Disabled People: Independent Living Fund
Lord Cormack Excerpts(10 years, 7 months ago)
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Lord Cormack (Con)
My Lords, I can say “Amen” to that. We are all greatly in the debt of the noble Baroness, Lady Campbell, not only for the way in which she has introduced this debate today but for the shining example that she gives us all, day in, day out, when she is in this building. I first became conscious of her presence on a Sunday afternoon in August. I was listening to “Desert Island Discs”, and had to pull into a car park because I did not want to be early for my lunch until I had heard everything that the noble Baroness had said and had chosen. That was the most inspiring episode of that programme I have ever heard. We have here someone who has overcome enormous disabilities to be a leader, and is a Member who plays a very full part in the deliberations of your Lordships’ House. We should listen with respect and care to what she has said.
It seems that the die is cast as far as the Government’s decision is concerned. Personally, I regret that. We now have to ensure that the things that could happen do not happen. We must not give the disabled in our midst a postcode lottery, and there has to be a guarantee of help which is at least the equivalent of that to which they have become accustomed. However, inevitably, there is a feeling of real concern and doubt in the disabled community, and I hope that when my noble friend comes to sum up this debate, he will be able to put all our minds at rest. There is a duty upon whoever is in government to help those who are least able to help themselves without the sort of assistance that they have had over the past 30 years. Coming in from the cold, out of the shadows—one can use various expressions. However, the fact is that this fund has enabled people to fulfil themselves in a way that was not possible before. What we all need, as we struggle with life, is independence, security and stability.
For many of us, it is not too difficult to have those three things, but for those who labour under great disability, it is. I cannot begin to say that I understand fully or even partially the sort of obstacles that the noble Baroness has so valiantly and inspiringly overcome. However, we all have problems from time to time that make us just a little aware of those obstacles. When I broke my arm once, and for six weeks could not use my right hand at all, I became a little conscious of them. Last year, as some of your Lordships will know, I was hobbling around with a stick because I had a particularly bad back. I thought that I faced spinal surgery—and thank God I did not. However, during that period I became acutely conscious of what some of my colleagues in this House have overcome. They are an inspiring example to us all.
I cannot understand the logic of winding up the fund. I find it difficult. But it is incumbent upon the Government to answer with real conviction, dedication and determination the points put by the noble Baroness, Lady Campbell, in her concluding remarks. Knowing my noble friend, in this place and in another one, I know that he is a man of real compassion and I hope he will be able to set our minds at rest.
It really would be appalling if in June 2015, when we are all celebrating the birth of the rule of law in the meadows of Runnymede in June 1215, we foreclosed on some of those in our society whose need is particularly great. If anyone deserves practical compassion, it is the noble Baroness and those like her. I thank her for all she has done. I thank her for the inspiration she gave us this afternoon, and I look forward in hope and expectation to the Minister being able to put our minds at rest.
Universal Credit: National Rollout
Lord Cormack Excerpts(11 years ago)
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Lord Freud
My Lords, the party opposite is not saying that universal credit is not the right transformation. Although it voted against various aspects, it is actually saying that it is the right way to go. The issue is how to introduce it. We are introducing it safely and securely, and we are doing that exactly for the kind of people to whom the noble Lord was referring. We are making sure that we do not produce shocks by introducing a new system on one day in the way, for instance, that tax credits were introduced and which was a failure. We are doing this slowly and securely.
Lord Cormack (Con)
My Lords, as this is such a profound change, would it not be sensible to have a Joint Committee of both Houses to monitor and supervise its introduction and development?
Marriage (Same Sex Couples) Bill
Lord Cormack Excerpts(11 years, 4 months ago)
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Lord Cormack
My Lords, I have my name on this amendment and am delighted to support it by speaking briefly. The noble Baroness, Lady Deech, has spoken, as she did last time, very eloquently. All I wish to add and to say to your Lordships is that a review is to happen. If that commitment had not been made, it could have been argued that this amendment was an intrusion and that it was not appropriate or fitting to debate it during the course of this Bill. However, the Government gave this undertaking in another place and, if the Government are to have this review of civil partnerships and attendant matters, then it is surely right, as the noble Baroness has argued so forcefully, that these other relationships should be taken into account. In the name of equity and in the name of decency it is right that your Lordships’ House should say, “Please include these relationships in the review”. That is all that we are asking. We have no guarantee what those who conduct the review will finally determine, but to exclude this from their terms of reference would be entirely wrong and I beg your Lordships to support the very sensible and extremely modest suggestion that the noble Baroness has made.
