Civil Partnerships, Marriages and Deaths (Registration etc) Bill

(Limited Text - Ministerial Extracts only)

Report stage (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 1, moved by my noble friend Lord Faulkner of Worcester and supported by my noble friend Lord Collins of Highbury, seeks to provide the Church of England and the Church in Wales with the ability, if they choose to do so, to opt in to the Bill’s provisions when it becomes an Act of Parliament. Nothing in the amendment seeks to compel either Church to do anything if they decide they do not want to or they decide they want to take this step at some point in the future. That is the right thing to do, with the state making it possible if the two Churches want to do something. We should not stand in the way of the Church and any decisions it might make in the future.

My noble friends Lord Faulkner of Worcester and Lord Collins of Highbury set out clearly why this amendment should be supported. I fully endorse all their remarks. It is a facilitating amendment and we should put no obstacle in the way so that this change can happen in future.

I have many friends who are gay and I have attended many civil partnerships and marriages. People who love each other wanting to make commitments to each other is something we should all support. The first ever civil partnership I attended was that of my noble friend Lord Cashman when he joined together with Paul. Of course, we were not noble then: it was just Paul and Michael, and Alicia and Roy. It was a lovely, wonderful day. I will never forget it and nor will Alicia. It was a wonderful time and Paul was a wonderful man.

I was brought up a Catholic in a Catholic household. I must admit that I am not a regular churchgoer, but I regard myself as a Catholic. My parents are from the Republic of Ireland, so I come from an Irish Catholic background. I have been hugely impressed with the Church of England in this House. I was always impressed by the Church and the work it did when I was a local councillor in Southwark. I always remember Reverend Shaw who ran St Paul’s, but I never met a Church of England bishop until I came into the House of Lords. I knew a few Catholic bishops but I had never met a Church of England bishop. I am hugely impressed by the work that the Bishops do in this House. They bring a breadth of experience and understanding that really helps our work.

I very much hear the right reverend Prelate’s comments. I am also impressed at how the Church of England has gone on a journey on a number of issues. In the end, things have moved remarkably quickly. I hope that discussions will take place in the Church at some point and that it can make these decisions, but I accept that that is a matter for the Church. I fully support the amendment and the intent behind it.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank all noble Lords who spoke in the debate, particularly the noble Lords, Lord Faulkner of Worcester and Lord Collins of Highbury, who outlined the various challenges here. As the noble Lord, Lord Collins, articulated, this amendment is in a way a message for the Church. He outlined the progress that the Church of England has made, while the noble Lord, Lord Faulkner, articulated some of its lack of progress. If we were to sum it up, the message is one of leadership and determination. This will be a matter for the Church, but I am very grateful to the right reverend Prelate the Bishop of Oxford for his thoughtful explanation of the current situation.

The noble Lord, Lord Faulkner, also talked about the support the Church has given to this agenda to try to move it forward. My noble friend Lord Elton talked about the message we of the pew can send to the synod in making progress in this area. But clearly, the Government have to resist the amendment. It is probably best for me to go through the Government’s position regarding what we can do.

The amendment’s aim is to require the Secretary of State, by regulations, to make changes to the Marriage (Same Sex Couples) Act to allow the Church of England and the Church in Wales to opt in to the provisions of that Act, which allow them to solemnise the marriage of a same-sex couple, as noble Lords have said. It requires these regulations to be made through the affirmative procedure and to come into effect within six months of this Bill receiving Royal Assent.

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[Lord Kennedy of Southwark]

I accept the point that the noble Lord makes; perhaps we can chat about it outside the Chamber. I accept that this is fairly wide of the Bill. I accept that Irish is spoken in schools, which is why I do not understand why there is such a problem, personally. Anyway, I will leave it there with the other issues, and I look forward to the Minister’s response.

[Baroness Williams of Trafford]

My Lords, I thank everyone who has spoken in what has been quite a wide-ranging debate, and in particular my noble friend Lord Hayward for moving the amendment. I am also grateful for the conversations I have been able to have with him in the past few days on the matter.

The Government are rightly very proud of their role in demanding and defending LGBT rights. We are proud to have introduced same-sex marriage in England and Wales, for which we have legislative competence, and that the Scottish Government followed that lead shortly afterwards. Of course we want Northern Ireland do likewise and legalise same-sex marriage. The Prime Minister shares this view and has said so on a number of occasions.

