Clause 3 - Formation of civil partnership by registration

Part of Civil Partnership Bill [Lords] – in a Public Bill Committee at 2:30 pm on 21 October 2004.

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Photo of Jacqui Smith Jacqui Smith Minister of State (Industry and the Regions and Deputy Minister for Women), Department of Trade and Industry 2:30, 21 October 2004

I fundamentally disagree with the hon. Gentleman. I am afraid that this is one of those cases where one cannot have it both ways. There has to be a particular point at which the civil partnership or civil marriage is formed, and the point that we have chosen is the written point at which the two civil partners sign the schedule or the Registrar General's licence in front of two witnesses. If we are not careful and we make a declaration of words statutory, we will face legal difficulties. I know that hon. Members do not want to focus on this, but it is possible to envisage legal difficulties over determining at precisely what point the civil partnership formed and the change of status occurred. We must be clear about where that point is, and it is more modern and justifiable for it to be when one signs, as opposed to when one declares.