Curriculum and Assessment Review

Baroness Royall of Blaisdon Excerpts

Monday 10th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

We believe we will deliver an improved version of Progress 8 that balances a strong academic core with breadth and student choice, reflecting the importance of a curriculum that supports high standards. That improved Progress 8 will recognise the value of subjects, including the arts, which strengthen our economy and society, and the importance of a broad pre-16 curriculum. As I have already said, it will maintain the focus on languages and on humanities. It has the potential in the consultation to strengthen the role, for example, of triple science, which is very important for enabling students to access further science study. We will of course listen carefully to the points that come forward in the consultation.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I warmly welcome the review and the Government’s response. I particularly welcome the emphasis on preparing young people for a changing world and the statutory requirement to teach citizenship at key stages 1 and 2. This is imperative in order to make the democratic process relevant to young people, but also for respect in politics. The Jo Cox Foundation, which I chair, highlights that, and the Speaker’s Conference noted that 96% of MPs have been subjected to harassment. That cannot be good for democracy. Can my noble friend reassure me that citizenship will be properly taught by properly qualified teachers?

[Baroness Smith of Malvern (Lab)]

I strongly agree with my noble friend, not least because I preceded her as the chair of the Jo Cox Foundation. We agree with the review that people should be taught the skills and knowledge they need to be active, informed and responsible citizens from an early age. As my noble friend says, it was one of the recommendations of the Jo Cox Civility Commission that there should be a better focus on the nature of government and the responsibilities of politicians in the school curriculum, in order to support not only better understanding but to reduce the unacceptable levels of abuse that elected officials face. I am glad that this Government have delivered that.

Household Support Fund

Baroness Royall of Blaisdon Excerpts

Tuesday 30th January 2024 Lords Chamber

[Viscount Younger of Leckie (Con)]

I will need to check, but I feel certain that that will be the case. I will write to the noble Baroness if I am wrong. It is a very good point.

[Baroness Royall of Blaisdon (Lab)]

My Lords, in answer to my noble friend Lord Blunkett, the Minister mentioned the £600 million recently announced for local councils. My noble friend suggested that, even when Sheffield has its allocation of that money, it will still not be enough and will not provide the desperately needed assistance that clearly comes at the moment from the household support fund. How do the Government think that local councils will be able to provide the sort of support that the household support fund gives if it is not there?

[Viscount Younger of Leckie (Con)]

Fairness should be at the heart of this. I reassure the noble Baroness that we are providing support to households, directly and indirectly, to help with the high cost of living, worth around £104 billion over 2022-23 and 2024-25. This includes raising working-age benefits by 6.7% and state pensions by 8.5% from April next year.

Pension Protection Fund and Pensions Regulator

Baroness Royall of Blaisdon Excerpts

Thursday 13th July 2017 Lords Chamber

[Baroness Buscombe]

That will be shortly.

[Baroness Royall of Blaisdon (Lab)]

My Lords, will the Minister join me in welcoming the decision of the Supreme Court yesterday, which will enable lesbian and gay couples to have the same pension rights as heterosexual couples?

Child Support: Unpaid Maintenance

Baroness Royall of Blaisdon Excerpts

Thursday 30th March 2017 Lords Chamber

Asked by

[Baroness Royall of Blaisdon]

To ask Her Majesty’s Government what action they are taking to expedite the collection of over £3 billion in unpaid child maintenance which was ordered by the former Child Support Agency.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Henley) (Con)]

My Lords, the main focus of the Department for Work and Pensions is to collect money owed that will benefit children today. It is well established that much of this old debt is uncollectable due to its age and the circumstances of these cases. The department is currently developing a new strategy for handling historic arrears accrued on Child Support Agency schemes. We will consult on the proposed approach before publishing the new strategy.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I simply do not think that is acceptable because, according to a withering NAO report, around £3 billion in child maintenance is likely to be uncollectable. The Government say that they are offering parents a fresh start by suggesting that they write off debts to which their children are legally entitled. These are some of the poorest children in society, suffering as a result of incompetence and cuts in enforcement work, so why do not the Government restore staffing levels, step up enforcement and ensure that the new Child Maintenance Service is obliged to collect outstanding debts?

[Lord Henley]

My Lords, I would be more than happy to accept the noble Baroness’s assessment that this is withering and the figures are astronomical if we were talking about figures that related to the children who are likely to benefit today. A lot of this £3.9 billion—sorry, £3.8 billion; there are different figures according to different things—goes back a very long way to the 1993 scheme. Some of it goes back before the reforms introduced in 2003 by the Government of whom the noble Baroness was a member, and some of it goes back before 2008. If the noble Baroness thinks about the number of years that have passed, she will realise that those children are now grown up and will not benefit from recovering that money. It is very sad that absent parents have behaved badly. The only people who have lost out—as the noble Baroness put it—are those children. However, we are concerned about the children of today and to make sure that matters operate properly now, and that the money owed by absent parents, where the department has a role in trying to enforce that, gets paid to the caring parent so that the appropriate children benefit. I am terribly sorry but a lot of that £3.9 billion is in effect lost, as the noble Baroness said, to those children who are no longer children now.

Universal Credit: National Rollout

Baroness Royall of Blaisdon Excerpts

Monday 28th October 2013 Lords Chamber

[Lord Freud]

My Lords, I can assure noble Lords that there is no shortage of people overseeing this particular programme. I do not really think that there is a need for another layer.

