Overseas Territories

Lord Cashman Excerpts

Thursday 25th May 2023 Grand Committee

[Lord Cashman (Lab)]

My Lords, I will return to the issue of values and rights, as introduced by the noble Lord, Lord Lancaster, in his excellent opening speech. I am afraid that our views will diverge.

People living in the British Overseas Territories deserve nothing short of the same respect for their human rights and fundamental freedoms as that available to those living in the United Kingdom. Indeed, in 2012, the United Kingdom Government recognised that being an overseas territory entails responsibilities, and that territory Governments are expected to meet the same high standards as the UK Government in their respect for human rights. The UK Government also recognised that they have a fundamental responsibility to promote the political, economic, social and educational advancement of the people of the territories to ensure their just treatment and their protection against abuses.

It is in that spirt that, on 6 July 2022, I introduced the Marriage (Same Sex Couples) (Overseas Territories) Bill to make provision for the marriage of same-sex couples in the six overseas territories that currently do not permit same-sex couples to marry. My Bill sought to make what would now be regarded by most people in the UK, and in the majority of overseas territories that have enabled same-sex marriage, as a positive change to the law to allow same-sex couples to gain full and equal recognition of their loving and committed relationships.

I believe that the ability to marry the person we love is an incontrovertible and fundamental human right. Every person in your Lordships’ House today recognises this, because every person in your Lordships’ House would be horrified if they were told that their current marriage was not recognised by law or, in the future, that they could not marry the person they loved. Denying two adults the right to marry on the basis that they are the same sex is an outrage. This House recognised that outrage and put an end to it in England and Wales when it played a pivotal role in passing the Marriage (Same Sex Couples) Act 2013.

This House must take a lead in respect of those overseas territories that will not address the outrage of marriage inequality themselves. We can and should protect same-sex couples from the abuse of discrimination and legislate to grant them the right to marry. I have heard repeatedly all of the arguments against the UK doing this—that it is a sensitive issue, that we must respect the right of territory Governments to choose for themselves, and that if we do not, we will damage our partnership with the overseas territories. I reject every single argument I have heard against the UK Parliament taking a lead in this area for one simple reason. We are dealing with something so corrosive and destructive of human existence and dignity: excluding people from access to marriage, which is universally recognised as a fundamental right. I believe that we have a moral obligation to act.

I hope, perhaps in vain, that the Government will find time for my Bill to enable us to take a simple step that will transform the lives of same-sex couples in the overseas territories at no cost to anyone. If they will not find time for my Bill, we will return to this issue time and again until it is settled. Justice must, and will, prevail.

Other areas of discrimination are faced by LGBT people in some of the British Overseas Territories and the Government must also address those. Inequality and discrimination diminish every single one of us and undermine the notion of a civilised society.

In conclusion, I want to take this opportunity to thank Professor Paul Johnson OBE, executive dean at the University of Leeds, for working with me to design the Marriage (Same Sex Couples) (Overseas Territories) Bill. Professor Johnson is known to many noble Lords for his ongoing work in this House and the other place on designing legislation to advance equality for LGBT people, not least in respect of enabling those in the United Kingdom shamefully mistreated because of their sexual orientation to access disregards and pardons—something which, with my noble friend and ally Lord Lexden, we continue to press the Government fully to deliver on.

I thank the noble Lord, Lord Lancaster of Kimbolton, for securing what I believe is an extremely important debate.