Marriage between transsexual persons
Gender Recognition Bill [Lords]
4:30 pm
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
That is indeed my understanding.
We would not expect such couples to seek orders for financial provision on the dissolution of the first marriage, as their financial responsibilities to each other would shortly be reinstated. We have considered the new clause carefully but, on reflection, we are not minded to make special provision for such couples. That is partly because of the numbers involved: our information suggests that there are only about four couples in that category.
Aligned to that is the fact that we would require the equivalent of schedule 3 to issue new marriage certificates. The new clause refers to the issue of a modified certificate of marriage, but we do not believe that it is appropriate to change that historical record. The Committee will note that the Bill does not modify the original birth certificate—it stands as an historical fact, and the new birth certificate sits alongside it. The original birth certificate remains in existence and a mechanism is created for a new birth certificate. The Committee will realise that that requires detailed provisions under schedule 3. Given the small number of couples involved, we believe that it would not be proportionate to replicate schedule 3 for marriage certificates, either in terms of the legislative provision or administrative arrangements. For those reasons, the Government oppose the new clause.