[Baroness Royall of Blaisdon (Lab)]

My Lords, undoubtedly the Minister is right that there are an awful lot of people overseeing the process, but the suggestion made by the noble Lord, Lord Cormack, is a good one. There may be better people to oversee the process. The noble Lord was generous in his tributes to my noble friend, but he did not answer the Question. My noble friend is still a valued member of the Front Bench and speaks on the Department for Communities and Local Government.

The DWP has estimated that a three-month delay in transferring cases to universal credit would reduce savings by £240 million in the current spending review. Will the Minister please tell the House how this reduction is to be funded?

[Lord Freud]

My Lords, I am not aware of any such mathematics. We have always said that we will introduce universal credit in a safe way and that we will adjust the timetable in the light of experience. We now have Howard Shiplee on board, and he is immensely experienced. He produced the Olympic Park on time, and he is working to make sure that we have a plan that will introduce this programme effectively.

Atheists and Humanists: Contribution to Society

Baroness Royall of Blaisdon Excerpts

Thursday 25th July 2013 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I, too, am grateful to my noble friend Lord Harrison for providing me with an opportunity to listen to a truly fascinating and wide-ranging debate. I regret that I did not have time to research and read about the religious and philosophical issues that have been raised this afternoon, but my appetite has certainly been whetted and my summer reading pile will certainly be added to as a consequence.

At the moment my head is spinning, but I know that I am proud to be a member of the pluralist Labour Party. I have not had time to clarify my own thoughts but I envy those noble Lords who are so sure of their own beliefs or non-belief. I respect those of all religions and none but I do not respect intolerance in any shape or form, and I utterly condemn oppression and certain practices which are carried out in the name of religion.

I was brought up in the Church of England and it shaped much of my life and my values. However, I now find that I share the view expressed by the noble Lord, Lord Rees, who said in an interview after he had been awarded the Templeton Prize that although he has no belief he goes to church, which for him is,

“a common traditional ritual which one participates in as part of one’s culture”.

It truly is part of my culture. I love the words and the hymns and I go to church from time to time. There is a certain chapel with the most beautiful stained-glass windows in Gloucester Cathedral where I find solace, but I have no belief in a god or in an afterlife. Does that make me an atheist or a humanist? I do not know, but I certainly espouse the ideals of humanism, so perhaps I am a humanist who likes going to church and who delights in the Church of England’s compassion, companionship and culture. I feel comfortable, however, not having any sort of classification; perhaps I am like the verger mentioned by the noble Baroness, Lady Meacher. Like her, I certainly support the Assisted Dying Bill.

As this debate has confirmed, the distinction between humanism and atheism is blurred, but the universal values of humanism are clear—respecting and promoting freedom, democracy, human rights and the rule of law; celebrating human achievement, progress and potential; being co-operative, and working for the common good. Those are values that are of course shared by the great religions.

[Baroness Flather]

The noble Baroness said that the distinction between humanism and atheism is blurred. I think that humanism is a group activity, while atheism is totally personal—it is different.

[Baroness Royall of Blaisdon]

I accept that, but many atheists are also humanists. I do, however, hear what the noble Baroness says.

We have heard this afternoon of many extraordinary British citizens who have made huge contributions to UK society—writers, scientists, philosophers—and today we celebrate the fact that they were atheists or humanists and have made very fine contributions. Most people, however, when learning the economics of Keynes, reading a novel by Ken Follett or Kingsley Amis, listening to a glorious piece of music by Vaughan Williams, or admiring the ceramics of Grayson Perry or a gown by Alexander McQueen, would not know that they were atheists. I was stunned, for example, when I looked at a list of great writers who were or are atheists and humanists, but that is my own ignorance.

There are millions of people today, as throughout history, who are non-religious and who believe that there is no afterlife and that the universe is a natural phenomenon. They conduct their good lives according to a moral code, without the aid of gods or scriptures, but on the basis of reason and humanity. However, they have no idea that they are humanists. If there were greater acknowledgement of the vast contribution of humanists to our country, I wonder whether more people would consider themselves to be humanists and would, for example, opt for a humanist funeral for themselves or their loved ones. More than 600 couples in England and Wales already choose to celebrate their marriage with a humanist ceremony, so I am delighted that, thanks to the amendment tabled by noble Lords and passed in this House, couples of the same and opposite sex will, in the not-too-distant future, be able to choose a humanist marriage. I am proud that noble Lords, as has been mentioned, were able to achieve this in the Marriage (Same Sex Couples) Act. This Act opens up marriage to more couples who love and commit to each other, so it is fitting that it will also open the way for humanists to marry in a ceremony that reflects their own deeply held beliefs. I agree with noble Lords that the shift in opinion in our own House is the result of the influence of younger people who are free of the burden of discrimination.

For me, it is not people’s beliefs or lack of belief that is important, it is their values, the ethos that governs their life and actions, and the beauty or excellence of their creation. Christians, Sikhs, Jews, Muslims, and Zoroastrians delight in the music of Sir Michael Tippett, or are gripped by the novels of Iain Banks. Atheists and humanists love the poetry of William Blake and the architectural glories of our cathedrals. My late husband Stuart was an atheist. He had strong values and a clear moral code, with which he imbued our children, but he often read the King James version of the Bible; he loved the beauty of the language, while tending towards the Marxist view that religion is the opium of the masses. I do not accuse the church or any other religion of capitalising on poverty or ignorance, but it is a fact that, all over the world, many poor people and those who have little or no access to education cling to religion in the hope of a better afterlife.

