Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Baroness Thornton Excerpts

Tuesday 18th November 2014 Lords Chamber

[Lord Jenkin of Roding (Con)]

My Lords, I too support these regulations. Perhaps I might just respond to the noble Lord, Lord Paddick, by reminding him that there was only one party that actually included same-sex marriage in its manifesto. That was the Conservative Party. The Conservative Party was the only one to promise the original Act in its manifesto. Having said that, I too rejoice that this now has complete cross-party approval.

One of the issues that needs to be remembered is that in contrast to what happened in the other place, those in favour of the Bill as it then was—what is now the 2013 Act—always were a majority on the Conservative side in this House. For that we can take some credit, considering—as the noble Lord, Lord Paddick, said—the history of Clause 28, which happily has now been confined completely to history. This House has distinguished itself very much in this whole area.

I also make the point that the Secondary Legislation Scrutiny Committee looked at this question and asked itself why the original orders were withdrawn and new orders had to be introduced. The noble Lord, Lord Collins of Highbury, has kept me well informed on this—not that I have a direct personal interest: noble Lords may remember that at Second Reading I declared to the House that my wife and I had celebrated our diamond wedding anniversary the year before the Bill was introduced. Nevertheless, I then spoke very much in favour of the Bill and was delighted when, in the end, it became law. However, the scrutiny committee asked itself why this had happened. The short answer was that the Government had not consulted properly on the draft orders. Paragraph 17 of its report said:

“While we note that there was extensive consultation in relation to the Act and general principles, it would appear that even a brief consultation on the proposed detail of these Regulations might have avoided the need to withdraw and re-lay these instruments and the uncertainty that will have caused those making arrangements for conversions soon after the planned 10 December implementation date”.

I think the noble Lord, Lord Collins of Highbury, and his colleagues are much to be congratulated on having spotted the limitations in the original order relating to where these marriages could be celebrated, and persuaded the Minister, Nick Boles, who is listed as the Equalities Minister for same-sex marriages—and I have no doubt my noble friend Lady Northover—to withdraw it. It is a pity that there was no proper consultation beforehand.

However, here we are: it is almost the last chapter of this legislation and I am delighted that it has now been introduced. I hope that the regulations will be approved by both Houses of Parliament so that the noble Lord, Lord Collins, can celebrate his marriage to his partner before Christmas.

[Baroness Thornton (Lab)]

My Lords, we all know that it is rare, as parliamentarians, to see through a piece of legislation which has the direct effect of making so many people so happy. We have all seen the joy of the couples who have been married since the Act came into effect in March. While I welcome the noble Baroness, Lady Garden, to her place and thank her for explaining the orders so comprehensively, I am sad that the noble Baroness, Lady Northover, is not here to see these orders through, due to her very well deserved promotion. However, I place on record my thanks to her, and to her colleague the Minister, Mr Nick Boles, for the open and accessible way in which they conducted these proceedings. I also thank my noble friend Lord Collins for the eloquent and sometimes forceful way in which he supported the need to withdraw these orders as they were drafted in July, which—along with the threat of mobilisation to defeat the orders, if necessary, by my noble friend Lord Alli—I am convinced swung the decision to withdraw them, much to everyone’s relief.

My view at the time—which I expressed to the civil servants concerned—was that the original draft showed a lack of emotional intelligence about the way to proceed which had not been there during the rest of the passage of this Bill. It could well be that that was through lack of consultation.

We have, in passing these further measures, the privilege of creating more happiness for those who wish to convert from civil partnerships to marriage and, crucially, to celebrate this conversion in the way that they choose. I know of several couples who are waiting for confirmation that these orders have been enacted in time for them to celebrate their marriage conversion—some of them very close at hand.

For example, my friends John Nickson and Simon Rew had their civil partnership on the very first day in Westminster Register Office and will be married on 19 December this year. They have been together since the early 1980s, certainly for more than 30 years. Like many couples they have been anxious to get on with organising this very happy occasion, and we need to apologise to them and others for causing them worry about whether they would be able to proceed on the dates the Government promised at the beginning of the year. We also need to wish John and Simon, and indeed my noble friend Lord Collins and Rafe, a very happy day when they eventually convert.

