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Lord Evans of Temple Guiting: My Lords, again, I feel unable to contribute to the debate, although I think that the noble Duke, the Duke of Montrose, would be very happy with the answer that I would give him if I was able to.
The Duke of Montrose: My Lords, may I take that as an implied acceptance of the amendment?
The Lord Bishop of Winchester: My Lords, while the noble Duke is on his feet, is not the logic of that that he should press his amendment?
24 Jun 2004 : Column 1445
The Duke of Montrose: My Lords, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 54 and 55 not moved.]
The Duke of Montrose moved Amendment No. 56:
The noble Duke said: My Lords, this amendment would delete Clause 117. Clause 117 provides for judicial separation in respect of civil partnerships. Until 1861, a judicial separation was the only consistorial remedy for cruelty and it was only in 1938, when cruelty became a ground of divorce, that separation became less common. It is still competent in a marriage context for people who do not wish to be divorced for religious reasons, given the provisions for dissolution that interdict, and there appears to be no good reason why judicial separation should be extended to civil partnerships. The Law Society of Scotland wants to probe the reasons for including that in the Bill. I beg to move.
Lord Evans of Temple Guiting: My Lords, again, I must say that at this stage, I am unable to respond to the noble Duke's amendments.
Lord Cope of Berkeley: My Lords, surely the Minister could explain why the Government originally proposed to insert that into the Bill?
Lord Evans of Temple Guiting: My Lords, perhaps I may explain that this is Report and I have sat down.
The Duke of Montrose: My Lords, it is obviously difficult to proceed on this basis.
On Question, amendment agreed to.
Clause 118 [Dissolution following on decree of separation]:
The Duke of Montrose moved Amendment No. 57:
The noble Duke said: My Lords, this amendment raises the same argument as that in the previous amendment with regard to Clause 118. I beg to move.
On Question, Whether the said amendment (No. 56) shall be agreed to?
Their Lordships divided: Contents, 43; Not-Contents, 104.
Ampthill, L. [Teller]
Astor, V.
Blaker, L.
Bridgeman, V.
Brooke of Sutton Mandeville, L.
Brougham and Vaux, L.
Byford, B.
Campbell of Alloway, L.
Carlisle of Bucklow, L.
Chalker of Wallasey, B.
Cope of Berkeley, L.
Cox, B.
Crickhowell, L.
Denham, L. [Teller]
Elton, L.
Erroll, E.
Freeman, L.
Higgins, L.
Home, E.
Howe, E.
Howe of Aberavon, L.
Kingsland, L.
Laird, L.
Lucas, L.
Luke, L.
Mackay of Clashfern, L.
Maginnis of Drumglass, L.
Marlesford, L.
Montrose, D.
Northesk, E.
O'Cathain, B.
Park of Monmouth, B.
Seccombe, B.
Shrewsbury, E.
Skelmersdale, L.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Strathclyde, L.
Tebbit, L.
Trefgarne, L.
Wakeham, L.
Wilcox, B.
Windlesham, L.
Acton, L.
Addington, L.
Alli, L.
Amos, B. (Lord President of the Council)
Andrews, B.
Archer of Sandwell, L.
Avebury, L.
Bach, L.
Barker, B.
Bassam of Brighton, L.
Berkeley, L.
Bernstein of Craigweil, L.
Billingham, B.
Blackstone, B.
Borrie, L.
Bragg, L.
Brooke of Alverthorpe, L.
Brookman, L.
Campbell-Savours, L.
Carter, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Corbett of Castle Vale, L.
Crawley, B.
Davies of Oldham, L. [Teller]
Dean of Thornton-le-Fylde, B.
Desai, L.
Drayson, L.
Dubs, L.
Elder, L.
Evans of Temple Guiting, L.
Falconer of Thoroton, L. (Lord Chancellor)
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Finlay of Llandaff, B.
Gale, B.
Gavron, L.
Gibson of Market Rasen, B.
Gilbert, L.
Goodhart, L.
Gould of Potternewton, B.
Greengross, B.
Grocott, L. [Teller]
Hamwee, B.
Harris of Haringey, L.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hayman, B.
Henig, B.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Hooson, L.
Howarth of Breckland, B.
Howe of Idlicote, B.
Howells of St. Davids, B.
Hughes of Woodside, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Joffe, L.
Kirkhill, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Listowel, E.
Ludford, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maclennan of Rogart, L.
Mitchell, L.
Northover, B.
Ouseley, L.
Pendry, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Rea, L.
Richard, L.
Rogers of Riverside, L.
Roper, L.
Russell, E.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Sharp of Guildford, B.
Simon, V.
Steel of Aikwood, L.
Stone of Blackheath, L.
Symons of Vernham Dean, B.
Thomas of Walliswood, B.
Thornton, B.
Tope, L.
Triesman, L.
Tunnicliffe, L.
Turner of Camden, B.
Wall of New Barnet, B.
Walmsley, B.
Warner, L.
Whitaker, B.
Wilkins, B.
Williams of Elvel, L.
Woolmer of Leeds, L.
Resolved in the negative, and amendment disagreed to accordingly.
24 Jun 2004 : Column 1446
24 Jun 2004 : Column 1447
5.40 p.m.
Clause 121 [Validity of civil partnerships registered outside Scotland]:
[Amendments Nos. 59 to 65 not moved.]
Baroness O'Cathain moved Amendment No. 66:
"( ) Regulations so made may in particular make provision with respect to determining whether two people have lived together for the period of twelve years specified in section (Categories of civil partners other than same sex couples)."
On Question, amendment agreed to.
Baroness O'Cathain moved Amendments Nos. 68 and 69:
"(1A) Subsection (1)(a) and (d) shall not apply in the case of two people who wish to register as civil partners under section (Categories of civil partners other than same sex couples)."
On Question, amendments agreed to.
Baroness O'Cathain moved Amendment No. 70:
"( ) Regulations made under subsection (1) may in particular make provision with respect to determining whether two people have lived together for the period of twelve years specified in section (Categories of civil partners other than same sex couples)."
On Question, amendment agreed to.
Clause 157 [Powers to make orders and effect of orders]:
Clause 165 [Supplemental provisions as to facts raising presumption of breakdown]:
[Amendments No. 72 not moved.]
Clause 179 [Supplementary provisions as to declarations]:
Clause 185 [Transfer of proceedings]:
Schedule 15 [Financial relief in the High Court or a county court etc.: Northern Ireland]:
[Amendments Nos. 77 and 78 not moved.]
Schedule 16 [Financial relief in court of summary jurisdiction etc.: Northern Ireland]:
[Amendments Nos. 79 to 82 not moved.]
[Amendments Nos. 83 and 84 not moved.]
Clause 204 [Meaning of "overseas relationships"]:
[Amendment No. 85 not moved.]
24 Jun 2004 : Column 1448
Schedule 20 [Meaning of overseas relationship: specified relationships]:
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