One of the questions raised many times today is about the place and influence of religion in our society: does the fact that there is a shift away from religious belief, especially among the young, mean that our society is suffering in some way? There are many reasons why society is changing, often for the better, and why lives are becoming more difficult, but I do not think that lack of religion is one of them. Of course, I recognise the invaluable role that churches and religions play in bringing people together and providing support, especially for the vulnerable. However, that coming together must not result in intolerant tribalism.

While I do not doubt the ability of young people to support each other, which has been mentioned, I agree with the noble and right reverend Lord, Lord Harries of Pentregarth, that perhaps humanists and Christians should work together in the search for a moral vision for the future, to counter the rampant individualism that has taken root.

It is rightly said, and was said during a debate on an Oral Question last week, that religious schools are often found in the most challenging areas and that they provide an excellent education. This is true, but many non-religious schools are also found in difficult areas and provide an excellent education. While I salute the work of, for example, Church of England schools—there are many in my own forest community —any school with strong leadership can provide a safe microcosm of a good society in which pupils can learn and grow. In that short debate, noble Lords made important points about the crucial need for integrated education in order to ensure community cohesion.

History is littered with conflict between those of different faiths and between those of faith and those of none, but the existence of the 24-hour global media means that tensions elsewhere in the world have a powerful influence on our own communities, which as a consequence feel fragile. I worry that the proliferation of religious schools, including free schools, could mean that tolerance, understanding and community cohesion could be diminished. As the right reverend Prelate said, we must work together with respect, and we must respect each other.

Clearly, the shared values that underpin a school, together with the nurturing of tolerance and understanding, are of the utmost importance, as is the curriculum. I was interested to see that the new national curriculum published earlier this month includes in the primary curriculum for the first time a module on evolution. While this represents significant progress from the current national curriculum, which is to be warmly welcomed, the British Humanist Association points out that it is also a serious step back from the draft programme of study, which included a module on evolution in year four. I certainly support the Teach Evolution, Not Creationism! campaign.

In the past few years we have had debates in this House on freedom of speech and freedom of religion in relation to the Equality Act and, most recently, the same-sex marriage Bill. These freedoms are the cornerstone of our democracy. I was delighted to learn that in June the European Union council of foreign affairs Ministers adopted new guidelines to help the EU promote freedom of religion and belief in countries outside the EU. They protect the non-religious as well as the religious. They also protect the right to change or abandon one’s belief, and the right to freedom of expression, including the right to criticise or mock religion or belief. They commit to protecting individuals and individuals’ rights to hold beliefs, but not to protecting the beliefs themselves. Does the Minister agree that this implies that the European Union will recommend the decriminalisation of blasphemy offences in non-EU countries? I certainly hope so.

Many great atheists and humanists have been mentioned this afternoon, but I will end with a quote from Thomas Paine, a British citizen who made an invaluable and incalculable contribution to the world. In Rights of Man, he wrote that,

“my country is the world, and my religion is to do good”.

Amen to that.

Marriage (Same Sex Couples) Bill

Baroness Royall of Blaisdon Excerpts

Monday 15th July 2013 Lords Chamber

[The Lord Bishop of Norwich]

My Lords, I support this group of amendments. A review of the benefits accruing to all survivors under occupational pension schemes is both desirable and necessary. The principle of equity under the law for those whom the law holds to have the same status in relation to the deceased is a sound one. Hard-pressed pension schemes must be tempted to limit benefits, and the complexity of some schemes may hide inequity, so this principle is clear and just and I support it. Indeed, the Church of England pension scheme already treats surviving civil partners in precisely the same way as widows and widowers.

There is a wider reason for supporting these amendments. It is no secret that the majority of Christian churches and other world faiths do not believe that same-sex marriage accords with their understanding of marriage itself. However, many of us, including on these Benches, welcome the social and legal recognition of same-sex partnerships and believe that our society is a better and healthier one for such recognition. That is why I support this group of amendments. This point has sometimes been obscured in public commentary on what has been taking place here, but not in the debates in your Lordships’ House. The courtesy and clarity with which your Lordships have listened to each other represent our very best traditions, and I echo all that has already been said in this brief debate.

I, too, thank the Minister for her work and the Government for accommodating the needs of the Church of England and other faith traditions, and for wanting to do so. That has also been a characteristic of this House as the Bill has been debated. While the Bill is necessarily complex as a result of meeting many needs—and we are making it a bit more complex again—it will serve very well both its supporters and those who are still unconvinced about it, and that is a signal achievement.

[Baroness Royall of Blaisdon]

My Lords, I was very pleased to add my name to this group of amendments. I thank the Government for listening and recognising that action should be taken in order to get rid of this last inequality, which in my view is an anomaly. However, it is of course right that consultation, a review and an assessment should be undertaken before any final action is taken. I especially thank the Minister, who steered through the discussions on the compromise with her usual aplomb, skill and understanding. I am glad that we can all agree that this is the best way forward.

