Human Fertilisation and Embryology Bill [HL]

My Lords, it has become apparent over the past 10 months or so, as I have closely followed deliberations at every stage of this Bill both here and in another place, that it is the fate of us in this House to be considered heroes when we disagree with the House of Commons and largely ignored when we do not. I say that to make the point that the amendment of the right reverend Prelate is unnecessary for a number of reasons. His amendment to delay the implementation of these two clauses is effectively a wrecking amendment. It takes away the recognition of a woman who is a civil partner of a woman who had received treatment until there has been an 18-month consultation with young people. I will return to the nature of the consultation. To begin, I point out two things. First, on 19 and 20 May, the whole of the House of Commons, on the Floor of the House of Commons—before the Bill was debated in Committee—discussed the issue we have come to know as the need for a father. They did so and, happily, reached the same conclusion as Members of this House: this legislation should reflect the fact that we now have civil partnerships in this country and that there are families of same-sex couples with children. The amendment is unnecessary for another reason: this provision was debated extensively in your Lordships’ House. Many noble Lords took part in debates at Second Reading, in Committee, on Report and at Third Reading, where some made Second Reading speeches also. The matter was given a great deal of time. I say that to make the following point. Members of this House decided earlier this year that we should have legislation that acknowledges the existence of those families. It did not do so lightly or without consideration of the best interests of children. Members of this House bothered to read research findings that were presented to them. Some of it, such as the dossier provided by Christian Action Research and Education, turned out not to be research at all but merely anecdotal opinion. The sociological studies that the noble Lord, Lord Patten, mentioned have been going on for some considerable time. Professor Susan Golombok and other colleagues at Cambridge, who are the foremost academics on research into families and fatherhood, presented information that was made freely available to all noble Lords. Some of us, who are diligent enough to believe that it is our duty to look after the best interests of children, read that research and arrived at a conclusion. Some Members of this House do not accept the conclusions that the majority reached and would rather that civil partnerships did not exist. I think that some Members of this House would rather that gay people did not exist, but they do. They do. The whole point of this legislation was to ensure that children born into those families receive the same legal recognition and protection as other children. What will be achieved by doing what the right reverend Prelate asks? It will defer indefinitely protection for a very small group of children who live in families, meaning that they do not have the legal protection of both their parents. They will not be able to inherit property and financial support as other children do. The right reverend Prelate talks about consultation. Which children and young people would he consult? What would he ask them, and what would he do with the results of the consultation? If we have learned anything over the past 10 months, during which we have looked into all the matters in the Bill, it is that it is very easy for two groups of people to present the same issue completely differently and to elicit from the public diametrically opposite results. I do not believe that that is how we should treat matters of such importance. It is the role of Members of Parliament to consider all the best evidence before them and to come to what they believe is a legislative framework that will look after the rights of children. We are where we are today in our society. The noble and learned Baroness, Lady Butler-Sloss, was right to remind us of Section 1 of the Children Act. The rights of children are paramount, and some of us who disagree with other noble Lords who have already spoken have kept that to the forefront of our mind throughout debates on this legislation. We have come to the conclusion that it would be right to reflect civil partnership in all its implications and to ensure that children who at the moment do not have the opportunity to grow up in stable and secure families can do so. I hope that noble Lords will recall our earlier discussions and resist the right reverend Prelate’s amendment.