My Lords, I welcome the tone of this debate and accept that the main purpose of the amendment is to translate the rules as applied in the rest of the UK to Northern Ireland. To that extent, it is welcome. Indeed, there was strong debate around the idea that there was never any attempt to force anyone to be involved in same-sex marriage or be required to perform or officiate at such a marriage. That was absolutely clear. The law makes that clear and I accept it entirely.
But I have two concerns. I have a slight concern about proposed subsection (1A)(d) in the amendment, which relates to protecting freedom for discussion,
“including urging persons to refrain from marrying a person of the same sex”.
That could become a pressure or indeed the beginnings of trying to convert people away from the idea of same-sex marriages. I draw attention to Schedule 7 to the same-sex marriage Act, which states:
“for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of it felt to be threatening or intended to stir up hatred”.
So it is not in itself an expression of hatred, but it could be in the way that it is applied. I have a slight concern that the amendment is unclear.
The other concern is about the role of education, which has caused plenty of problems on the mainland, never mind in Northern Ireland, on issues relating to gay rights and so forth in general. In that context, there are two issues that I think the movers of the amendment can take comfort from but should be aware of. First, teachers need to teach the facts. It is important that in any context, particularly if it happens in Northern Ireland that same-sex marriage is legalised, the fact of the law and the rights of that should be made clear in schools even if the school has a religious connotation that says, “We in our faith don’t necessarily agree with it”. The school has to accept that it is the law and that people are entitled to get married in that context.
Secondly, it is of course right for a school with a religious background to want to communicate its religious beliefs—and nobody is challenging people’s right to believe what they do. Nevertheless, in the process of doing that, discussions about the issue of same-sex relationships should be done in an appropriate, reasonable, professional and sensitive way. Some of that is difficult to put into law. It is about the culture and the environment in which the issue is expressed.
Many of us would reasonably accept that the speed with which people have moved from resistance to same-sex marriage to wide acceptance has been remarkable. That is very welcome for those people who experienced frustration and prejudice in not being able to get married. I suspect that, in spite of the arguments to the contrary, things may move more quickly in Northern Ireland than some people think. The noble Lord indicated that progress has been made in that direction and it is one area where contributions from outside this House say that it is now an accepted fact.
The amendments are understood. They recognise that people have a right to believe and they should be allowed to preserve that belief, but the balance is that they have to be careful that they do not impose those beliefs or share them and use them to extend prejudice.