Civil Partnership Bill [Lords]

[back to previous text]

Mr. Chope: Surely the same applies to objectors to civil partnership. They may be under attack, too.

Angela Eagle: I presume that that may be the case, but the evidence of homophobic violence and attacks is far more prevalent than evidence of violence against those who, even currently, object to people getting married. I hope that the Committee will oppose the amendments because of the threat that they pose to the safety of some people who may wish to enter into civil partnership.

Jacqui Smith: In response to an earlier point made by the hon. Member for Christchurch, I think that I made it clear, not least in light of the Government amendment that was made, that relevant information will be publicised in the area or areas where notice is given, in the areas where each proposed civil partner resided prior to giving notice, and in the area where the proposed civil partners intend to form their civil partnership.

The hon. Gentleman wants it to be possible for the addresses of proposed civil partners to be publicised. On the point of objectors, although it is right that someone who wants to object has to give their address, it is not the case that that address will be publicised. The issue is about whether the addresses should be made public. Although it is right that details of proposed civil partnership registration should be made public so that objections can be raised where a legal impediment is known to exist, publishing details of individuals' addresses is unnecessary. As was pointed out, there is a balance to be struck between the privacy of the individuals concerned and the need for openness where a formal change of legal status is involved. I think that we have achieved that. Incidentally, if the proposals for the reform of marriage that I previously outlined went forward, the situation would be equivalent to that which applies to those wanting to enter into a civil marriage.

Amendment agreed to.

Clause 11, as amended, ordered to stand part of the Bill.

It being two minutes to Five o'clock, The Chairman proceeded, pursuant to Sessional Order D [6 November 2003] and the Order of the Committee [19 October], as amended this day, to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Clauses 12, 13 and 14 ordered to stand part of the Bill.

Amendment proposed: No. 23, in clause 15, page 7, line 7, leave out subsection (2) and insert—

    '(2) Regulations may make provision as to the contents of a civil partnership schedule.'.—[Jacqui Smith.]

Question put, That the amendment be made.

Column Number: 115

The Committee divided: Ayes 10, Noes 1.

Division No. 13]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That clause 15, as amended, and clauses 16 to 20 stand part of the Bill:—

The Committee divided: Ayes 10, Noes 1.

Division No. 14]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendment proposed: No. 24, in clause 21, page 10, line 39, at end insert

    'and, where the standard procedure is used in the first and second cases, is the period of 3 months beginning with that day'.—[Jacqui Smith.]

Question put, That the amendment be made:—

The Committee divided: Ayes 10, Noes 1.

Division No. 15]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

The Chairman: For the convenience of the Officers of the House, I shall advise the Committee that the Doors will remain locked until the end of the process.

Motion made, and Question put, that clause 21, as amended, and clauses 22 to 25 stand part of the Bill.

The Committee divided: Ayes 10, Noes 1.

Division No. 16]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendment proposed: No. 25, in clause 26, page 12, line 18, leave out from 'General,' to end of line 20 and insert—

Column Number: 116

    '( ) Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.'.—[Jacqui Smith.]

Question put, That the amendment be made:—

The Committee divided: Ayes 10, Noes 1.

Division No. 17]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That clause 26, as amended, and clauses 27 to 34 stand part of the Bill:—

The Committee divided: Ayes 10, Noes 1.

Division No. 18]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendment proposed: No. 161, in clause 35, page 16, line 3, leave out 'registration services provided' and insert

    'services provided in connection with civil partnerships'.—[Jacqui Smith.]

Question put, That the amendment be made:—

The Committee divided: Ayes 10, Noes 1.

Division No. 19]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That clause 35, as amended, stand part of the Bill:—

The Committee divided: Ayes 10, Noes 1.

Division No. 20]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendments proposed: No. 162, in clause 36, page 16, line 20, at end insert—

Column Number: 117

    '( ) for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.'.

No. 5, in clause 36, page 16, line 21, leave out paragraph (f).

No. 163, in clause 36, page 16, line 25, leave out subsection (4).

No. 164, in clause 36, page 16, line 33, leave out 'subsection (4)' and insert

    'section (Power to assimilate provisions relating to civil registration in England and Wales)'.—[Jacqui Smith.]

Question put, That the amendments be made:—

The Committee divided: Ayes 10, Noes 1.

Division No. 21]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That clause 36, as amended, stand part of the Bill and that schedules 2 and 3 be the Second and Third schedules to the Bill:—

The Committee divided: Ayes 10, Noes 1.

