Marriage and Civil Partnership (Minimum Age) Bill

Debate between Tim Loughton and Ben Spencer

Committee stage
Wednesday 12th January 2022 Public Bill Committees

[Tim Loughton]

My hon. Friend is making some good points about this subject, about which he might like to introduce a private Member’s Bill. We are dealing only with the chronological definition of children, but there is a real problem. We know about the low rape convictions in this country—I apologise that I have to leave this Committee to go to the Home Affairs Committee, which is looking into this matter at the moment—but they are just the cases that come forward. Those who do not have capacity come forward to declare that they have been the victim of sexual offences even less often.

I have tried to allude to the definition of children, their rights and the responsibilities of adults towards them, but this whole area needs to be cleared up. Even if my hon. Friend the Member for Runnymede and Weybridge is not lucky enough to be chosen in the private Members’ Bill ballot, as my hon. Friend the Member for Mid Derbyshire and I have been in the past, I am sure the Home Office Minister here today will take away these important matters and come back with Government-backed legislation, in due course.

[Dr Spencer]

I thank my hon. Friend for that brilliant intervention. It was prescient, as I was about the say that there is an even bigger problem in the interaction between civil cases, about people who lack capacity to consent to sex, and criminal cases. That will be difficult to deal with, but we need to do that. There are different thresholds, and it is unclear how civil and criminal cases interact.

There is also the situation where one of the partners in a marriage loses capacity to consent to sex, but sexual relations continue. How do we, as a society, want to think about that? I am sure everyone has deeply held personal opinions on this, but I have heard what I think are awful stories—for example, a person in a couple developed dementia and lost the capacity to consent to sex, but the couple continued to have sexual relations. Social services got involved and it all got pretty horrible. These are big issues.

The last thing I want to do, however, is to hold up the Committee or prevent the Bill from making progress; that is why I declined proposing putting anything in the Bill, but I hope that the Minister has heard the points made, and that we can get something moving, using the Bill as a springboard to the next step in helping people in such situations.