I thank the noble Lord for his intervention; perhaps I should have prefaced my “evidence” with “sufficient”. We are certainly always open to receiving evidence because that is the best way to make law.
As a government Minister, I cannot of course comment on the ecumenical purpose of the Bill or on the practices of denominations. These are matters for others to determine, in their own way and their own time. I see that only this month, the General Synod of the Church of England has done just that in welcoming a joint report with the Methodist Church on how the two Churches can work more closely together, including in what they speak of as an interchange of ministries. The report is called Mission and Ministry in Covenant; I note that its authors acknowledge that they have built on the foundations of dialogue between the two Churches over many years, as mentioned by the noble Lord, Lord Griffiths. They also recognise that there is still much work to do. It is clear to me, then, that if Churches wish to take the initiative to work closely together, it is not a change that can be achieved overnight. Instead, it takes long consideration and, no doubt, prayerful reflection.
With all this in mind, and repeating that the Church’s position is sufficient reason for the Government not to support the Bill, I turn now to the detail of what my noble friend has proposed. Clause 1(2) makes it clear that the proposal would extend to peculiars, royal or otherwise. The Government would wish to approach very cautiously any proposal from outside the Church that affected royal peculiars in particular, since they come under the direct jurisdiction of Her Majesty the Queen.
Clause 1(3) requires that the proposed marriages are solemnized and registered only by a minister licensed to perform marriages in a church of another denomination. The existing law sets out that a marriage in another denomination’s registered building must
take place in the presence of either a registrar or an authorised person. This authorised person will usually be a minister of religion, but not necessarily. The law does not require a minister to perform a marriage, only that the marriage should take place in the presence of the people required by statute. Furthermore, notice of such a marriage could not be given by the reading of banns, and the Marriage Act 1949 would require further amendment to provide for a superintendent registrar’s certificate to authorise marriages by other denominations in Church of England churches and chapels. The existing law provides for offences relating to the solemnization of marriages; the Government would also need to consider whether these offences ought to be extended.
Clause 1(4) presents a problem of definition. I am aware that there is potential for dispute about which groups constitute a Christian denomination. Whether this is justiciable would be a matter for the court. Lord Ramsey, as the then most reverend Primate the Archbishop of Canterbury, understood this difficulty when he introduced his Private Member’s Bill nearly 50 years ago. Now known as the Sharing of Church Buildings Act 1969, it extended to the denominations which had taken part in the negotiations for the actual construction of the Bill. Furthermore, it provided a mechanism so that other denominations could apply to various Christian umbrella organisations to have the Act extended to them. Although not the prime intention of Lord Ramsey’s Bill, a consequence of a sharing agreement made locally with the Church of England under this Act is that other denominations may solemnize marriages in the Church of England building concerned. The requirements of the Act must be met, including that the other denomination has the building certified and registered in the usual manner.
I have endeavoured to be helpful to the House in setting out these points in detail. It remains the case that the fundamental issue for the Government is the Church of England’s position on its own affairs. Because the Church does not support the Bill, I must, as a matter of principle, express the Government’s reservations about the Bill.
I turn briefly to the point raised by the noble Lord, Lord Alton. He spoke very movingly of how differences in religion can affect families and communities, and the benefits of practical ecumenism. I accept his point that marriage is symbolic because it is a union—a coming together. None the less, families and communities have overcome their differences by themselves without changing the law. If one denomination is willing to involve another at an appropriate point in the marriage ceremony, that will surely be most welcomed by families and communities. That, however, remains a matter for the people involved, not for the Government.
The noble Lord, Lord Beith, commented on non-C of E participants in C of E weddings. He said that there are certain parts of the marriage in the Church of England that cannot be performed by ministers of other denominations. But in any marriage, whether religious or civil, there are certain requirements that must be met and the presence of certain people is required. My noble friend Lady O’Cathain helpfully noted these in her contribution.
I remain grateful to my noble friend Lord Deben for bringing this matter before the House today and encouraging such an interesting debate. I know that many of your Lordships have a close interest in these matters—in how different denominations work together in sharing their faith and witness. This has been a fruitful debate that has drawn on long reflection and wide experience from across the House. I should therefore like to thank all noble Lords who have taken part today.
11.25 am