Division No. 22]

AYES
Bercow, Mr. John Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Mr. Duncan: On a point of order, Mr. Gale. Given that we are taking consecutive Divisions, would it not be reasonable to see whether there are legitimate members of the Committee who have been trying to return to the Room, who might not have been able to do so? I have not known such proceedings before and I seek your guidance whether such action would be proper.

The Chairman: I think that the hon. Gentleman makes a fair point. Unlock. [Laughter.] At a time like this, a little levity is no bad thing. I hope that the hon. Member for South Ribble (Mr. Borrow), who has just come into the Room, appreciates that he owes his vote to the hon. Member for Rutland and Melton.

I should explain to members of the Committee, especially those who do not understand the slightly arcane process that we are going through, that we are dealing formally with a significant number of Government amendments, each and every one of which has to be voted on individually—at least, the opportunity must be created for each amendment to be voted on individually—so it is not possible to expedite such proceedings as rapidly as I might otherwise have done.

Column Number: 118

Amendments proposed: No. 34, in schedule 4, page 136, line 24, leave out from first 'apply' to end of line 25 and insert

    '(in place of section 21) in the following three cases'.

No. 35, in schedule 4, page 137, line 9, leave out from 'is' to end of line 10 and insert

    'the period of one month beginning with the day on which B's notice is given;

    ( ) section 32 applies as if in subsections (1)(a) and (2)(c) for ''each notice'' there were substituted ''B's notice''.'.—[Jacqui Smith.]

Question put, That the amendments be made:—

The Committee divided: Ayes 11, Noes 1.

Division No. 23]

AYES
Bercow, Mr. John Borrow, Mr. David Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That schedule 4, as amended, be the fourth schedule to the Bill and that clauses 37 to 53 stand part of the Bill:—

The Committee divided: Ayes 11, Noes 1.

Division No. 24]

AYES
Bercow, Mr. John Borrow, Mr. David Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendments proposed: No. 26, in clause 54, page 26, line 8, leave out

    'by virtue of provision made under section 149,'

    and insert 'under section 169,'.

No. 27, in clause 54, page 26, line 10, leave out from 'if' to end and insert

    'the circumstances fall within any paragraph of section 50(1)'.

No. 28, in clause 54, page 26, line 18, leave out sub-paragraph (i).

No. 29, in clause 54, page 26, line 21, after '(2)(a)' insert 'or (b)'.

No. 30, in clause 54, page 26, line 26, leave out from first 'voidable' to end of line 31 and insert 'if—

    (i) the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or

    (ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).

    (5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.'.

No. 31, in clause 54, page 26, line 42, after 'Wales' insert 'or Northern Ireland'.

Column Number: 119

No. 32, in clause 54, page 26, line 45, leave out subsections (9) and (10) and insert—

    '(8A) Section 51 applies for the purposes of—

    (a) subsections (1)(b), (2)(b) and (4)(b),

    (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and

    (c) subsection (8)(b) and (c).

    (8B) In subsections (8)(a) and (8A)(b) ''the relevant law'' means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

    (8C) For the purposes of subsections (8) and (8A)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.'.—[Jacqui Smith.]

Question put, That the amendments be made:—

The Committee divided: Ayes 11, Noes 1.

Division No. 25]

AYES
Bercow, Mr. John Borrow, Mr. David Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Motion made, and Question put, That clause 54, as amended, stand part of the Bill and clauses 55 to 70 stand part of the Bill:—

The Committee divided: Ayes 11, Noes 1.

Division No. 26]

AYES
Bercow, Mr. John Borrow, Mr. David Bryant, Chris Carmichael, Mr. Alistair Eagle, Angela Love, Mr. Andrew
McGuire, Mrs. Anne McKechin, Ann Simon, Mr. Sio n Smith, Jacqui Watson, Mr. Tom

NOES
Chope, Mr. Christopher

Question accordingly agreed to.

Amendments proposed: No. 170, in schedule 5, page 140, line 6, at end insert—

    '( ) In subsection (1)(ba) (application may be made by person living as husband or wife of the deceased), after ''subsection (1A)'' insert ''or (1B)''.'.

No. 171, in schedule 5, page 140, line 8, at end insert—

    '( ) After subsection (1A) insert—

    ''(1B) This subsection applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

    (a) in the same household as the deceased, and

    (b) as the civil partner of the deceased.'''.

No. 172, in schedule 5, page 141, line 4, at end insert—

    'In section 3(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in paragraph (a), after ''wife'' insert ''or civil partner''.'.—[Jacqui Smith.]

Question put, That the amendments be made

 
Previous Contents Continue

House of Commons home page Parliament home page House of Lords home page search page enquiries ordering index


©Parliamentary copyright 2004
Prepared 21 October 2004