I too have my name down to the amendment in the name of the noble Baroness, Lady Deech, and I support the move to extend the period from two years to five. I support it because it makes a bad Bill a slightly less bad Bill, but I certainly do not support Amendment 4, to which we will come later, which seems to undermine the very purpose behind Amendment 1. I also have to say that I am now in a state of slightly greater confusion on the whole matter of that period of two years or five years. I always thought it would cause problems and therefore create work for the lawyers—which the noble Lord, Lord Lester, always denied—because there is always the problem of defining when that period of two years started. Did it start with this one-night stand, as it were, or that one-night stand, or whatever? Does it start when the toothbrush moves into what becomes the joint home? We all know what these things are like.
I am now told that it is not just a continuous period of two years or five years; it can be a whole series of a week here, a week there, a week whenever; so we have even greater evidential problems of defining how and when that two or five-year period lasts. No doubt the noble Lord, Lord Lester, who seems to have grabbed this group of amendments, will, when he comes to respond, let us know something about those evidential problems of defining the two years and the five years.
I move on to Amendment 4. I shall try to be brief, bearing in mind what the noble Lord, Lord Lester, had to say. As I said, I believe this undermines what the noble Baroness, Lady Deech, and I are trying to do in Amendment 1, and therefore, I will oppose the amendment. I appreciate that the two amendments are grouped and they appear together in the groupings, but I will just remind the noble Lord, Lord Lester, of the mantra that is attached to the list of groupings produced every day by those who serve us in this House. It says: ""Although every effort is made to secure agreement to these groupings, they remain informal and not binding. It is therefore open to any Peer to speak to an amendment in its place on the Marshalled List"."
Therefore, I will—along, I presume, with the noble Lord, Lord Lester—support Amendment 1, because I think it will improve the Bill. However, when it comes to Amendment 4, I certainly will not support that amendment and I do not feel that I am bound by the groupings to accept it.
Cohabitation Bill [HL]
Proceeding contribution from
Lord Henley
(Conservative)
in the House of Lords on Thursday, 30 April 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Cohabitation Bill [HL].
Type
Proceeding contribution
Reference
710 c416-7 
Session
2008-09
Chamber / Committee
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Subjects
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