Mr Tim Boswell (Daventry, Conservative)

I beg to move amendment No. 25, in

clause 26, page 11, line 38, at end add

'; but the Secretary of State shall not make such an order until he is satisfied that legislation has been enacted to introduce civil partnerships for those persons whose marriage has been annulled by this Act and that such legislation is in force'.

This is the last non-formal amendment. I wish to record my appreciation for the responses that we have had. Even though they have not always satisfied us, at least they have been tendered.

The amendment can be read in one of two ways. The Minister will know in which way I wish it to be read. It is not a delaying tactic to defer application of the Bill, which I want to be passed as soon as possible, as do people in the transsexual community. It is meant to send the message that the Bill will work much better, and deal with some of the dilemmas that we have debated at length in Committee, if it is accompanied by a civil partnerships Bill. We, or at least I, wish both to proceed together. I realise that that is difficult. The Minister cannot produce two pieces of legislation at the same time, and I realise that the Government are consulting on civil partnerships. However, it would be extremely useful if we could have the two blades of the scissors operating together as soon as possible. It is in that spirit that I have tabled my amendment. I hope for clarification and perhaps some words of encouragement from the Minister.

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)

As I have said, the Government will shortly introduce legislation on same-sex civil partnership. Legislation on civil partnership will provide same-sex couples with an opportunity to gain legal recognition for their relationships. However, the amendment would halt implementation of the Gender Recognition Bill until the civil partnerships Bill has been implemented. I am grateful for the manner in which the hon. Member for Daventry moved the amendment, but the Government can see no good reason to delay access to recognition in the acquired gender, especially as the vast majority of transsexual people are unmarried—only about 2 to 4 per cent. of the transsexual community are married.

I also emphasise that, should the Gender Recognition Bill come into force before civil partnership legislation, it will be for the married transsexual person to decide whether to wait for the implementation of the civil partnership legislation, or to seek gender recognition as soon as the gender recognition panels are in place. One assumes that that decision would be made in discussion with the spouse, especially if the parties intend the relationship to continue. The application for gender recognition may be deferred until the option to form a civil partnership

can be considered. It is important to emphasise that they—the couple—are in control of the process. The Government have extended the fast-track process in clause 27 to two years, so married transsexual people will not lose out on using that process either.

With that explanation, I hope that the hon. Gentleman will withdraw his amendment.

Mr Tim Boswell (Daventry, Conservative)

I take it that those are the words of encouragement that I sought. I think that all members of the Committee will unite in urging the Minister to get on with it. I am sure that he wants to do that. Most of us will not seek to frustrate his legislative purposes elsewhere. In light of his assurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 26 ordered to stand part of the Bill.

Clauses 27 and 28 ordered to stand part of the Bill.