Registers of Births and Deaths Bill

I beg to move, That the Bill be now read a Second time.

Every day that I am a parliamentarian is a day of great pride and privilege, but that is particularly the case today. I pay tribute to the hon. Members who have already introduced Bills, which were equally important. In particular, I pay tribute to my right hon. Friend the Member for North Somerset (Dr Fox) for his Down Syndrome Bill, which shows what can be achieved when we have cross-party support but also passionate Members of Parliament trying to achieve something good. I pay tribute to the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) for two reasons: she introduced an important Bill, but she also ensured that my Bill is not the most technical Bill presented to the House today.

It is a great privilege to speak to this Bill, because I believe it will make a tangible difference to the way we deal with two absolutes in life—births and deaths. The Bill is about modernising the administration of those essential moments in life, by making them more efficient and easier to manage for local authorities and for the public at large, while making cost savings in the process. The Bill reforms the way in which births and deaths are registered in England and Wales, paving the way for a move away from a paper-based system of registration to an electronic system.

Eagle-eyed Members, of whom there are many, will note that this is not the first time that the Bill has been presented to the House. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) promoted the Bill in the last Session, and I thank him for his tireless work on this matter. I also thank the Minister for meeting me in the lead-up to the debate and for committing himself to modernising our registration systems so that they are fit for purpose in the 21st century. I am particularly grateful to his team for their support—namely Linda Edwards, who has been extremely helpful in drafting and addressing the issues present in the Bill. It would be remiss of me not to thank my own team—namely Ali Fazel and Ben Rayment—for their support in bringing the Bill to the House.

As in so many cases, covid-19 has had a significant impact on the delivery of registration services across England and Wales, and it has highlighted the need to offer more flexibility in how births and deaths are registered. I believe that the Bill goes a long way in improving the way we process both those pivotal moments in our lives.

Just a few months ago, I became a new father. The birth of my son was one of the happiest, most joyous experiences of my life. When it came to the registration, my wife and I decided to go together with the baby to the registration office. As I am sure Members are fully aware, childbirth and those early weeks are an exhausting experience, and the 20-mile round trip with the baby, when he started crying, felt more like 200 miles. Despite the excellent and kind staff at the registration office, I found the whole process cumbersome. On the way back, I found myself asking one question: surely there is a better way to do things? Of course, I was thinking of the registration process, not parenthood. That question is why I stand in the Chamber today.

For the purpose of clarity, I will run through the existing system and then the changes that the Bill would introduce. Currently, an appropriate informant is required to register all births and deaths that occur in England and Wales with the registrar for the sub-district in which the birth or death occurs. In the case of the birth, the appropriate informant can be the mother of the child or the father—as I recently found on my journey to the registrar’s office.

When they register a birth or death, the registrar will record all the information on an electronic system. Once the registration is complete, the system will generate a paper register page, which is required to be signed by the registrar and by the informant in the presence of the registrar. That paper record is then put into a register that the registrar keeps in a safe, and it is the formal record of the event from which all certificates are then issued.

Many parents love the birth certificate they get for their child. Will my hon. Friend reassure me by clarifying that he proposes to do away with not that but just the duplication of the record?

My hon. Friend makes an important point. I can confirm that those certificates—of which I have three, by the way—will not be changed. They are an important thing that parents or, indeed, any informant, whether for a birth or death, treasure and keep safe. The Bill deals only with the administration and the process behind it.

The information is currently held in two places: in the electronic system and in paper form. In other words, as my hon. Friend just reiterated, two systems are running in parallel and creating unnecessary duplication. The changes proposed in clause 1 would remove that duplication of processes by amending the Births and Deaths Registration Act 1953—which implemented a system that had been in place since 1836—to remove the requirement for paper birth and death registers. Under my Bill, registrars would continue, as now, to register all births and deaths in the electronic register, which is a much more efficient and secure system for maintaining records of births and deaths. The electronic system is already in place, has been running in parallel since 2009 and is used on a daily basis. It is important to note, then, that we are not building new infrastructure but simply streamlining what we currently have.

I am sure that Members from all parties, but especially my fiscally-conservative colleagues on the Government Benches, will be pleased to hear that the removal of the need for paper registers and the ending of the requirement to make quarterly returns, to which I shall come in a moment, will save the taxpayer £20 million over the next 10 years. That figure is conservative, though, and the estimated savings to the taxpayer as a result of all the Bill’s measures amount to £170 million.

