My Lords, I too thank the noble Baroness, Lady Hodgson, and Tim Loughton for their work on the Bill, which in all main areas seeks to deliver equality and fairness—a task we
failed to complete during the passage of the Marriage (Same Sex Couples) Act 2013. I say to the noble Baroness that I will certainly be as co-operative as I can, but I may not be so friendly with the Minister, because there are areas that the Government need to address.
First, on changing the law so that opposite-sex couples can form civil partnerships, in the Commons the Government, while supporting the general principle, expressed the belief, as we have heard, there were still several issues to be worked out. Tim Loughton’s new clause makes no prescription about the method, wording and reach of the legislative change required, leaving that to the Government. I therefore welcome the remarks made by the noble Baroness to the effect that she is working with the Government to prepare a suitable amendment—to be considered in Committee, I hope—which would give powers to draw up appropriate regulations for equal civil partnerships by the end of 2019. That is very welcome, but I share the concern of many that the Government may be using things such as consultation to drag their feet. We cannot wait any longer.
Talk of dragging feet brings me to my second bit of unfinished business from 2013. During the passage of the 2013 Act, the Government, instead of accepting legal recognition of humanist marriage, proposed an amendment that mandated public consultation first, as well as taking the power to bring in humanist marriage by statutory instrument. In 2014, the Government held a consultation which revealed that over 90% of respondents were in favour of legally recognised humanist marriages. In 2015, the Law Commission reported that failing to grant humanists the same rights as religious people in marriage was fundamentally unfair. In June 2018, the Northern Irish Court of Appeal ruled that there is a human right to humanist marriage. I therefore hope that in her response today the Minister will say that, without any further prompting or delay, she will use the UK Government’s existing powers to legally recognise humanist marriages in England and Wales. I hope that will happen as soon as is practicable.
My third bit of unfinished business is our failure to deliver equal marriage for all citizens in the United Kingdom. A year ago, Karen Bradley, the Secretary of State for Northern Ireland, stated that same-sex marriage could be legislated for in Northern Ireland by the UK Parliament and that the Conservative Government would allow a conscience vote. My honourable friend Conor McGinn, to whom I pay tribute, introduced a Private Member’s Bill extending same-sex marriage to Northern Ireland on 28 March. It passed its First Reading but, at Second Reading in the Commons, it was blocked by a Conservative MP on 11 May and again on 26 October, and was rescheduled for debate on 23 November, before again being rescheduled to 25 January. Of course, the noble Lord, Lord Hayward, introduced an identical Bill to your Lordships’ House on 27 March and it passed its First Reading that day.
On 1 November, Royal Assent was granted to the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, which contains sections describing Northern Ireland’s same-sex marriage and abortion bans as human rights violations. That law does not legalise same-sex marriage in Northern Ireland, but it
directs the British Government to issue guidance to civil servants in Northern Ireland on the incompatibility of human rights with the region’s laws on those two issues. Again, I hope the Minister will not say that the Government will drag their feet on these issues but will commit to ensuring that all citizens of the United Kingdom are treated equally and fairly, as that Act attempts to do.
My final bit of unfinished business—I hope we will have a debate on this in Committee—relates to the role of the Church of England. In the context of the Bill, I should like to know whether it will continue to say yes to same-sex civil partnerships but no to same-sex marriage. In his recent book Reimagining Britain, the most reverend Primate addressed the tension between scripture and tradition on the one hand and contemporary reality on the other. He tells us that the Bible’s teaching on marriage is profoundly positive but, he notes, the social reality in modern Britain is radically changed today, with cohabiting, blended, single-parent and same-sex configurations. He continues:
“If fluidity of relationships is the reality of our society, then this should be our starting point for building values, because all values must connect with where people are and not where other people might like them to be”.
What are these values? According to the most reverend Primate himself,
“in Christian understanding, the core concepts of households and family include holiness, fidelity, hospitality and love above all, because God is holy, faithful, welcoming and overflowing in love, and any human institution that reflects these virtues also in some way reflects God”.
Surely, therefore, it is time for couples who wholeheartedly embrace those values to have the right to, or not to be refused, a blessing in their church simply because they are of the same sex.
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