Marriage: Humanist Ceremonies

Debate between Baroness Whitaker and Lord Faulks

Thursday 21st January 2016 Lords Chamber

[Lord Faulks]

These are complicated issues. As my noble friend quite rightly says, the Home Secretary has initiated a general inquiry into the use of sharia councils. One area of particular concern is the circumstances in which marriages take place and the fact that there are some people in the Muslim community for whom marriage can be used somewhat oppressively. It is certainly important that all the information is available before we come to any conclusions.

[Baroness Whitaker (Lab)]

My Lords—

--- Later in debate ---

[Lord Faulks]

It is not of course, as the noble Baroness would confirm, that we do not allow humanist marriage—a civil marriage can take place followed by a humanist ceremony. The gravamen of the complaint is that they cannot take place simultaneously.

[Baroness Whitaker]

My Lords, speaking as a humanist, may I ask the Government what the majority of respondents to their consultation on this subject of humanist marriage thought about it?

[Lord Faulks]

The vast majority—well over 90%—were in favour of humanist marriage. Humanists represented by far the greater majority of those who responded to the consultation. Pagans and naturists also responded—the latter, for some reason, were particularly keen on outdoor ceremonies, which might be challenging at this time of year.

Human Rights: UK Application

Debate between Baroness Whitaker and Lord Faulks

Wednesday 18th November 2015 Lords Chamber

[Lord Faulks]

I will gracefully decline to answer the last part of the noble Lord’s question. As to the first part, the position is that this Government, and indeed this Parliament, were pioneers in passing the same-sex marriage Act. Since then, the Republic of Ireland has followed suit, the American Supreme Court has accepted the argument, and the European Court of Human Rights has also. We can be proud that we have set the way. We also commended it to the Northern Ireland Executive, both before and after the passing of the legislation, but ultimately this is a question of devolution. The Northern Ireland Executive are capable of making that decision themselves. The matter is the subject of two judicial reviews. At the moment, there is no inclination on the part of the Northern Ireland Executive to take matters forward, and I hope that that changes.

[Baroness Whitaker (Lab)]

My Lords, does the Minister agree that the human rights of Gypsies and Travellers are much better protected in Wales than in England because the Government have created an obligation on local authorities to provide sites? Why can we not do the same thing here?

[Lord Faulks]

The noble Baroness has particular expertise and knowledge of this area, and I defer to her knowledge, as it were, on the ground. The application of the law in relation to human rights should of course be common across England and Wales.

Ministerial Code

Debate between Baroness Whitaker and Lord Faulks

Tuesday 3rd November 2015 Lords Chamber

[Lord Faulks]

I indicated that from time to time the Prime Minister may clarify duties, just as the Civil Service Code does. That is his prerogative. The duty on the part of Ministers is to obey the law.

[Baroness Whitaker (Lab)]

My Lords, I am not clear whether I heard an answer to either my noble friend Lord Dubs’s Question or the question from our Front Bench. Why exactly did the Government change the wording?

[Lord Faulks]

I fear that I will be repeating myself but they have changed the wording because it is a simple summary of what is plainly the position, which is that Ministers have an obligation to obey the law. The code does not change the obligation that comes from the law; it is simply a summary for Ministers.

Humanist Marriages

Debate between Baroness Whitaker and Lord Faulks

Tuesday 2nd June 2015 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords—

[Lord Faulks]

I understand what my noble friend says about the approach to marriage which this House approved in the Marriages (Same Sex Couples) Act. It was a significant achievement of the Government. I understand the sense of frustration that he may feel that the Government are not moving swiftly enough. I assure my noble friend that while due speed will be shown in looking at this, because of the wider implications, it is necessary to consider this matter thoroughly.

[Baroness Whitaker]

My Lords, I apologise for my eagerness to ask the Minister my question, which may have seemed discourteous. Does he not recall that there was a substantial measure of support for the legal recognition of humanist marriage and does he not therefore think it would be just to allow it the same grace that is allowed to the Jewish and Quaker communities?

[Lord Faulks]

The exception for the Jewish and Quaker communities is based on the state of affairs in 1753. I agree that there are certain anomalies based on historical facts. There is no feeling on the part of the Government to discriminate against humanist marriages. It is simply a question of looking at the matter overall so that we can make our law consistent.

Access to Justice

Debate between Baroness Whitaker and Lord Faulks

Wednesday 18th March 2015 Lords Chamber

[Lord Faulks]

I am grateful for what my noble friend says. He may notice that the endorsement on the Theos paper from a former High Court judge says that all barristers should give a tithe of their time and services. I am sure that is not just restricted to Christian barristers and solicitors.

[Baroness Whitaker (Lab)]

Following the question from the noble Lord, Lord Forsyth, can the Minister compute the whole cost of our justice system, and will he then compare it with the whole cost of the justice systems of other common-law countries?

[Lord Faulks]

I will certainly not do that calculation at the Dispatch Box, but I think I understand what the noble Baroness is saying, which is that those systems where the judges are more involved—more inquisitorial as opposed to adversarial—may cost more. None the less, we generally believe that our legal aid costs—as is quite right, because we value access to justice—are more expensive than anything which is remotely comparable elsewhere.