§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they are willing to permit the public to express views during the consultation period for the 77WA White Paper, Civil Partnership: a framework for the legal recognition of same-sex couples, on their decision to exclude opposite-sex couples from the benefits of the scheme. [HL3751]
§ Baroness Scotland of AsthalThe consultation paper on civil partnership asks the public to comment on a series of questions relating to specific areas of the Government's proposals, together with the more general question "Do you have any other comments?". Members of the public are entitled, in any event, to comment on whichever aspect of the proposed scheme they choose. The Government encourage them to do so.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What is the justification for proposing to treat opposite-sex cohabitants less favourably than same-sex cohabitants as regards claims for financial loss under the Fatal Accidents Act 1976 and fatal injury applications under the criminal injuries compensation scheme. [HL3752]
§ Baroness Scotland of AsthalThe Government do not propose to treat opposite-sex cohabitants less favourably than same-sex cohabitants as regards either claims under the Fatal Accidents Act or applications under the criminal industries compensation scheme.
The Government's consultation paper Civil Partnership: a framework for the legal recognition of same-sex couples, would enable same-sex partners, for the first time, to gain legal recognition for their relationships. Opposite-sex couples already have this opportunity. Those same-sex couples who choose not to register will not gain the package of rights and responsibilities proposed, as is the case for those opposite-sex couples who choose not to marry.
The Government therefore propose that registered partners should be allowed to make a claim for financial loss under the Fatal Accidents Act, in the same way that spouses can.
In March 2001, the Government amended the Criminal Injuries Compensation Scheme to allow same-sex cohabitants the same rights as opposite-sex cohabitants to make a fatal injury application in the event of a partner's death. Under the Government's new proposals, same-sex registered partners, like opposite-sex married partners, will not have to demonstrate that they have been cohabitants for two years prior to the death.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What solution they propose for opposite-sex couples who choose not to marry and are vulnerable in the way described in paragraph 2.8 of the White Paper on civil partnership. [HL3753]
§ Baroness Scotland of AsthalAs the Government make clear in their consultation paper, opposite-sex couples who become vulnerable in the way described already have the opportunity to secure legal78WA recognition for their partnerships through the option of marriage. The Government do recognise, however, that many couples mistakenly believe that there is such a thing as "common-law marriage". The Department of Constitutional Affairs will be leading a cross-government working group to explore how best to raise public awareness about the rights and responsibilities of cohabitees and to dispel the myths around "common law marriage".