I commend my noble friend Lord Hayward for his determined commitment on this issue. I know that many people—and the list is clearly growing—in Northern Ireland and further afield greatly appreciate his efforts, as demonstrated by his recognition recently by PinkNews as its politician of the year. I also pay tribute to the many others who have campaigned and shared personal and very poignant stories in support of his amendment.

Same-sex marriage is a devolved matter, as noble Lords have said. The proper and best place for it to be addressed is in the Northern Ireland Assembly, by Northern Ireland’s elected representatives. The Secretary of State for Northern Ireland’s top priority remains to restore the Executive and Assembly at Stormont; this should be the focus. There is a need to rebuild political dialogue and she continues to encourage the parties to come together to work towards restoring devolved government, including in a recent meeting with the five parties to progress this objective.

It is important that any legislation legalising same-sex marriage in Northern Ireland is afforded a level of consultation, debate and scrutiny, using the precedents of the UK and Scottish Governments. Legislation should be developed having taken into account the wide range of views on this issue in Northern Ireland, as well as the various legal requirements. My noble friend Lord Hayward knows that we do not think that this Bill is the right vehicle for extending same-sex marriage to Northern Ireland. We have concerns about the drafting of the amendment, in particular the nature of the duty it would place on the Government.

It is not clear that the amendment would allow for all the legislative changes needed to fully implement a same-sex marriage regime in Northern Ireland equivalent to those in England, Wales and Scotland. For example, the introduction of same-sex marriage in England and Wales necessitated the amendment of more than 50 Acts of Parliament. The Government have heard the growing calls for change, and much progress has been made since my noble friend Lord Hayward introduced his Private Member’s Bill in March last year. Parliamentarians have played an important part in continuing to raise the profile of this issue, and I hope that, despite the potential disappointment that some people will feel today, everyone will have listened to the debate and the growing support on all sides of the House.

I will add one very important final point. We support the principle of my noble friend’s amendment—that it is right for same-sex marriage to be extended to Northern Ireland by a restored Executive—and we recognise that the ongoing absence of devolved government is having an impact on addressing this issue. We would encourage a restored Executive to progress legislation on this issue as one of the first things that they do. On that note, I hope that my noble friend will be content to withdraw his amendment.

[Baroness Hodgson of Abinger]

My Lords, I thank the Minister for her remarks on this important issue, and my noble friend Lord Hayward and the noble Lord, Lord Collins, for tabling the amendment. The Minister has expressed her view, and it is clear that this issue cannot be resolved easily through this Bill and at this stage. Frustratingly, we will need to show a little more patience, but I am assured that conversations are ongoing. I know that we all want to see this issue resolved. I too have had a very large postbag on this Bill, and I know that a lot of people are anxious for it to go through without further amendment. In the light of that, I hope that my noble friend will withdraw his amendment so that it does not undermine the progress we are making on the important matters on which the Bill touches.

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[Baroness Williams of Trafford]

I thank the noble Baroness, Lady Barker, for prompting this debate on the provisions contained within the Bill relating to the coronial investigation of stillbirths. I am aware of the reservations which the noble Baroness has in relation to the scope of the power contained within Clause 4(4) of the Bill, but I hope that what I am about to say will reassure her.

The amendment, like the one we debated in Committee, would remove from the Bill an important provision that will allow for the extension to parents of stillborn babies the same transparent and independent investigation into their loss that is granted to the parents of a newborn baby whose life ends soon after birth. This power is needed because the provisions for the exercise of coronial powers are limited to very explicit duties which do not provide for coroners to undertake an investigation of a still-born baby.

As I said in Committee, we shall consult on this issue. The consultation will be wide-ranging and will seek views from a number of interested parties, including, as the noble Baroness asked, the Royal College of Obstetricians and Gynaecologists, whose members provide crucial services to all expectant mothers. We recognise that, while there are those who are keen to see this change, there are others who have well-considered reservations, and it is important for us to hear from them.

Clause 4 provides that the Secretary of State will report on the question of coroners investigating stillbirths and, having consulted and produced that report, if the conclusion is that coroners should indeed investigate stillbirths, the Government should then move forward in a timely way. Clause 4(4) provides the mechanism to do that, with the safeguards provided at Clause 4(5) and Clause 4(6) appropriate to the changes that are in scope. I reassure the noble Baroness that, if the Government decide to proceed with giving coroners powers to investigate stillbirths and draw on the power provided at Clause 4(4), we will publish our regulations before they are laid in Parliament. This additional scrutiny will ensure that robust and well-understood provisions for changing Part 1 of the Coroners and Justice Act 2009 are brought before Parliament. Should we make such change, the Government will also undertake a post-implementation review within two years of its implementation.