Marriage (Same Sex Couples) Bill

Debate between Lord Anderson of Swansea and Lord Elton

Monday 24th June 2013 Lords Chamber

[Lord Elton]

My Lords, in that case they still have to go to the Supreme Court. They have to go to the top of the Matterhorn instead of the top of Everest. In the mean time, while they are on the way up there, others suffer. I hope my noble friend will realise that what the right reverend Prelate and allies are seeking here is to introduce a security of protection at a lower level. If it is in the guidance that the Secretary of State under statute has to give, then it is available at county council level and not up at the top.

[Lord Anderson of Swansea]

My Lords, the purpose of the Committee stage, as I understand it, is to scrutinise draft Bills, to propose amendments and to seek, where possible, the concurrence of the Government with those amendments. It is sad that throughout this Bill the Government have taken the view that they were right from the start and that any amendments which have been proposed are either otiose, excessive or outwith the purpose of the Bill. Here is an occasion where the Government can perhaps show a little magnanimity and say that there is serious concern, as a number of noble colleagues have said. Although one might have some confidence in the guidance issued by the department, it is only guidance. It does not need wild speculation about what future Secretaries of State may or may not do. The wording in the Bill gives some assurance which I believe is proper.

Some of us in this House still consider ourselves to be politicians, even if lapsed ones. Surely one factor we should recognise from the start is that there is a clamour in this country to send children to religious and church schools. It is certainly my experience. Why is this so? The view of the great populace is to favour the discipline and ethos of those church schools for their children. I was interested a few years ago to have a friend who was a headmistress of a Church of England school in the East End and almost 100% of her pupils were Bangladeshi. Why did they choose the church school? Because that community recognised the value of church schools.

I am not a Roman Catholic—in fact I am a nonconformist—but I know from my experience as a constituency Member the quality of the Roman Catholic tradition. Perhaps I might say in passing to the right reverend Prelate, I endorsed all that he said. He spoke well, not only on behalf of the Church of England, but also on behalf of the Roman Catholic Church. I was musing to myself as he spoke; would it not be good, from the point of view of the quality of legislation in this House, if we had some senior members of the Roman Catholic faith who could put their own views forward directly and not rely on the good will of someone who is part of a separated brethren?

Be that as it may, we are where we are and have to accept that a vast number of people want to send their children to those schools. They approve of the ethos of those schools. The Government purport throughout that they have provided adequate protections—the quadruple lock in relation to the Church of England and the protections in respect of teachers and parents. If they are so keen to provide those protections, let it be absolutely clear that here on the face of the Bill is the opportunity to do just that. In my judgment it is not otiose. It will have widespread acceptance from those who really value the ethos and values of our church schools. It is a test of how serious the Government are when they talk so much not only about the core principles of this Bill but the counterpart—a readiness to provide adequate protection for those who wish to continue in their own ethos, who accept the new legal basis but wish to continue to put forward the traditional views of marriage.