it. Therefore, I have concerns about that.

I will not detain the Committee much further, but I must refer to proposed new subsection (7). On all of these I look forward to the Minister’s reassurances on the use of such regulations. Excuse me—the noble Baroness, Lady Hodgson, seems to have great powers of projection; her cold seems to be catching. However, he says, taking a very deep breath, the subsection says:

My Lords, I say to the noble Baroness, Lady Barker—my friend in many contexts, but not in that of sibling couples and civil partnerships—that I would be pleasantly astonished if my noble friend failed to give her the reassurances she sought. It is clear that the Government have no intention of extending civil partnerships in the way I would wish. I set out at length at Second Reading the unfairness and injustice sibling couples who are committed to each other in strong, stable and platonic associations have endured for far too long because they are denied civil partnerships. I will not repeat the points I made then. I should be very interested to hear what my noble friend has to say, but I do not expect the pleasant surprise I wish for.

I have not tabled amendments to this important Bill that would cause proceedings on it to be extended. I simply say this to the Government, assuming that I am right: committed, platonic sibling couples, some of whom have shared their lives for 50 years and more, look on with astonishment and anger as a political party that ought to value the family units they have created together does nothing to relieve them from the constant anxieties they endure in the absence of joint legal rights.

My Lords, may I ask a very naive question? I ask the Committee’s forgiveness if this has already been answered. What happens if there were to be a civil partnership between a brother and sister—let us say the brother and sister are Jill and John—and then Jill meets Jack and decides that she wants to marry him? Can she marry Jack and thereby have a marriage and a civil partnership?