Civil Partnerships for same-sex couples

Civil Partnership Bill Becomes Law

This web page contains the following information on the UK's Civil Partnership Bill, recognising the rights of gay and lesbian couples.

	Civil Partnership Bill - Introduction
	Civil Partnerships Bill - Parliamentary Progress
	Tories Attempt to Wreck The Civil Partnership Bill
	What Happens Next
	Civil Partnership Bill - Our Views
	Civil Partnership Bill - Recent History

Civil Partnership Bill - Introduction

Civil Partnership - The UK's ground-breaking Civil Partnership Bill, introduced into the House of Lords on 30 March 2004, received Royal Assent from the Queen on 18 November 2004 and the Government expects the Civil Partnership Act to be brought into effect either at the end of 2005 or early 2006.

According to the Government's "Women & Equality Unit" website:

"Passage of the Act followed a vote by the House of Lords on 17 November to accept amendments made to the Bill by the House of Commons. An attempt to delay the Act from coming into effect, until some of the rights afforded to civil partners were extended to certain family members under a separate scheme, was defeated by 251 to 136 votes.

Jacqui Smith, the Minister for Equality, said:

"This is one of the most significant pieces of social legislation the Government has introduced. The Civil Partnership Act sends a clear message that we value and support the contribution committed same-sex couples make to each other and to our society.

“A loving relationship, whether of opposite-sex couples or same-sex couples, benefits society as a whole and I am delighted that this Act is now on the statute book.

“I hope this Act will help create a more equal society. It opens the way to respect, recognition and justice for those who have been denied them for too long.”

The Act creates a new legal relationship of civil partnership, which two people of the same-sex can form by signing a registration document. It also provides same-sex couples who form a civil partnership with parity of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage.

Important rights and responsibilities will flow from forming a civil partnership, helping same-sex couples to organise their lives together. Provisions in the Act include:

• a duty to provide reasonable maintenance for your civil partner and any children of the family;
• civil partners to be assessed in the same way as spouses for child support;
• equitable treatment for the purposes of life assurance;
• employment and pension benefits;
• recognition under intestacy rules;
• access to fatal accidents compensation;
• protection from domestic violence; and
• recognition for immigration and nationality purposes."

You can download the Civil Partnership Bill (as introduced in March 2004) from the UK Parliament's website by clicking HERE .

Civil Partnership Bill - Progress

The House of Lords Third Reading took place on 17 November 2004. The Lords voted to pass the Bill and sent it to the Queen for Royal Assent. Read the Lords' historic debate.

____________________

On 26 October 2004 the Government announced that the Civil Partnership Bill will be amended so that contracted-out pension schemes are required to provide survivor pensions for civil partners from rights built up all the way back to 1988, replicating the current position for widowers. This will mean that civil partners will have the right to pass on survivor pensions as married people do.

Alan Johnson, Secretary of State said:

"The Civil Partnership Bill is all about equality so I am delighted that with these changes civil partners will be able to pass on survivor pensions as married people do. This has important practical applications: often a pension will be the most valuable asset an individual has, so their ability to pass it on is crucial."

This decision is in line with the fact that survivors' benefits (for heterosexuals) were extended to widowers in 1988, and is exactly what Isis Financial Planners have been lobbying for - see our press release on Civil Partnership Pension provisions.

____________________

On Tuesday 7 September Desmond Turner MP for Brighton Kemptown tabled an "Early Day Motion" that received support from 50 MPs across the major parties.

The motion stated, "That this House welcomes the introduction of the Civil Partnership Bill, believing it gives long-overdue recognition to committed same-sex couples; but calls on the Government to rectify the position in respect of survivor pensions for same-sex partners; believing that registered same-sex couples who have made the same contributions to pension schemes as their married colleagues ought to be entitled to exactly the same benefits upon retirement as those of married couples."

Civil Partnership Bill - Tories' "Wrecking Amendment"

On 24 June 2004, Conservative peer Baroness O’Cathain proposed an amendment to the Civil Partnership Bill which was supported by the House of Lords. The amendment would extend the Bill to cover all carers and family members living in the same property. The effect of this amendment would be to make the context of the Bill and its legal provisions vastly different from those intended, and would, in effect, wreck the Bill.

Gay groups across the UK reacted with anger at the Tories tactics and the Directors of Isis Financial Planners issued their own Press Release strongly condemning the Conservatives and their amendment. Read our Civil Partnership Press Release.

Read the House of Lords Debate.

Civil Partnership Act - What Happens Next

The Government now have to amend a raft of regulations to implement the Civil Partnership Act. Also, registrars will have to be trained to carry out the civil ceremonies. Hence the wait for 12 months before gay men and lesbians can register their relationships.

The Government also need to finalise some of the financial aspects of the Act, such as the incredibly important Inheritance Tax issues, in the 2005 Finance Bill - we will keep a careful eye on how this develops!

Isis Financial Planners have made public comment on the Civil Partnership Bill throughout its history, as it affects many of the major financial discrimination faced by gay men and lesbians: taxation, pensions, etc.

We have made the following public comments and Press Releases on the Bill and its proposals:

	26 October 2004	Press Release on Pension Amendment
	24 June 2004	Press Release on the Conservative "Wrecking Amendment"
	24 May 2004	Press Release on Pension Amendment in House of Lords
	31 March 2004	Press Release on publication of the Civil Partnership Bill
	26 November 2003	Our response to the Queen's Speech
	September 2003	Isis Financial Planners' submission to the Consultation Process
	June 2003	Civil Partnership Proposals - our early assessment
	May 2003	The Case For Reform - Isis write to the Government Minister

• 18 November 2004 - the Civil Partnership Bill receives Royal Assent and becomes the Civil Partnership Act.

• 17 November 2004 - the Civil Partnership Bill passed its final reading in the House of Lords and is set to become law.

• 31 March 2004 - the Civil Partnership Bill is published.

• 26 November 2003, the Queen announces the Government's intention to publish a Civil Partnerships Bill, at the State Opening of Parliament.

• November 2003 - UK Government publish the results of the Civil Partnership Consultation Process. To view the report click HERE (the report is a 1.3MB PDF file).

• 30 September 2003, the Scottish Executive published a consultation paper on the devolved aspects of a civil partnership registration scheme for same-sex couples, " Civil Partnership Registration. A legal status for committed same-sex couples in Scotland ".

• 30 June 2003, Isis Directors submit our official response to the Civil Partnership Rights Consultation Document - gay civil partnership rights - read our response.

• Isis Directors made an early assessment of the Civil Partnership proposals. Read why we did not believe that these proposals go far enough: Civil Partnership Proposals - Press Release - our response .

• 30 June 2003 Barbara Roche's successor, Jacqui Smith, Minister for Women & Equality, published the Civil Partnership Proposals for same-sex couples. Executive Summary Download and Consultative Document Download .

• December 2002 Barbara Roche, MP - Minister for Social Exclusion & Equality , announced that the UK Government would look at proposals for "civil partnership rights".

• A Civil Partnerships Bill, supported by Stonewall and  the Odysseus Trust , was given a second reading in the House Of Lords on 25 January 2002. The decision was taken not to take the Bill further in order to give the Government the opportunity to conduct an inter-departmental review in relation to civil partnerships and formulate its position on the proposed civil partnership registration scheme .