On these benches we will not be raising issues to delay the passage of the orders before the House today. These new orders allow same-sex marriages to take place in any if the 6,729 premises licensed to conduct civil marriages and civil partnerships, in addition to registry offices.

We are satisfied with the consequential provisions detailed in these regulations and believe that the dual path offered to people—to have a sort of cheap-and-cheerful conversion or a celebration—is exactly the right way to go. We are also pleased that couples will be able to have their civil partnerships converted on religious premises, where those premises have been approved to marry same-sex couples. This is an important issue of religious freedom and one that respects the protections for religious organisations enshrined within the Act. I was also pleased that the marriage certificate will look very similar to the marriage certificate I received 40 years ago. Such things are important.

My noble friend mentioned that the Stonewall brief mentions conversions in British consulates. Will the Minister assure the House that all consulates are properly briefed about how and when to conduct conversions? My second question relates to guidance and training for those whose job it is to administer these conversions, and making sure that the two options of how to convert are properly available.

I know that everyone is referring to these orders as the final chapter in the enactment of the same-sex marriage Act. Indeed, they are the final issue to be resolved for same-sex marriages. However, the Act was also amended in your Lordships’ House to include the new provision for legalising humanist weddings. I take this opportunity to ask the Minister about the progress in that direction. Indeed, the amendments to legalise humanist marriage had majority support in both Houses. The Government’s amendment allowed for a review and consultation on the matter and included order-making powers. The review and consultation are over and there have been more than 1,900 responses. They seem to show that this continues to be an issue with wide public support. Last year the British Humanist Association was assured that this process would be completed well before the end of the year, giving enough time to make orders in good time before the general election. This has not happened. When will the report emerge and when will we see the orders? I am very concerned that we get on with this.

In Scotland, where more than 10% of all marriages are now humanist marriages, the first ever same-sex marriage on 31 December will be a humanist marriage. The experience in Scotland has been nothing but positive. In fact, humanist marriages have accounted for 54% of the overall net increase in marriages. We are pleased to see the Government’s “family test” policy and the criteria by which all policies now have to be assessed; the legalisation of humanist marriage would perfectly fit those criteria and strengthen the institution of marriage—and no doubt lead to an increase in marriage, as it has in Scotland.

Given that the public consultation has closed and that the responses were, I gather, overwhelmingly favourable, can the Minister explain when the Government are publishing their report, and when the orders will be laid? I am worried because I hear rumours of heels being dragged at No.10 and that there may be some resistance at senior levels in the Church of England, which I hope both institutions will strenuously deny. There is a suggestion that humanist weddings should be limited only to places that are licensed for marriage, which kind of defeats the point of having a humanist wedding in the place of one’s choice. The reason that this is important is the same reason why the timetable for the orders under consideration today is so important to those who wish to convert their civil partnerships. People plan their weddings years in advance and I can inform the House that my sister, who is a humanist celebrant—I probably need to declare her as an interest—is already receiving inquiries about humanist weddings next summer and autumn. She, along with the hundreds of other humanist celebrants, has a dilemma over how to answer those questions. Perhaps the Minister can advise on that.

We welcome these orders and I congratulate the Government on bringing them forward in time for all the happy events to take place before Christmas.

[Baroness Garden of Frognal]

My Lords, I am most grateful to all noble Lords who have contributed to the debate. They were constructive, considered and supportive. I place on record also my thanks to all those who took the time over the summer to discuss their concerns to help us get these statutory instruments to a better place. I am sure that all noble Lords will agree that it has been worth it.

I turn to some of the points raised. The noble Lord, Lord Collins, and the noble Baroness, Lady Thornton, referred to consular services. In fact, the GOV.uk website is already providing information about conversions, and will be constantly updated. Detailed guidance is being provided to all consular offices to make sure that they are familiar. This has obviously been quite a steep learning curve for a number of consular offices but there is nothing now to delay it. Consular offices have been provided with full guidance and correct information. We therefore hope that some of the early misconceptions will therefore have been addressed.