[Lord Elton]

Before the noble Baroness sits down, since there is no opportunity for a Back-Bencher to join in after that, and she sprang rather quickly to her feet, I wish to say that I welcomed the attempt to produce equality in this aspect of the Bill at each stage and that I am particularly glad to support it now. Perhaps it is best to pass over the rest of the debate we have heard.

Marriage (Same Sex Couples) Bill

Baroness Royall of Blaisdon Excerpts

Wednesday 10th July 2013 Lords Chamber

[The Lord Bishop of Exeter]

My Lords, I had not intended to speak. I know that it is unusual for there to be so many interventions from these Benches. I believe that one point has not yet been as fully made as it might have been. I was prompted to these remarks by listening to the noble Baroness, Lady Farrington. I agreed with most of what she had to say, but I was led to a very different conclusion. I fully agree with her understanding of church schools and what they exist for. For that reason, I have always refused to fall in with lumping church schools in that easy category of faith schools. The Church of England schools—this is particularly true of the primary sector—exist as part of our mission to the whole community. We are there to serve the community as a whole. To that end—I speak as a former teacher, governor and chair of boards of education—our schools have always sought to hold to an integrity which involves being true to the church’s teaching and to trust law, and true to the law of the land. That is absolutely at the heart of the dual system, which has underpinned much of the education of this country for a very long time.

This Bill introduces in a novel way a potential conflict between trust law and education law. The amendment in the name of my noble friend the right reverend Prelate the Bishop of Leicester seeks to reconcile that potential conflict in the Bill. That seems to me to be hugely important. I am not a lawyer, but I know that there is a recognised branch of jurisprudence which goes under the heading “conflict of law”. I also know that the study of that subject teaches that where the conflict between different laws has to be resolved, it always raises questions of jurisdiction and normally raises questions of supra-jurisdiction—a jurisdiction greater than the two parties to the conflict.

There is deep concern in this country at present about the loss of jurisdiction from the High Court of Parliament. I enter a final plea to the Minister, and to all those on the Front Benches, to consider the advantage of having a potential conflict between trust and educational law dealt with in the Bill, rather than leaving it to a jurisdiction which may well be beyond the High Court of Parliament.

[Baroness Royall of Blaisdon]

My Lords, I, too, pay huge tribute to the most reverend Primate the Archbishop of Canterbury for what he said in his first speech to the General Synod as head of the church and the Anglican communion about the changing attitude towards gays, the need to fight prejudice against homosexuals and the fact that the church looks, in his words, “out of step”. I am also grateful to him, and the right reverend Prelates the Bishop of Leicester and the Bishop of Ripon and Leeds, for the way in which they have considered the Bill. I have absolutely no doubt that they will ensure that Church of England schools will teach about same-sex marriages in a factual way, without any prejudice, and that they will naturally also teach about their own views of marriage, as is right and proper. I also know that they are absolutely against any opt-outs. I wholeheartedly agree that marriage is a very good thing for society and that it should be celebrated.

I understand the concerns that have been expressed about the pace of change by both the Church of England and the Catholic Church, with which I had an excellent meeting last week, for which I am grateful. It is true that it will take a while for some people to get their heads around same-sex marriage, but they will, and they will be comfortable with it. I have had several conversations over the weekend with people who have in the past expressed concern but have already changed their views. Both the vote and the debates in this House and the speech by the most reverend Primate have had a real impact on those people.

On the issue at hand, we have said throughout our deliberations on the Bill that, in our view, amendments pertaining to teaching and faith schools are not necessary. Teachers are already able to teach according to their religious tenets. That will not change, nor will the ability of faith schools to operate within the tenets of their faith. Some people, while generally accepting that point, say, “Why not give comfort to those who are concerned by putting something in the Bill?”. I understand that the right reverend Prelate is making a legal point. Others, including those on the Bishops’ Bench, want to ensure that the legal and religious definitions of marriage can be taught alongside one another in an appropriate way. I am well aware and grateful that the Bishops do not agree with those who are seeking “protections”.

I also know that the reasoning behind the amendment is to give space for schools of a religious character to stay within the terms of the statutory framework and to reduce the risk of them declining to teach about the changed legal nature of marriage at all. I warmly welcome the fact that the Church of England is clearly determined to pursue this inclusive approach for its own schools and to commend it to others. Indeed, that is exactly what should happen under the Bill as drafted, when it becomes law.

I realise that the Church of England and many in the Catholic Church would not wish to see any return to those dreadful days of prejudice but, as has been said many times, prejudice still exists. I know strong professional men and women who are still hesitant, even unwilling, to come out at work. As we do not believe that this amendment is necessary, and because we do not want to risk the way in which it could be interpreted by those who are intolerant or homophobic, I regret that we cannot support it. However, as other noble Lords have said, I hope that the Minister, while not accepting the amendment, will be able to give the necessary reassurance and clarity to the Bishops—and all Members of this House—and to those of other faiths.

[Baroness Stowell of Beeston]

My Lords, I, too, pay tribute to the most reverend Primate the Archbishop of Canterbury and to the right reverend Prelate the Bishop of Leicester. I am grateful to the right reverend Prelate for the important statement that he issued after Second Reading and to which he referred.

