Marriage (Same Sex Couples) Bill

Debate between Lord Cope of Berkeley and Lord Elton

Tuesday 4th June 2013 Lords Chamber

[Lord Cope of Berkeley]

I think that my noble friend exaggerates when he says that there have been numerous examples. There have been examples, of course, mainly of Private Members’ Bills being defeated at Second Reading when they were being put forward by noble Lords in this House, but that is a different matter. I also draw my noble friend’s attention to the fact that Bills like the one to which he refers, the War Crimes Bill, have nevertheless become law without the House of Lords being able to contribute through a Committee stage to the detailed provisions of it. We have had numerous references in the debate to matters that require further discussion but by definition, if the Parliament Act is used, it is the Bill as it stands that becomes law in those cases.

[Lord Elton]

May I correct my noble friend? The Bill that is sent back from the House of Commons in its original form comes to this House in the next Session. It is then open to this House either to reject it again and it goes on the statute book as it is in its present state, or to take it through all its usual stages and for it be amended by this House in the normal way.

[Lord Cope of Berkeley]

I am aware of that. Nevertheless, it is entirely possible that it becomes law exactly in the position in which it now stands.

The question that underlies this is whether we or the House of Commons are the better judges of changing public attitudes on matters such as this. With our average age, I do not think that we are the better judges. As I have indicated, another theme of the debate is whether the safeguards for the churches, teachers and registrars are sufficient, and whether the Bill is properly drafted. That is for the House to consider in Committee. The Commons Committee stage has also been criticised, but that is not a reason to avoid a Committee stage here. It is a reason for having one, to consider the detailed provisions with care and the expertise that are available to this House. This revising Chamber should not block the Commons’ will so clearly expressed and refuse to consider what revisions may be desirable. I shall therefore vote against the amendment and for the Second Reading.