UK Civil Registrations

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Ten minute Bill introduced in the Commons
24 October 2001


On Wednesday 24 October 2001, Jane Griffiths, Labour MP for Reading East, introduce the Relationships (Civil Registration) Bill in the House of Commons. The Bill would allow any couple living together to register their relationship. Those voting in the chamber passed the bill with a majority of 120. Miss Griffiths sought to change the law to "provide for civil registration of a relationship between two people who are cohabiting, and for such registration to afford certain legal rights." The bill is unlikely to be passed into law, but if it progresses further, it will put pressure on the government to introduce its own legislation.

Citing constituents as case studies, Miss Griffiths argued that existing law discriminated against unmarried couples by refusing them rights and responsibilities on the death of one partner. Pensions are not valid for the unmarried partner of an employee who died. Miss Griffiths also quoted one homosexual constituent as saying: "Many people criticise homosexual people for the alleged frequency and rapidity with which they change partners, yet still take the opinion that a measure to support enduring and meaningful gay relationships is wrong."

The Bill would give legal status to registered relationships in respect of:

  • inheritance tax ~ if an unmarried partner dies, the surviving partner must pay the full rate of inheritance tax on property that they jointly own;
     
  • intestacy ~ if an unmarried partner dies without a will, the surviving partner has no claim on the estate which passes automatically to the nearest blood relative (or, in the absence of a nearest relative, to the Crown);
     
  • housing succession ~ same-sex partners in council or social housing have no right to succeed to the tenancies of homes they share if one partner dies;
     
  • occupational pensions ~ most occupational pension schemes, particularly in the public sector, make no provision for the unmarried partners of their employees, be they heterosexual, lesbian or gay;
     
  • next of kin ~ unmarried partners are not recognised as next of kin and have no say in the treatment of a partner who becomes ill, whatever the length of their relationship;
     
  • registration of death ~ unmarried partners are not even allowed to register their partner's death in their capacity as "partner". Unlike "spouse" or "relative", they are merely considered "present at death";
     
  • compensation in fatal accidents ~ if a same-sex partner is killed in a fatal accident, they don't have the right to claim compensation whereas married and unmarried heterosexual partners do.

The Bill would also equalise the treatment of same-sex couples in social security regulations. At present, lesbian and gay couples are treated more favourably because their relationship is not recognised.
 


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