John BercowMain Page: John Bercow (Speaker) - Buckingham)
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I beg to move,
That the draft Civil Partnership (Opposite-sex Couples) Regulations 2019, which were laid before this House on 21 October, be approved.
In what has been an emotionally charged and very moving day in the Chamber, this statutory instrument is, I hope, a cause for celebration, as it allows opposite-sex couples in England and Wales to form civil partnerships. This Government want to see more people formalise their relationships in the way they want with the person they love. We know that there are over 3 million opposite-sex couples who cohabit but choose not to marry. Those couples support 1 million children, but do not have the security or legal protection that married couples or civil partners enjoy.
That is why we announced last year that we would extend civil partnerships to opposite-sex couples and why we supported the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which was taken so ably through Parliament by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). The regulations are before the House. In short, section 2 of the Act enables the Secretary of State by regulation to amend the eligibility criteria for civil partnerships to make other appropriate and consequential provision. The Act requires the regulations extending eligibility to come into force no later than 31 December 2019.
These regulations, as Madam Deputy Speaker said, have been expedited in their consideration by both Houses. I am extremely grateful to the Joint Committee on Statutory Instruments, which considered them yesterday. In particular, the chairmanship of the hon. Member for Newport East (Jessica Morden) was helpful in understanding the urgency of this statutory instrument.
I will outline briefly the concerns of the Committee and the response of the Government to those concerns. Our approach on conversion—that is, conversion from marriage to civil partnership and vice versa—maintains a difference between opposite-sex and same-sex couples in their ability to convert their civil partnerships into marriages. Importantly, those two groups are not in a directly comparable position. The right to convert a civil partnership to marriage was introduced to enable same-sex couples to marry without having to dissolve their civil partnership as marriage had historically been denied to them. That same consideration does not apply to opposite-sex civil partners, who will always have been able to marry.
Even if same-sex and opposite-sex couples can be compared, the Government consider that maintaining the status quo in the short term is justified. Extending conversion rights to allow opposite-sex couples to convert their civil partnership to marriage now, while we are considering responses to the consultation, would risk creating uncertainty and confusion about future rights. We do not wish to introduce a new, potentially short-term conversion right that might subsequently be withdrawn in 2020.
Once we have made civil partnerships available to opposite-sex couples, our priority will be to resolve our longer-term position on conversion rights for all civil partners and to bring forward further regulations as soon as possible next year. I hope this reassures hon. Members that we have considered these issues carefully and we consider the regulations to be compliant with the Human Rights Act 1998.
Let me again pay tribute to my hon. Friend the Member for East Worthing and Shoreham, and also to Baroness Hodgson of Abinger, for their skill and tenacity in driving the Act through Parliament. I know that my hon. Friend has been invited to a civil partnership ceremony which the happy couple hope will take place on 31 December. We intend to implement the regulations on 2 December, which would enable the first opposite-sex civil partnership ceremonies to take place on 31 December, given the usual 28-day notice period. I very much hope that my hon. Friend will be able to make those celebrations.
I know how long some opposite-sex couples have waited for the opportunity to formalise their relationships, and to enjoy the stability, rights and entitlements that other couples enjoy. This is the final legislative step in the process, and I look forward to the first opposite-sex civil partnerships being formed by the end of the year.
I hope, Mr Speaker, that you will allow me a moment away from the important issue of civil partnerships, so that I can play my part in the tributes to you on your last day in that very special seat in the House. It is indeed an honour to be at the Dispatch Box today, and, of course, to hear the wonderful tributes to your chaplain, Rose. May I thank you personally for your service as Speaker of the House over the last 10 years?
As I was preparing for this debate, I sat in our wonderful House of Commons Library. Around the ceiling of one of the rooms are 30 wooden panels containing the names of every single Speaker, dating from 1377 to 2009, when you were sworn in. Your impact on this place will be present not just on those wooden panels in the Library, but in the day-to-day business and interactions of the House. Having sat here in the Chamber hearing some of the tributes to you—which have ranged from the very personal and very serious to some more light-hearted and fond recollections—I will, if I may, add one of my own. I consider it to be one of the achievements of my parliamentary career; it may, in fact, be the only achievement of my parliamentary career. By describing the name of my cat, I caused you to stand up and say:
“I am as near to speechless as I have ever been.”—[Official Report, 20 December 2018; Vol. 651, c. 984.]
