Marriage (Same Sex Couples) Bill

Debate between Lord Anderson of Swansea and Baroness Royall of Blaisdon

Monday 24th June 2013 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, in my view this amendment is absolutely unnecessary in the terms put forward by the noble Lord, Lord Dear. I think that the process that the noble Lord suggests is flawed and unnecessary. However, I am a great fan of post-legislative scrutiny and I know that the committee looking into the Mental Capacity Act is doing a splendid job. I think that every Act should be subject to pre-legislative and post-legislative scrutiny as a matter of course, so I would not be against post-legislative scrutiny, but I am utterly against the sort of judicial process that the noble Lord speaks of.

I say to my noble friend Lord Anderson that I find it slightly offensive that he talks of this Bill as a sort of laboratory experiment. I recognise that it brings about a profound change in our society—from my perspective, a very welcome change—but it is certainly not a laboratory experiment. I wish to put that on record.

I say to the noble Lord, Lord Dear, that his suggestion would be completely impractical. The first same-sex marriages will not take place until about a year after the Act has passed. A review in two years’ time would be completely mad. I have discussed this with the Minister and I think that there will be some standard post-implementation evaluation of the Bill, which will be very welcome, but that will rightly not take place for some time. I ask the noble Lord whether he looked at his own marriage one or two years after he entered wedded bliss. I suspect not. In same-sex marriages we tend to think about the seven-year itch, which is a long time after the two years that the noble Lord is talking about.

The thing that would interest me in 10 years’ time would be to go back to noble Lords who are currently against or have deep concerns about the Bill to see whether their views of same-sex marriage have changed. I would wager that the same acceptance that we now have on all Benches for civil partnerships—

[Lord Anderson of Swansea]

The difference is that, whatever reasonable time one chooses, this is not about looking at the nature of marriage or the changes brought about; it is about looking at the protections that have been promised and whether or not they are effective. That is the real purpose of a review, whether it be a post-legislative review or something else, at the appropriate time.

[Baroness Royall of Blaisdon]

I understand what my noble friend is saying and, as I say, in terms of post-legislative scrutiny I think that that is not a bad thing to look at. However, I point out that views of civil partnerships over the past nine years have changed profoundly and I think that we will find that views of same-sex marriage will change also. Many of the fears that people expressed at the time of the Civil Partnership Bill were very much the same as the concerns being expressed about the same-sex marriage Bill.

The noble Lord, Lord Dear, cited statistics about Spain and the Netherlands. He has his set of statistics and we have ours. I do not have my own statistics to hand. It would be extremely helpful if the Minister could, in due course, write with our interpretation of those statistics so that they, too, are on record.

House of Lords Reform

Debate between Lord Anderson of Swansea and Baroness Royall of Blaisdon

Tuesday 29th June 2010 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I well understand the concern being expressed around the Chamber about due process, but quite frankly, as Leader of the Opposition, I am not responsible for that due process. This is a matter for the Government and noble Lords should continue to put their questions to them.

[Lord Anderson of Swansea]

My noble friend appears to agree that the Government have made a crashing error of judgment in excluding the Cross-Bench Peers, who clearly have a legitimate interest in the outcome of the draft Bill. Will my noble friend therefore not adopt a grandmotherly attitude, listen to the Cross-Benchers herself and be prepared to put forward their view, as they are excluded from the committee?

[Baroness Royall of Blaisdon]

My Lords, it would give me great pleasure to listen to the Cross-Benchers and to put forward their views in the committee. I must rapidly move on and come to a conclusion.

From everything that has been said, it is clear that this is going to be a separate Bill and not part of a great reforming Bill. However, can the Leader of the House confirm that its separation will not mean that it will be considered in isolation from issues such as voting systems? Would it really be sensible for the people of Scotland, for example, to be subjected to as many as four different voting systems, perhaps on one day?

In relation to pre-legislative scrutiny, can the Leader of the House state that a Joint Committee, which I welcome, will be given enough time to consider, in depth and in detail, all the complex issues involved in further substantial reform of the House? For example, can the Leader confirm that such a Joint Committee will fully take into account the stipulation of the last cross-party Joint Committee of both Houses, chaired by my noble friend Lord Cunningham of Felling, on the conventions of this House, that if substantial proposals on the reform of your Lordships' House are brought forward, then the issues considered by the Joint Committee will need to be examined again?

The powers and functions of this House are significant and merit careful consideration, which I hope they will be given. Can the Leader of the House also set out the coalition Government's attitude to the Bill covering a range of reforms of this House brought forward again by the noble Lord, Lord Steel of Aikwood? I welcome the Leader’s announcement about a small group to look at people leaving the House.

I shall detain the House no longer, other than to say that, in this next period, we on these Benches will be holding the Government to account, both inside the Cabinet committee and outside it, on four key points—that the major issues of further reform of your Lordships' House, including the conventions of its relationship with the other place, are properly considered; that the process of pre-legislative scrutiny is full, thorough and sufficient for the nature of the issues involved; that due regard is given to and provided for any necessary transitional arrangements—I am glad that the grandfathering idea is mentioned in the coalition agreement; and that the issue of further substantial Lords reform is a matter for a referendum of the whole country.

We on this side of your Lordships' House, together with the Liberal Democrats on the Benches opposite, have long been in favour of reform. If, in becoming a member of the coalition, the Conservative Party, and not just its leadership, is now also in favour of reform, we in the reform group genuinely welcome that. History and experience might suggest otherwise, but we shall see. As the noble Lord himself suggested, we know that change is inevitable. As ever, however, the questions are: what kind of change is intended? What will be the rate of change? How will the change be managed? And, crucially, what is the change for? As my noble friend Lord Rooker said, “What will it achieve?”. Will it make our Parliament, our politics, our constitution and our country better? Those are real and important issues, and throughout this process we shall seek answers to these extremely important questions.