It is a pleasure to follow the hon. Member for Cambridge (Dr Huppert). I will address many of the issues he has raised. As he said powerfully, the amendments seek to provide some small right to the dreadful wrong that has been done to those couples who were forced by the state to annul marriages in order for one of them to avail themselves of their most basic civil rights.
Amendments 18 and 22 are in the name of the hon. Member for York Central (Hugh Bayley), who is unable to be in the Chamber today because he is attending the spring session of the NATO Parliamentary Assembly. I gladly agreed to speak to the amendments as the second signatory, because I have long been concerned to see that injustice rectified.
I shall provide the House with the case example that led the hon. Gentleman to table the amendments. His constituents have been married for 35 years as man and wife. The Gender Recognition Act 2004 forced them to annul their marriage, which they did in 2007, so that the male-to-female transsexual in the relationship could obtain a gender recognition certificate in her acquired gender and get on with her life. The legislation did not allow the couple to continue to be married even though they wanted that. Both were extremely clear that they wished to stay together and did not want a divorce. They had cared for, supported and loved each other as a married couple for more than 30 years, and wanted the care and support they mutually offered each other to continue in the years ahead. They wanted to keep their family together for their own sake and for the sakes of their children.
Since being forced to annul their marriage, the couple have lived together as two women in a civil partnership. They entered into a civil partnership on the very same day their marriage ended and still live together, but they should never have been made to annul their marriage, even if an alternative legal mechanism was available in the form of a civil partnership. They have lived together continuously for 44 years and it is their marriage anniversary that they still celebrate. For many couples, annulment was deeply distressing and not something of mere technical and legal significance.
As I think we would all recognise, reasons for marrying and making a public commitment are intensely personal and varied. For some, marriage is not just about legal practicalities, and the blunt replacement of one legal mechanism with another is not the end of the matter. Other hon. Members will have similar cases. The number of people involved is not large—a point I will come on to in a moment—but the injustice done to them is real. We ought to take this opportunity to go some way to righting the wrong done.
What can the Government do to make amends? Amendment 18 proposes to require the Government to make a one-off compensation payment from public funds to couples whose marriages were annulled, to permit a person to obtain a gender recognition certificate and enter into or continue to maintain a civil partnership; or to those who have continued to live together as a couple in the same household since the annulment of their marriage, but who did not choose to go down the route of a civil partnership. It is a simple principle: married couples forced by the state to have an annulment that they did not want should be compensated by the Government by way of an apology for the distress and
cost incurred as a result of the annulment of their marriage. The amendment proposes a nominal sum of £1,000. The public expenditure implications would be negligible—we know the numbers are small, as I will go on to explain in a moment. The £1,000 compensation payment would be far less than the cost for couples who have had to pay for a divorce and a civil partnership ceremony.
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A written question, answered by the hon. Member for Maidstone and The Weald (Mrs Grant), the Minister with responsibility for equality, confirmed that 151 interim gender recognition certificates were made—the certificates given when someone seeking full legal recognition is in a pre-existing marriage. The interim certificate could be used as grounds for annulment. After annulment, a full certificate giving the long sought-after civil rights could then be issued. Some of those 151 couples will have gone on to divorce and continue to live with, or form civil partnerships with, their former spouses. It is only they who would be eligible for compensation under the amendment, so the cost would probably be no more than tens of thousands of pounds and could not, at the absolute maximum, be any more than £151,000. The financial implications of the amendment, therefore, are tiny to the point of being negligible. This is about a symbolic apology: the state apologising for having, as the hon. Member for Cambridge put it, stolen those marriages.