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Lord Brooke of Sutton Mandeville: I think that I am the only member of the Committee on Delegated Powers in the Chamber this evening. We are gratified
 
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that the Government should have acceded to various suggestions that we drew to the attention of the House. I am conscious that the noble Baroness, Lady Warwick, is unhappy that we did not go further. I may be speaking out of turn in the absence of any of my colleagues, but we rather pride ourselves on living to a regularity of precedent, in terms of our recommendations. We concentrate entirely on procedure and not on policy. It is always gratifying when, almost invariably, the Government accept our recommendations. That may be in part because of the manner in which we conduct ourselves. Were we constantly to go further, we might find more of our recommendations rejected.

Lord Skelmersdale: The Committee will be grateful to my noble friend Lord Brooke for his speech as the only member of the Delegated Powers Committee currently in the Chamber. However, my argument was that the Government had accepted the recommendations of that committee only in part. I will read very carefully what the noble Baroness has said; no doubt she and others will read what I have said, in conjunction with the report of the Select Committee. At this time of night, I have no option but to beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Triesman: I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

House adjourned at eight minutes past ten o'clock.

 
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Official Report of the Grand Committee on the

Civil Partnership Bill [HL]

(Fourth Day)

Monday, 17 May 2004.

The Committee met at half past three of the clock.

[The Deputy Chairman of Committees (Lord Elton) in the Chair.]

The Deputy Chairman of Committees (Lord Elton): Before proceedings begin, I draw the Committee's attention to the fact that the Stationery Office has printed continuation numbers for the long amendments on the Marshalled List—for instance, on page 10—as Members of the Committee requested last week. In addition, the Government have prepared an informal document showing the Bill including all the government amendments, copies of which are available from the Attendant at the door.

The Lord President of the Council (Baroness Amos) moved Amendment No. 61AW:

Before Clause 149, insert the following new clause—

"DISPUTES BETWEEN CIVIL PARTNERS ABOUT PROPERTY (1) In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply by summons or otherwise in a summary way to— (a) the High Court, or (b) a county court. (2) On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property). (3) Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute."

The noble Baroness said: Before I speak to this group of nine amendments I should say to the Committee that at Thursday's sitting it was generally agreed that it would be helpful if we could find a way to put the amendments relating to Northern Ireland in a new format to facilitate the Committee's consideration of them. It was also suggested that the Government provide further explanatory material on the amendments. We have attempted to do this. I should like to put on record my thanks to the officials who worked very hard to produce the material that was requested by the Committee.

A separate version of Part 4 with the amendments incorporated, making it easier to see how the proposed amendments fit into existing provisions for Northern Ireland, has been produced. However, I make clear to the Committee that this is not an official version but a draft intended to aid Members of the Committee in
 
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discussion. We have also produced a revised set of draft Explanatory Notes to accompany those amendments and a supplementary document noting the purpose and effect of each amendment. I hope that noble Lords will find these documents helpful in assisting our deliberations this afternoon.

Turning to the amendments, this group of nine amendments make provision in Northern Ireland in connection with civil partnership which is comparable to the provision made for England and Wales by Chapter 3 of Part 2 as well as Schedules 4, 5, 6 and 7. They cover a wide range of legislative provision that sets out the rights and responsibilities of civil partners during the civil partnership, on its dissolution and after the death of one of the civil partners.

I will speak in some detail on this group and the following groups of amendments, as I did on Thursday. I hope that the Committee will find it useful in following the debate. I have taken heed of the request of the noble Baroness, Lady O'Cathain, and will indicate page numbers in the Marshalled List as I proceed.

Amendments Nos. 61AW and 61AX on page 38 enable civil partners to refer disputes over property to court using a summary procedure. The first of these amendments allows these disputes to be resolved in the High Court or a county court. The second of these amendments extends the availability of this jurisdiction of the court to situations where the civil partner no longer has the money or property in possession. In these cases the court has the same powers to make orders as if the property or money in question was still in the hands of the civil partner, including the power to order one civil partner to pay to the other a sum of money as appropriate. We discussed similar provisions in relation to Clauses 64 and 65 on 13 May.

Amendment No. 61AY on page 39 extends to civil partners and their children the protections under Northern Ireland law currently available to spouses and children in respect of the proceeds of life assurance policies. As in Clause 67 for England and Wales and Clause 127 in Scotland, this is a necessary provision to ensure that surviving civil partners and their children are treated in the same way as spouses and the children of a married couple for the purposes of life assurance policies which have been expressly taken out for their benefit.

Amendments Nos. 61AZ, on page 39, and 63A, on page 70, are concerned with the disposition of the estate of civil partners who have died. Amendment No. 63AZ contains a clause introducing Amendment No. 63A which amends existing legislation in Northern Ireland in relation to the effect of the formation or dissolution of a civil partnership on the will of a civil partner. Where a person has made a will, that will is revoked by the formation of a civil partnership, it being expected that the testator would have wished to make fresh provision. Similarly, the dissolution of a civil partnership will have the effect of revoking the will insofar as it concerns any disposition made in favour of the former civil partner. I hope that
 
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given the supplementary material that we have provided, any further questions that the Committee may have on that are past us.

Amendment No. 63A also deals comprehensively with the rights of surviving civil partners to a share of the deceased's estate under the intestacy rules and inheritance legislation.

Amendments Nos. 61BA, on page 39, 63B, on page 80, 63C, on page 117 and 63D, on page 141 establish a system of financial relief in Northern Ireland for civil partners and children of their family following the breakdown of the civil partnership. Amendment No. 61BA inserts a new clause introducing the schedules contained in the three subsequent amendments.

Amendment No. 63B inserts a new schedule which deals with the adjustment of the finances and property rights of civil partners when a civil partnership is brought to an end. Amendment No. 63C sets out a system of financial relief that will be available in the magistrates' courts tier. This will enable civil partners to apply for maintenance themselves and for children of the family in the same way as parties to a marriage.

Amendment No. 63D inserts a new schedule containing provisions for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled or the civil partners have been legally separated in a country outside the British Isles.

The provision made by these four amendments replicates existing arrangements for the financial arrangements between married couples whose marriage has ended, either within or outside Northern Ireland.

The nine amendments in this group amend or replicate existing provision in Northern Ireland law applying to married couples and their property and finances. They raise no new issues of principle for the Bill. I beg to move.

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