Clause 3 - ''Cohabitants'' in Part 4 of 1996 Act to include same-sex couples
Domestic Violence, Crime and Victims Bill [Lords]
Public Bill Committees, 22 June 2004, 3:00 pm

Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton & Frome, Liberal Democrat)
Welcome to the Committee, Mr. Benton. I welcome the clause and have no argument with it. However, I will ask the Minister a couple of questions, because I want to be satisfied that the clause will have the effect that we hope for.
My first question is, what does the Minister consider will be the interplay between this legislation and the Civil Partnership Bill? Does he anticipate that there will be further amendment to this Bill via the avenue of the Civil Partnership Bill in order to make the relationship between the two pieces of legislation clear, or should we expect amendments to this Bill to reflect the new status that I understand is being provided in that legislation?
My second question is a genuine one, because I want to be absolutely sure in my own mind about this. Has any thought been given to whether the phrase ''in an equivalent relationship'' might present any problems of interpretation? The phrase raises this question: what precisely is the equivalent relationship to a husband and wife in terms of cohabiting couples? Is it possible for someone to attempt to argue a distinction in law between a same-sex couple and the equivalent relationship in terms of a husband and wife on the basis that it is equivalent to some other form of cohabiting relationship and not to that of a marital relationship?
That may be a point that is not worth considering, but I would hate for there to be a legal argument that could be adduced on that basis that had not been thought of at this stage, and which could be corrected by rewording part of the clause. I know what the Minister's intention is, and I share it entirely; I simply want to make sure that the words reflect it.

Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe & Sale East, Labour)
The spirit of the discussion of this clause is again one of consensus. The clause has never been contentious, and nor is it now with the questions that the hon. Gentleman has asked.
The hon. Gentleman's second question was about equivalent relationships. I will need to go away and look into that a little further, but clearly there will be distinctions between married couples, cohabiting couples and so forth, and those distinctions will need to be made clear in any legislation considered by this House. When I have looked into the matter, I will speak or write to the hon. Gentleman to try to reassure him.
On the interplay between this legislation and any legislation on civil partnerships, we will need to have coherence and compatibility, but it is not our intention to introduce any further amendments to this Bill to address that.
Question put and agreed to.
Clause 3 ordered to stand part of the Bill.
