Cohabitation Bill [HL]

I certainly did not intend to be rude and I apologise if I seem to have been impolite. I shall therefore proceed as quickly as possible so that there is ample opportunity for others across the Committee who support the amendment to speak. We can then deal with the later amendments as speedily as possible. I think I have explained that the Law Commission has suggested that a period of two to five years would be appropriate. A five-year period would protect those in longer-term relationships, and it is arguable that there is more likely to be a financial imbalance in such a relationship. There are arguments in favour of the two-year period because there can still be significant unfairness and hardship where people have lived together for less than five years. We would support this amendment, but alongside Amendment 4 which provides a discretion to waive the five-year qualifying period in cases of exceptional hardship. It is important to be clear that the Bill also protects cohabitants with children. Under the Bill, a child’s primary carer can apply for financial support whether or not they have lived with the child’s other parent for five years. That is vital for the following reasons. First, the number of people cohabiting is continuing to increase, as is the number of children being born to cohabiting couples. Cohabiting is now the fastest-growing family type, and by the second quarter of 2008 the proportion of dependent children living with cohabiting couples had increased to 13 per cent from 8 per cent in the same period during 1997. Secondly, the existence of children makes it more likely that one partner will suffer the economic disadvantage if he or she is the primary carer of the children. The current law affecting cohabiting couples takes no account of their relationship and does not aim to achieve a fair outcome between former partners. The vast majority of unmarried primary carer parents cannot secure provision for childcare costs from the child’s other parent to enable them to work. Thirdly, children’s financial wellbeing is dependent on that of their parents. The risk of poverty is exacerbated for children of separated cohabitants because of the current lack of financial protection for dependent partners. So, that is why we originally put in the two years. We seek to increase it to five years because we are very anxious that this Bill should be as cost-effective as possible and there should not be any unnecessary public expenditure incurred. We well understand the Government’s dilemma because of the current economic recession. That is why, subject to the discretion in the other amendment with which this is grouped, we are strongly in favour of adopting a more conservative approach of extending the period from two years to five years with the discretion. I beg to move.