Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to their Integrated Communities Strategy Green Paper, published on 14 March 2018, what progress they have made on exploring "the legal and practical challenges of limited reform relating to the law on marriage and religious weddings".
Answered by Lord Wolfson of Tredegar
As the Government has made clear, this is a difficult issue which requires careful consideration. The Law Commission is separately looking at aspects of the problem through their review of the law governing legal marriage ceremonies. The Law Commission has now consulted with a wide range of groups with an interest and is considering the responses received. The Government looks forward to receiving the Law Commission’s final report and recommendations later this year and will give them careful consideration.
The Government is aware that a separate Nuffield Foundation study, launched in September 2020 and due to report later this year, is investigating why marriage ceremonies occur outside of the legal framework for weddings in England and Wales. The Government will also wish to consider its findings.
Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for their fairness.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made on their commitment in the Integrated Communities Strategy Green Paper, published 14 March 2018, to "explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings".
Answered by Lord Keen of Elie
The Government continues the exploration of both limited reform and non-legislative options that it began in detail last Spring. We are doing so with the greatest care. Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for their fairness to all religious groups and for how far they could achieve the change of practice intended.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to amend the Marriage Act 1949 to make it a legal requirement for couples to civilly register their marriage before, or at the same time as, their religious ceremony.
Answered by Lord Keen of Elie
The law has long made provision for couples, including Muslim couples, to marry in their place of worship in a way that gives them legal rights and protections. The Government shares the concern that some people may nonetheless marry in a way that does not, and without appreciating the consequences.
The independent Sharia review has recommended an offence apply to religious celebrants marrying in a ceremonythat is outside the ambit of the Marriage Acts.. Any legislative proposal, including such an offence, must be thoroughly assessed for its fairness to all religious groups and for how far it could achieve the change of practice intended. That is why it is with the greatest care that the Government is continuing the exploration of both limited reform and non-legislative options that it began in detail in the spring.
Separately from this exploration, the Law Commission has begun its weddings project. It will make recommendations for how the wider law on getting married in England and Wales can be systematically reformed in a way that is simple, fair and consistent.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made on their commitment in the Integrated Communities Strategy Green Paper to "explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings."
Answered by Lord Keen of Elie
The law has long made provision for couples, including Muslim couples, to marry in their place of worship in a way that gives them legal rights and protections. The Government shares the concern that some people may nonetheless marry in a way that does not, and without appreciating the consequences.
The independent Sharia review has recommended an offence apply to religious celebrants marrying in a ceremonythat is outside the ambit of the Marriage Acts.. Any legislative proposal, including such an offence, must be thoroughly assessed for its fairness to all religious groups and for how far it could achieve the change of practice intended. That is why it is with the greatest care that the Government is continuing the exploration of both limited reform and non-legislative options that it began in detail in the spring.
Separately from this exploration, the Law Commission has begun its weddings project. It will make recommendations for how the wider law on getting married in England and Wales can be systematically reformed in a way that is simple, fair and consistent.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the ruling by the Grand Committee of the European Court of Human Rights in the case of Molla Sali v. Greece on the application of sharia law, issued on 19 December 2018; what plans, if any, they have to (1) provide support to women and girls in the UK who suffer as a result of the application of sharia law, and (2) ensure that relevant vulnerable people are made aware of their rights in relation to the application of sharia law within the UK judicial system.
Answered by Lord Keen of Elie
The Grand Chamber found that the difference of treatment suffered by the applicant, as a beneficiary of a will drawn up in accordance with the Greek Civil Code by a testator of Muslim faith, as compared to a beneficiary of a will drawn up in accordance with the Civil Code by a non-Muslim testator, had no objective and reasonable justification, contrary to the applicant’s rights under Article 14 of the European Convention on Human Rights read in conjunction with Article 1 of Protocol No. 1 to the Convention. The Government’s initial assessment is that the judgment does not affect inheritance law in England and Wales. Inheritance law in Scotland and Northern Ireland is a devolved matter.
People may choose to abide by the interpretation and application of Sharia principles if they wish to do so, provided their actions do not conflict with the national law. All individuals retain the right to seek a remedy through the English and Welsh courts in the event of a dispute, and the law of England and Wales in relation to the inheritance of property prevails.
The independent Sharia review was published in February 2018. The Government’s commitments in response, including supporting awareness raising campaigns with voluntary organisations, can be found in the Integrated Communities Strategy green paper published in March 2018.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what was the total amount paid out for unlawful detention claims in 2017.
Answered by Lord Keen of Elie
Information for the 2017-18 financial year is still going through audit and validation processes. This will be available once these processes are complete.