Marriage (Same Sex Couples) Bill

Debate between Lord Browne of Belmont and Baroness Noakes

Monday 17th June 2013 Lords Chamber

[Lord Browne of Belmont]

My Lords, I am pleased to support Amendment 16, in the name of the noble Baroness, Lady Cumberlege. As a former teacher, I am well aware that for many years the law has respected the conscientious objection rights of atheist teachers, who are not required to officiate at religious assemblies or to teach RE if they do not wish to do so. This respect for conscience in the workplace is despite the fact that, first, teachers are public servants, paid for by the taxpayer, and secondly, that religious assemblies and RE are public services. I have to say that this is absolutely right. Imagine living in a country, the laws of which were such that they would say to atheist teachers, “You must be willing to officiate at a religious assembly or lose your job and your livelihood”. That would be totally wrong.

The truth is that if the Marriage (Same Sex Couples) Bill is introduced unamended, far from creating the difficult precedent that the Minister in the other place suggests, we would be departing from an important liberal democratic precedent that makes it plain that there is space for different people, with different beliefs and identities, to be employed in the public sector.

I am well aware of the national registration panel’s briefing, which we have heard about this evening. In response, I should like to make two points. First, it does not seem very well connected to registrars. It is clear from the judgment in the Ladele case that there are a number of local authorities that make use of the fact that they do not have to designate all registrars as both marriage and civil partnership registrars precisely because conscientious objection is a concern for at least some registrars. I find it very strange that the panel seems unaware of, or is at least unwilling to acknowledge, this practice.

It is very important to remember that when, in 2005, your Lordships’ House scrutinised what was then the Civil Partnership Bill, the flexibility arising from the dual designation system was apparent and an expectation of reasonable accommodation in practice was expressed by the Labour Minister at the time, which was in sharp contrast to the Conservative Minister today. On 13 July 2005, the late Earl Ferrers said to the then Minister, the noble and learned Baroness, Lady Scotland:

“Is the noble Baroness saying that, although we must have tolerance, understanding and everything like that given the fact that other people have views different from ours, a registrar who holds certain beliefs, feels that they cannot carry out that part of their duty and says so will not be threatened with dismissal? As I understand it, they can be, for not doing their work. That is just as intolerable and non-understanding as the other way round”.

To this, the noble and learned Baroness, Lady Scotland, said:

“There are the Employment Equality (Religion or Belief) Regulations, which should preserve the opportunity for those who work to adhere to those religious beliefs. When many public functions are performed, there are a number of people of different beliefs, orientation and structures who can fill the place … Those who manage such situations sensibly if there is a conscientious genuine belief usually make alternative practical arrangements so that there is not embarrassment for the people who come forward for the service, and so that there is not the struggle of conscience for the person who legitimately wants to carry out a good job. Usually, both can be accommodated. In terms of delivery of a service in accordance with the law, public authorities must be able to make provision to enable the law of this land to be enforced”.—[Official Report, 13/7/05; col.1154.]

Secondly, I am disturbed that the panel brushes aside the hugely important issue of conscientious objection on the basis of administrative complexity. This is a very small price to pay for upholding our liberal democratic traditions. The noble and learned Baroness, Lady Scotland, did not take this view of reasonable accommodation and although Islington Council deliberately choose not to with respect to Lillian Ladele, the fact that other local authorities have satisfactorily provided reasonable accommodation suggests to me that it is eminently possible.

The marriage Bill before us today, however, presents a much worse threat to freedom of conscience than the Civil Partnership Act. The truth is that, although there was nothing in the Civil Partnership Act to stop local authorities like Islington insisting that all registrars were designated as both marriage and civil partnership registrars, the fact that local authorities do not have to do this means that there is potential for adopting a more enlightened approach. This has clearly happened in some areas, as the noble and learned Baroness, Lady Scotland, rather suggested it should. There will, however, be no scope for this in relation to the marriage Bill because people will continue to be designated simply as marriage registrars. There will not be an option of being designated as a different-sex marriage registrar or a same-sex marriage registrar. In effect, the line adopted by Islington, with no potential for reasonable accommodation, will be extended right across the board.

The national panel for registrars may not be bothered about conscience but I believe that we, as part of the Parliament of a leading liberal democracy, have a duty to be bothered. I submit that the marriage Bill would be dangerously illiberal without Amendment 16, and I commend it to the Committee.

[Baroness Noakes]

My Lords, I shall be brief because I am sure that we want to hear from the Front Benches fairly soon. I have been slightly disturbed by this debate, in part because one of the precedents that has been used to support this conscience objection is abortion. To try to equate the conscience provisions allowed in respect of abortion with those that might be put in place for civil marriage is to compare chalk and cheese. It is very inappropriate to try to do that.