Registration of Marriage Bill [HL] — House of Lords, 2018-01-26
Topic: Civil Rights
Susan Williams (Conservative, Centre-right): My Lords, I congratulate the right reverend Prelate the Bishop of St Albans on bringing forward and outlining the purposes of what is quite a narrowly defined Bill, which will reform the way marriages are registered and enable updating of the marriage entry to allow for the inclusion of mothers’ names. This is a very important issue that the Government fully support, and I am grateful to him for bringing forward the Bill to remove the current inequality in marriage entries As the right reverend Prelate and other noble Lords have said, the then Prime Minister gave a commitment in 2014 that the content of the marriage entry would be updated to include the details of both parents of the couple. The marriage entry clearly does not reflect modern Britain and it is high time it was updated. Statistics show that there are currently some 2 million single parents in the country, around 90% of whom are women. As it stands, if any of their children were to get married they would be able to include only their father’s details in the marriage entry, as the noble Baroness, Lady Gale, said in her concluding remarks. Their mother’s details would not be included, even though they had brought them up as a single parent As the right reverend Prelate explained, moving to a schedule system is the most cost-effective way to bring about this change. As the noble Baroness, Lady Gale, said, a schedule system has been in place in Scotland since 1855, and it is also in place in Northern Ireland. The same system is already used in England and Wales for civil partnerships. It just would not make sense to update the content of the marriage entry by amending and replacing the 84,000 bound marriage registers currently in use in registry offices, and approximately 30,000 churches and other religious buildings. If any amendments were required in the future, they would need to be replaced again. It would not be cost-effective to update the marriage entry in this way To reprint the marriage registers alone would cost £1.9 million. Along with other costs associated with recalling all the current registers and dispatching new registers, this would bring the total cost to around £3 million, on top of the ongoing costs associated with maintaining a paper register system. Changes would also be required to the IT system and to ensure the appropriate training and guidance is provided to registration officers and all the religious bodies affected by the changes The changes proposed in the Bill would mean that marriage entries would be held in a single electronic register rather than in thousands of books, making the system more secure, more efficient and far simpler to administer and amend, if necessary. As a result, there would no longer be any need for bound marriage registers and certificate stock to be held in churches or other religious buildings. My noble friend Lady Anelay of St Johns asked about the number of burglaries in the past 12 months. There are a number of burglaries each year from religious premises. The move to a schedule system will remove the risk of registers and blank certificate stock being stolen in order to create an identity from the marriage records to use for fraudulent purposes. Provisional figures for the past 12 months show that there were eight burglaries involving marriage registers in church buildings Moving to a schedule system would be the biggest reform of how marriages are registered since 1837 and would move away from the outdated legislation currently in place. As I am sure noble Lords agree, when considering how the marriage entry is updated we will need to ensure that the needs of all the different family circumstances in society today are taken into account My noble friend Lady Anelay and a number of noble Lords wanted clarification of the powers conferred by regulations in Clause 1(4). In a debate on a government Bill, this House recently expressed its concern about new criminal offences being created by regulations and statutory instruments. The Registration of Marriage Bill contains powers enabling the Secretary of State to amend the Marriage Act 1949 and other enactments in order to bring marriage registration in line with the process for civil partnerships in England and Wales as well as marriages and civil partnerships in Scotland and Northern Ireland. Clause 1(4) empowers the Secretary of State to amend the Marriage Act 1949 to create a specific criminal offence. This offence is modelled on an existing offence in Section 24(2)(e) of the Marriages (Scotland) Act 1977 and will be committed if a party to a marriage fails to comply with a notice requiring him or her to deliver a signed marriage schedule or document to enable the registration of the marriage. The offence would be punishable on summary conviction by a fine not exceeding level 3 on the standard scale, which is currently £1,000, as the noble Baroness said It should be noted that for all civil marriages and religious marriages at which a registrar attends, the signed schedule will be retained by the registrar at the marriage ceremony and taken back to the register office for entry into the marriage register. This accounts for around 75% of all marriages, so it is not envisaged that the offence will be used extensively. No issues have been identified in other jurisdictions with signed schedules being returned to the register office. In fact, traditionally the best man or a family member takes responsibility for ensuring that the marriage is registered Although a new offence is created, it is also proposed to remove or reduce the scope of other registration offences in the Marriage Act 1949. At present, it is an offence under Section 76(1) for any person to refuse or without reasonable cause to omit to register any marriage as required under the Act. This offence is potentially committed by a number of people responsible for registering marriages, including registrars, members of the clergy, authorised persons and specified persons in the Jewish and Quaker religions. Under the Bill, only registrars will be responsible for registering marriages so this offence will have a far narrower field of application In addition, those currently responsible for registering marriages are required under Section 57 of the 1949 Act to make and deliver to the superintendent registrar a certified copy of entries made in the marriage register book or a certificate stating that no entries have been made since the date of the last certified copy in the previous quarter. It is an offence under Section 76(2) for a person who is required to make these quarterly returns to refuse or fail to deliver any such copy or certificate to a superintendent registrar. Under the Bill, the requirement to make quarterly returns and the associated offence will become redundant and so can be removed Although the Bill introduces a new offence at Clause 1(4), it is not considered that the introduction of this proposed new offence or the reduction or removal of existing offences will have any appreciable impact on the justice system. The Ministry of Justice has been consulted about this proposed offence and has not raised concerns to date The noble Baroness, Lady Meacher, and other noble Lords including the noble Baroness, Lady Bakewell, asked about humanist marriage. I need to be very clear that the scope of this Bill does not include solemnisation of marriages.