During the past few months, the Secretary of State, my right honourable friend Maria Miller, and I have enjoyed some very constructive, productive and valuable discussions with both the most reverend Primate and the right reverend Prelate and their officials on a range of matters. Something I valued greatly was having the opportunity to get to know Members on the Bishops’ Benches better than I had done up to that point. Our discussions included their concerns about religious freedom for faith schools, which the right reverend Prelate talked about in moving his amendment, and I am grateful to him for the very careful way that he did so.

In responding to the right reverend Prelate and to all noble Lords who have contributed to this debate, I start by stressing that schools with a religious character provide an excellent education for their pupils, while reflecting their beliefs across the curriculum, including in sex and relationship education. We really value the work that faith schools do and I would like to make it clear that there is absolutely nothing in this Bill that affects the ability of faith schools to continue to do this in the future.

The right reverend Prelate the Bishop of Leicester has explained that there is a specific concern—echoed by other noble Lords who have contributed tonight—that without this amendment a potential conflict could arise between a school’s duty to teach its faith ethos and its responsibilities under Section 403 of the Education Act. I understand the importance of this issue and I can assure noble Lords that the Government have considered it very carefully. Noble Lords will have heard me say on many occasions during the passage of this Bill that we are considering this area, and we have done so with great care. However, we believe that this provision is unnecessary. Clearly, I need to reassure the House on why we have come to that view.

In schools of a religious character, teachers deal admirably with teaching about marriages that may not be recognised as such according to the tenets of the relevant faith—for example, marriages of divorcees or, for some religions, mixed-faith marriages. In order to take account of this distinction, they already interpret their duties under Section 403 of the Education Act according to their religious tenets. Faith schools must take the guidance into account when developing their policy on sex and relationship education and, in doing so, can also take into account other matters, including in particular relevant religious tenets. This is already recognised by the current legal framework.

I will expand a little on this and I will respond specifically to the question put to me by the right reverend Prelate the Bishop of Guildford. “Have regard to” means just that. Having regard to a provision does not mean that it must be followed assiduously should there be a good reason for not doing so. This was made clear in the decision of the Privy Council in Barber v Minister of the Environment in 1997. Faith schools must take the guidance into account when developing their policy on sex and relationship education and, in doing so, can also take into account other matters, including in particular relevant religious tenets. A relevant faith tenet is a perfectly sensible reason in this context and one that the current legal framework recognises.

Marriage (Same Sex Couples) Bill

Baroness Royall of Blaisdon Excerpts

Wednesday 10th July 2013 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, I support the first amendment for reasons of principle, about which the noble Lords have spoken. The principle of equality is very important. It seems to me that, in Committee, the Minister was unable to respond with any arguments at all based on principle. They were purely pragmatic arguments, which I do not think noble Lords found very convincing.

Amendment 84A, which I support, is very much in line with the recommendation of the Joint Committee on Human Rights, which argued that,

“we consider that the Government should carry out a full review of pension provisions in relation to survivor pension benefit entitlements of same sex married couples and civil partners to ensure that there is no unjustifiable discrimination in pension scheme provisions”.

[Baroness Royall of Blaisdon]

My Lords, I have added my name to manuscript Amendment 84A, tabled by my noble friend Lord Alli, because we believe that this is the most sensible course of action at this stage. Like my noble friend, we want to ensure that there is no discrimination in the Bill and that there are not two tiers of marriage. I, too, am extremely grateful to the Minister for managing to arrange a meeting with the Pensions Minister yesterday.

We have always accepted that there would be some direct cost to private pension schemes. However, £18 million, which is the figure often quoted, is a drop in the ocean for schemes worth an estimated £76.4 billion. The Government have asserted that equalising pensions benefits for civil partners and married couples of the same sex after this Bill could leave the public sector liable for costs of up to £3 billion to £4 billion. However, they have been far more reluctant to explain where those costs might come from.

As my noble friend said, the Government have already acted to equalise survivor benefit entitlements for civil partners with those of widowers for public sector and contracted-out schemes. The £3 billion to £4 billion estimate is based on the assumption that the removal of the legal exemption for civil partners will leave the Government being forced to equalise the entitlements of widowers with widows, thus levelling everyone back to 1978. But why they believe this to be a significant risk remains unclear.

The 1978/1988 distinction between widowers and widows was based on the historic position of women as being largely dependent on their husbands for income. Indeed, the courts have only recently upheld this distinction in the case of R v Iain Cockburn and Secretary of State for Health, where the judge ruled that there was an “objective and reasonable justification” for this because there had been, as the Government argued, a progressive realisation of gender equality and the initial rules had been set up to recognise the weaker economic position of widows.

Without the provision within this Bill, female spouses of same-sex marriages would, we presume, simply be treated as widows for the purposes of survivor benefits and male survivors as widowers. But nothing in my noble friend’s Amendment 84 would affect the historic male/female distinction that the courts have so recently upheld. To argue against this on the basis of retrospectivity is also flawed as the Government violated this principle themselves when levelling civil partners back to the entitlements of widowers, as they quite rightly did for public service pensions and contracted-out schemes.

In some sense, it could be said that by creating a different entitlement for widows and widowers of same-sex marriages from those of opposite-sex couples the Government are actually weakening their case against future challenges to widow/widower distinction. However, despite agreeing with my noble friend that the Government’s argument here is extremely tenuous, we want to offer the Government an opportunity to remove this inequality in the most appropriate way, as noble Lords on the Benches opposite have also said, and that is why I have added my name to the manuscript amendment today.