Thank you very much, Mr Speaker, for everything that you have done for the House, but also for me, at the Dispatch Box and also as a Back Bencher. I wish you, and your loved ones, the very best for your future.
I welcome the regulations, and I congratulate the hon. Member for East Worthing and Shoreham (Tim Loughton) on his campaign. I too called for the law to be changed, so I am delighted that the Government are finally introducing legislation that will put everyone on an equal footing.
Last year, I pointed out:
“The Government should have already legislated to ensure all couples have equality of choice.”
At the time, I called on the Government to
“take action and change the law to ensure all people have access to civil partnerships”.
I have no idea why it took so long. I have no idea why the Lib Dems and the Conservatives did not want this to happen a lot sooner. It was over a year ago— 16 months, in fact—that the Supreme Court ruled that restricting civil partnerships to same-sex couples was discriminatory. The judges ruled that current UK laws were incompatible with human rights laws on discrimination and the right to a private and family life, so there was no reason for the delay. As the Minister said, there are 3.2 million cohabiting opposite-sex couples, and this is unfortunately another example of the Government dragging their feet on equality. Maybe it is a result of all the changes in Ministers and all the upheaval, but this foot-dragging on equality is unnecessary and quite costly. The Government seem to be letting a lot of people down when it comes to equality.
This change only came about because of the brave steps taken by Rebecca Steinfeld and Charles Keidan. In October 2014, the London couple tried to form a civil partnership at their local registry office in Chelsea Town Hall, but they were told that they could not do so because they were not a same-sex couple. They bravely took their case all the way to the Supreme Court, but they should not have had to do that. I would like to remind the House what Ms Steinfeld said outside the court. She said:
“We are feeling elated…But at the same time we are feeling frustrated the government has wasted taxpayers’ money in fighting what the judges have called a blatant inequality.”
When the Minister gets to her feet, perhaps she could explain to the House how much it cost the taxpayer to take this to court. It was the Lib Dem-Tory Government who decided not to do anything at a time when they could have just changed the law; if they had done so, we would not have had to go through all this.
As I have said, I am pleased with this decision, as it will give cohabiting opposite-sex couples the recognition that they deserve. It will provide stability and security, and ultimately allow couples to decide what is right for them in their relationship. It will give stability to families and children. I am looking forward to the election, because I hope that we will then be able to form a Government with a stand-alone Department for Women and Equalities and be able to push equality issues a lot faster than we have seen over the past 10 years.
Break in Debate
As always, my hon. Friend asks me many questions. I sometimes think he is doing it in the hope of catching me out, so I am going to do my best to prove him wrong. The date on which the regulations come into force is set out in regulation 1(2) and they will be very much in force on 2 December, so that the 28 days’ notice can be in force for civil partnerships on 31 December, with the exception, as he rightly points out, in respect of emergency applications.
On overseas civil partnerships, overseas relationships can be recognised as civil partnerships in England and Wales if they meet the conditions set out in the Act. Opposite-sex couples who formed a civil partnership on the Isle of Man will be recognised as civil partners in England and Wales on the day these regulations come into force—in other words, from 2 December. I should say that the regulations include a list of specified overseas relationships that will be treated as civil partnerships here, but other overseas relationships can also be recognised as civil partnerships if they meet general conditions.
Yes, the General Register Office will issue clear guidance to local registration services about the commencement of the new scheme. I do not have a date to hand, but when I discover one, I will write to my hon. Friend.
On the other matters in the Bill, I am delighted to confirm that the General Register Office is currently working on the secondary legislation, IT systems and administrative processes required to implement the marriage schedule system. Officials are working with the Church of England and the Church in Wales on the details of the proposals, and a timescale will be announced in due course. I am keen that we help to get mums’ names on to marriage certificates as soon as possible.
I hope that my hon. Friend will forgive me in respect of the other matters he raised. We have concentrated on civil partnerships, so I will have to write to him on the other two matters—he caught me out on those two.
Question put and agreed to.