I have already spoken of the impact of covid-19 on births and deaths registration services. The Coronavirus Act 2020 allowed for an easing of the restrictions on the deaths registration process imposed by existing legislation, enabling the registering of deaths by telephone; however, the Act’s life is time-limited by a sunset clause that takes effect in March 2022. The industry hugely welcomed the remote registration of deaths. In the lead-up to this debate, I met the National Association of Funeral Directors in the Borough of Solihull, just outside the border of my constituency. The association informed me of the efficiency and ease of the registration of deaths via phone. The process was highly successful and showed that it could be done, and done well.

It is interesting that my hon. Friend mentioned the financial savings for the taxpayer and the new system of registration by phone or electronically. Are there also environmental benefits from not printing on tens of thousands of pieces of paper every year? Has my hon. Friend made any assessment of that, or might we consider it at a later stage?

My hon. Friend makes a good point and I would certainly welcome our looking into that at a later stage. It makes sense that the Bill could bring some environmental benefits.

Does my hon. Friend share my concern that many of these registrations of deaths during covid have inaccurate information on them? They say the death is caused by covid or with covid, when the nearest and dearest of the people who have died often say there was no covid involved at all. There is a lot of inaccuracy. How does his Bill address that?

I thank my hon. Friend for that intervention and I recognise that he has always been a doughty champion of parliamentary scrutiny. I do not share that concern in reference to my Bill because the reason for the deaths is stipulated by the coroner, which is outside the scope of the Bill.

It might be helpful if I point out that in many cases it would be the medical certificate of the causes of death that would set out the circumstances of the death and what particular conditions may have been involved. That is part of the registration process, but its contents are not necessarily affected by the proposed change.

I thank the Minister for that clarification.

But does that not highlight the difficulty that, if somebody registers a death on the telephone, they may not have access to the death certificate and may find that the death is registered with inaccurate information from the death certificate?

I think that is transmitted directly to the registrar, who is of course independent. That creates a check and balance in the process, from my perspective.

My hon. Friend says the information that comes from the death certificate is transmitted directly to the registrar. That is right, but if the person who is the nearest and dearest does not know what is contained in that death certificate and is concerned about its accuracy, the death could be registered with information that the nearest and dearest disagreed with.

I understand the point my hon. Friend makes, but it is my contention that that would be covered by the coroner’s process. Of course, there are avenues for reflection and appeal for anyone who is the informant in that instance.

Perhaps it might help if I say that these changed procedures would not change the rules about what goes into the medical certificate of the cause of death. We have already moved how it is transmitted, so the process and methods for raising any concerns are not fundamentally affected by whether it is a paper register or an electronic register, which, of course, already runs in parallel to the paper system.

I thank the Minister for further clarification on that point.

I mentioned that I spoke to the National Association of Funeral Directors, and I am sure the whole House will pay tribute to the funeral industry, which, like many parts of our community, has worked incredibly hard over the past 12 to 18 months due to covid. I certainly pay tribute to funeral directors for their hard work.

Registering a death has traditionally been a paper-driven process and has often been hindered by delays in the system, which serve to increase the gap between the death and the funeral. In fact, a survey of NAFD members in 2021 confirmed that 82% of funeral directors felt that processing the forms digitally was working either well or very well, and almost 80% of respondents confirmed that they rarely or never experienced delays in the registration of deaths.

But I would go further: if we have the chance today to ease the pain of any individual who is grieving, we ought to take that opportunity. That is the opportunity I believe this Bill presents. The last thing anyone who is grieving wants to do is to make that journey—sometimes a very long journey—to the registrar to register a death. Being able to do so electronically may provide some relief in an otherwise difficult time. I reassure my hon. Friends that, as has already been mentioned, this Bill does not make any changes to the information that is to be recorded in an entry, such as who can act as a qualified informant. That remains the same in the case of a birth or a death.

A further change that clause 1 makes to current procedure relates to how information is given to the superintendent registrar. Currently, registrars are required to submit copies of all the birth and death entries that they have registered in the last quarter to their superintendent registrar through a system of quarterly returns. When received from the registrar, the superintendent registrar certifies all the entries as being true copies of the birth and death entries in the registers, and forwards them to the Registrar General. The Registrar General holds a central repository of all births and deaths registered in England and Wales, which is then completed electronically using the electronic system.

Can my hon. Friend explain how that fits with the provisions of the Forgery and Counterfeiting Act 1981?