By voting for Amendment 84A, noble Lords will be saying, “We are not happy about the provisions within the Bill as it stands so we are leaving them there in parenthesis, as it were, for now until the Government have come forward with firm proposals for how to deal with this clear inequality”. It is quite clear to us that, one way or another, the Government will have to sort this out. It is better to do this through a process that they can own rather than be forced by the courts to do it later, as undoubtedly they would have to do.

I urge the Minister to accept Amendment 84A. I realise that the Government may well have to come back with tweaks at Third Reading but we want to right this inequality and this is a very fine way forward. It gives the Government some space to reflect, to look, to review and then come back, using the order-making power, to get rid of this inequality. I trust that the Minister will be able to accept this amendment.

[Baroness Stowell of Beeston]

My Lords, I must first say to my noble friend Lord Elton that I am in charge of many things at the moment, but one thing I am not in charge of is flooding. I would rather not add that to my portfolio for now. Before I respond in detail to the debate, I need to make a correction to the figures previously used by the Government in debates on this issue, about the number of schemes using the Equality Act exception relating to civil partners. The Government had stated that two-thirds of private occupational pension schemes already go further than the 2005 exception. This is incorrect. The correct figure is one-third. However, this does not change the estimated £18 million increase in liabilities that would arise from removing this exception, as that was already based on one-third of schemes.

The pensions system as a whole is full of differences in treatment as a result of changes in society and social attitudes. Such changes are introduced prospectively, so as not to place new unfunded burdens on pension schemes which could not have been taken into consideration in their funding assumptions. The current Equality Act exception, which this Bill also applies to people in same-sex marriages, recognises that pension outcomes in the present always reflect different accruals in the past, and that changes should be forward looking, rather than be retrospective.

Governments of all parties have sought to equalise pensions over time. What they have not done is try to equalise pension outcomes in the present, thereby breaking the link between past accruals and present outcomes. The standard approach is based on the principle that it is not right to impose costs on schemes, meaning they would have to pay out new amounts that were not promised in the past, whatever the exact scale of those costs.

Avoiding imposing retrospective costs on pension schemes is the standard principled approach which has been taken by successive Governments. That is the approach the previous Government took when civil partnerships were introduced in 2005, and when they brought forward the Equality Act in 2010. That is the approach we have taken in this Bill, by aligning the pension position of same-sex married couples with that of civil partners.

This approach means that pension schemes take time to catch up with societal changes, but over time the anomalies reduce and eventually disappear. Making any change to the position set out in the Bill would mean placing retrospective costs on the schemes. The Government understand that the current position is not perfect, but it is based on the principle that we should not seek to impose retrospective costs on private pension schemes—costs that were not planned for when benefits were being accrued.

The noble Lord, Lord Alli, seemed to try to dismiss the arguments that I was going to put forward before I had even had the opportunity to do so, but the Government’s case is quite clear. It is a strong one and I shall go through it properly. The two amendments in this group have different effects, as we have already established. Amendment 84, moved by the noble Lord, Lord Alli, would mean employers having to pay survivor benefits to civil partners in respect of their deceased spouse’s service prior to 2005, when civil partnerships first became possible. This amendment does not meet what I believe the noble Lord is trying to achieve, which is to give parity in provision of survivor benefits between same-sex married couples and opposite-sex married couples.

As well as going against the standard principled approach of avoiding imposing retrospective unfunded burdens, removing the current exception in the Equality Act would potentially lead to a much wider range of discrimination claims against pension schemes. There would be a significant risk of a domino effect, leading to full equalisation of survivor benefits at a significant cost to schemes and the taxpayer. The noble Lord, Lord Alli, said that no public money would be required to make this change. I disagree.

In addition to its impact on private sector schemes, the amendment would also impose a direct cost on public service schemes which would, at least, have to pay survivor benefits to surviving female civil partners based on pre-1988 service. This is because if the amendment were passed, not paying benefits to surviving female civil partners based on pre-1988 service would be discrimination on the basis of sexual orientation. To remove any such discrimination, public sector schemes would have to equalise pension benefits for surviving female civil partners and same-sex married couples with those for widows which are based on accruals from 1978. At the moment, benefits for those female survivors are currently based on accruals from 1988. Therefore, there is an immediate cost to the taxpayer.

Marriage (Same Sex Couples) Bill

Baroness Royall of Blaisdon Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I will briefly also congratulate the Government. With their Amendments 9 and 10 they have clearly assuaged the majority of people’s fears. My noble friend Lord Brennan said that they comprehensively assuaged fears, which must be a good thing. The proposal from my noble friend about guidance sounds entirely correct, but I know from long experience that sometimes guidance takes rather longer to draft than we might like. However, discussions about the guidance, even if it is not fully drafted, might be a way forward in this particular little logjam. I am very happy to support the amendments.

[Lord Wallace of Tankerness]

My Lords, I thank noble Lords who have spoken and who have welcomed the Government’s amendments. I am pleased that the amendments have given the reassurances that the noble Baroness, Lady O’Loan, spoke about, as did my noble friend Lady Berridge, and the noble Lord, Lord Brennan. Certainly, that was our intention, because we were conscious of the concerns that have been raised. I noticed that on the basis of that my noble friend Lady Berridge did not speak to Amendments 15 to 17. I also thank my noble friend Lord Lester for welcoming the Government’s response to the legislative report on the Bill from the Joint Committee on Human Rights. I can assure him that it has been placed in the Library, but I believe that the response is also available in the Printed Paper Office. I am glad that he welcomes these amendments and believes that the legal structure is in place to give the reassurances that have been sought. We have said on many occasions and from all parts of your Lordships’ House, not least from this Dispatch Box, that the security and protection of religious freedom that we wish to give to religious institutions is very much an important part of the architecture of the Bill. I hope that these amendments help to give that reassurance and to reinforce that protection.

Amendments 18 and 19, which the noble Baroness, Lady O’Loan, spoke to and the noble and learned Baroness, Lady Butler-Sloss, referred to, were rehearsed in Committee and I readily recognise the noble Baroness’s wish to explore the same ground again today. The intention of the amendments appears to be to ensure that any religious organisation or individual is not penalised by a public authority simply because they have expressed the view that marriage should be only between a man and a woman, or because they have decided not to participate in a religious solemnisation of marriages of same-sex couples.

It is important to remind ourselves that Section 149 of the Equality Act 2010 places a duty on public authorities to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between people who hold and do not hold particular protected characteristics. It applies to the protected characteristic of religion or belief, not just to sexual orientation, and, as we have already made clear, the belief that marriage should be of one man with one woman is a protected belief. Let me also make it clear that the equality duty is a duty to think, not to act or to produce a particular outcome; it does not require any particular outcome. If, for example, a public authority withdrew its facilities from an organisation or treated an employee less favourably, simply because of the expression of a belief about the marriage of same-sex couples, it would be acting unlawfully, both in failing to apply the duty properly and potentially committing an act of unlawful discrimination under the Equality Act.

Members of your Lordships’ House may recall that when we debated this in Committee, I referred to the decision of the Judicial Committee of your Lordship’s House in the case of Wheeler v Leicester City Council in 1985. That was a case in which the council banned a rugby club from using its ground after some of its members attended a tour of South Africa. The council was using a predecessor of a public sector duty to justify its actions. In that case, the House of Lords held that the decision was irrational; it also found that the decision was procedurally unfair and that therefore there was an improper purpose, which resulted in the council’s decision being quashed. I believe that the same reasoning would apply here.

The noble Baroness, Lady O’Loan, asked me about something that I said during my opening, when I moved the amendment. I am happy to repeat it. Clause 2 will clearly prevent criminal or civil action being taken against any religious organisation or representatives merely for refusing to undertake acts protected under this clause. That includes, but is not limited to—this picks up the point made by the noble Lord, Lord Brennan, that the words in brackets in the amendment are not exhaustive—disciplinary or other action taken in the employment context. In all circumstances, a person who has suffered a detriment simply because they have not done one of the acts specified in Clause 2 will be able to rely on the protections in that clause to show that such conduct is unlawful and to obtain a remedy within the context of the particular claim.

Furthermore, if a public authority is prevented, as Amendments 18 and 19 suggest, from having any regard to an individual’s or an organisation’s beliefs about the marriage of same-sex couples, it would be unable to consider how its own decisions could potentially discriminate against or otherwise disadvantage people who do believe that marriage should only be between a man and a woman. In fact, therefore, it could have the absolute opposite effect from that which I am sure that the noble Baroness seeks to achieve. I believe that that would be an unintended and harmful consequence of the amendment as drafted.

It is our view that an amendment of this kind would be unhelpful and unnecessary and that, rather than amending the legislation, the best way is to ensure that the equality duty is properly understood in the way that it is applied. We will seek to improve the guidance on its use; although, in all honesty, I cannot say that that will be made available before Third Reading. We are currently discussing with the Equality and Human Rights Commission how best to take forward our commitment to review the relevant guidance so as to include clear and helpful guidance for employers and public bodies in the context of this Bill when it is enacted. We will take that work forward as quickly as possible as part of the implementation of the Bill if enacted, although no timetable has yet been agreed. I believe that that is a sensible way to move forward.

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[Lord Eden of Winton]

My Lords, I thank the noble Lord, Lord Dear, for moving his amendment and I support what he said. I have one point to make, which I regard as important. In the real world, the teacher in a classroom often finds him or herself in a somewhat isolated position. It is not always easy to control a class of up to about 30 children. It can be difficult for the teacher to establish fully the nature of what he or she wants to get across. A side example, which appears more regularly than one would wish, is when a teacher has tried to discipline someone in the class. The net result can be—I have recent practical examples of this—that the father of the child takes the opportunity to address the teacher in an abusive and threatening manner. One does not want to see that extended into this realm.

It is most important that the guidance given to the teaching profession is clear on this matter and, more especially, that the guidance is given to the heads of the schools. There are associations in which head teachers are fully represented, and I should like an assurance from the Minister that the guidance will go to all those associations, making it abundantly clear that any teacher who feels as strongly as was indicated by the noble Lord, Lord Dear, and who wishes to refrain from teaching matters with which they are unhappy will be fully protected. I hope to have that assurance from the Minister in her reply.

[Baroness Royall of Blaisdon]

My Lords, we have debated this issue several times throughout the passage of the Bill. I believe it is absolutely clear that while teachers will be under a legal duty, as is right and proper, to teach the law of the land—that gay couples will be able to marry—that does not mean that teachers are going to be able to advocate this as the best form of marriage, and nor are they going to be asked to promote same-sex marriage. These are very different things. It is right and proper that teachers in our country should be expected to teach the law of the land—not to promote or advocate but just to teach.

The noble Lord mentioned conscience. I think that he was talking about opt-outs. It would be totally inappropriate for a teacher to opt out of teaching the law of the land. The noble Lord also mentioned a classroom of 13 year-olds and asked whether the line could be drawn between endorsement and explanation. I have utmost confidence in the ability of teachers to do this. They already do so in many circumstances and I see absolutely no reason why they cannot do this with same-sex marriage. I am utterly opposed to the amendment.

[The Earl of Listowel]

My Lords, my noble friend raises a very interesting question about how teachers will work with this legislation. At Second Reading, the noble Baroness, Lady Stowell, made it very clear that this is a Bill about same-sex marriage. The Government have no intention of dealing with any other issue; this is just about same-sex marriage. However, from our debates this afternoon, I think it is also clear that we agree that for many years marriage has been understood to be the stepping stone to starting a family. For many people, it is the basis for going on to have children. Therefore, it does not seem too far-fetched to think that if a Government bring forward a Bill to introduce same-sex marriage, they may by implication be saying, “We have looked at all the research about the outcomes for same-sex marriage and the outcomes for children growing up with two women or two men as parents, and we are sanguine about the results. We are quite confident now that there are no concerns at all about that fashion of bringing up children”. Clearly, from what the noble Baroness said at Second Reading, that is not the Government’s intention, but I can see that this may be a difficulty—that there may be a popular misunderstanding of the Government’s intention in this Bill. Therefore, we need to make the guidance very clear for teachers. My noble friend cited two concerning cases about teachers coming under pressure because they had a different view from that of their head teachers about what should be taught in this area. A lot of work needs to be done in ensuring that the best guidance possible is offered to teachers.

I reiterate that there are strong feelings on both sides of this issue. Some people feel very strongly that with same-sex parenting there is no difference in terms of outcomes for children, and there are others who are very strongly against it. The science so far does not prove the case either way, but both sides want to twist or bend it to a certain degree to make that conclusion. Therefore, this matter requires a lot of attention. There is a need to think really carefully about the evidence involved and to use it in advising teachers and other childcare professionals about the best framework for the best outcomes for children.

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[Baroness Butler-Sloss]

My Lords, I also agree with amendment of the noble Lord, Lord Elton. One point made by the noble Lord, Lord Alli, I thought was really quite unnecessary. One does not have to spend much money on a civil ceremony. I have a number of friends, indeed members of my own family, who have got married with just two witnesses. In one case, they asked two people from the street, would they go in and be the witnesses. That was the cheapest possible wedding one could have. I would also like to support marriage in the Bill, at the point which we have now reached. There is a danger of demoting marriage among those who are civil partners. That would be the worst of all worlds. That would be very sad indeed. We should be strengthening every sort of marriage. We have got to that stage. Therefore, the amendment of the noble Lord, Lord Elton, would be entirely appropriate.

[Baroness Royall of Blaisdon]

My Lords, I warmly welcome the fact that the noble Lord, Lord Elton, wants to strengthen the Bill. Like him, I am very much in favour of strengthening marriage, and celebrating marriage at every opportunity. Therefore, I certainly agree with the sentiment of the amendment. Public commitment, made in the presence of friends and family, is an expression of that commitment and of the seriousness of the union that the two people are entering into. However, couples choosing to convert their civil partnerships into marriage, which of course they will not have to do, will already have gone through a very similar process. It is not the same and not with the vows, which I think are extremely important, although not everybody would agree; but they have made a public commitment in the presence of a registrar and witnesses.

Many of the couples who have done that, as the noble Lord himself said, might have wished to marry, but at that time they were not able to so they went through the civil partnership. Like my noble friend Lord Alli, I think that couples should not be required to have a ceremony to convert their civil partnership into marriage. However, for those couples that wish to embark upon marriage then, of course, it is absolutely right and proper. I am sure that when the guidance comes out, when the Government publish whatever they are going to publish in relation to the conversion of civil partnerships into marriage, should a couple wish to exchange vows and marry they will be able to do so. It is just that not every couple will be required to do so. It is the difference between requiring and enabling a couple to do so. I am afraid I cannot agree with the amendment, but I am fully behind the sentiment.

[Baroness Northover]

My Lords, I thank all noble Lords who participated in this mini debate. I particularly thank my noble friend Lord Elton for concerning himself so positively in looking at the conversion from civil partnerships to marriage. I think that the right reverend Prelate may have invited himself to some civil partnership ceremonies now that he has mentioned that he has not yet had such an invitation.

We have previously debated Clause 9 in Committee and the nature of the process that will apply for couples in a civil partnership to convert that partnership to a marriage. I was very grateful to my noble friend Lord Elton for agreeing to withdraw a similar amendment to this in Committee on the basis that it was appropriate to await the Government’s response to the recommendations of the Delegated Powers and Regulatory Reform Committee. I hope that he is pleased with the Government’s decision, which I explained earlier this evening, to accept the Committee’s recommendation on Clause 9, so that the regulations under this clause would be made by the Secretary of State, rather than the Registrar General, and that the first such regulations would be subject to the affirmative procedure, and subsequent regulations subject to the negative procedure. Therefore, we will be debating this further.