Lord Lloyd of Berwick
My Lords, my name is also attached to this amendment. In my speech in Committee, I gave two examples within my own experience of couples whose cases ought to be considered in the forthcoming review. One was the former Bishop of Lewes, who shared a house with his sister for many years until his death; and the other was a man, living in our village, who was paralysed many years ago in a riding accident and has been looked after ever since by a young friend of his. My noble friend Lady Deech, in moving the amendment, made it clear that she was not asking for a change in the law now and not even asking for a new review. There is already going to be a review, as the noble Lord, Lord Cormack, has pointed out.
Under the Bill as drafted, Clause 14 states that the review can consider,
“other matters relating to civil partnership”.
It seems to me, therefore, that, on the ordinary meaning of those words, it is for those who oppose this amendment to say why those other matters should not include the two cases that I have mentioned, the case of the sibling and the case of the long-term carer, both of whom are covered by this amendment. The point that there is to be a review anyway was made by the right reverend Prelate the Bishop of Ripon and Leeds in Committee, and it was echoed by the noble Lord, Lord Pannick. Since other matters will be considered in that review relating to civil partnership, this seems to be the ideal occasion to consider the points which everybody agrees are worthy of consideration.
What are the objections to the amendment? I start with the objection raised by the noble Lord, Lord Marks, who I am sorry to see is not in his place. He said that accepting this amendment would,
“undermine the whole notion of civil partnerships, which are about loving relationships between people living together as couples”.—[Official Report, 24/6/13; col. 535.]
So far, no one could possibly disagree with that. However, he went on to say that such relationships must, to be within the meaning of civil partnership, be sexual relationships. Where does he get that from? As far as I know, nothing in the 2004 Act confines civil relationships to sexual relationships. Why should civil partnerships not include the sort of platonic relationship that the noble and learned Lord, Lord Mackay, referred to in the debate on Monday?
The noble Lord, Lord Elystan-Morgan, argued that non-sexual partnerships might not come within the Long Title of the Bill; but why not? It refers only to “civil partnerships”, not partnerships of a particular kind.
The noble Lord, Lord Alli, argued that to include carers would inhibit the further development of civil partnerships to a point where they might be blessed by the church. This, he said, would not be possible if civil partnerships included carers. Surely it would not be beyond the wit of the church to devise a method by which it would bless some civil partnerships but not others, so why should the whole notion of civil partnerships be devalued just because this amendment is accepted?
As the Minister said, the argument advanced by the noble Lord, Lord Alli, was just the sort of argument that should be considered when the review takes place, and I agree. I can understand why the noble Lord, Lord Alli, desires that civil partnership should continue to develop in the way in which he wants, but why should he stand in the way of civil partnership being developed in the way in which we want, which would include siblings and carers?
Finally, in objecting to the amendments, the noble and learned Lord, Lord Wallace, agreed with the argument of the noble Lord, Lord Marks, and I say no more about that. He said that it would undermine the current understanding of a civil partnership—but why? I hope he will explain that further. Secondly, he said it would be difficult to cover the case of the siblings because of the rule about consanguinity. It would lead to the legitimisation of relationships that are currently prohibited. I would give the same answer to the noble and learned Lord as he gave to the noble Lord, Lord Alli: that is just the sort of matter that should be considered when this review takes place.
As we know, the review is going to take place. I hope that the Minister will accept this amendment and allow these matters to be considered in that review.
Lord Alli
I have the same answer for same-sex marriage and opposite-sex marriage. We do not ask that question; we just do not. We say that if you say you are married, you define the nature of your own marriage. The state intervenes only in the breakdown of that marriage, when you cite the grounds for your divorce and can choose adultery or unreasonable behaviour. It is the same for civil partnerships. However I understand that, like marriage, the majority of civil partnerships start with a sexual component. That must be broadly understood.
I have two principal objections to the proposition of the noble Baroness. The first is about the nature of the relationship in a civil partnership. The noble Baroness seeks to use the civil partnership to review the Government’s tax and inheritance law. That does not deal with the nature of civil partnerships as I understand it. They were devised and brought into being to recognise a loving and—I accept this point—in most cases, a sexual relationship, between two individuals of the same sex. It was devised to give those sexual relationships a status in law, but not exclusively sexual. In many cases, it gave them the same benefits as married couples. It specifically excluded relationships that were exempted from marriage, such as mothers, daughters, fathers and sons, brothers and sisters.
Because of my personal view of civil partnerships—which is probably the view of the majority of people in this country—the very notion of giving access to civil partnerships between family members is the same as giving access to marriage to a brother and a sister, a father and a son, and a mother and a daughter.
Lord Cormack
The fact is that there is to be a review. That is not in doubt. What possible exception can the noble Lord take to those who are conducting it looking at the relationships mentioned by the noble Baroness in her speech? As I said in my brief remarks, the review may come to the conclusion that they should not be included, but why does he want to stop these relationships being considered by the review?
Lord Alli
I thought I was giving three reasons. My first was about trying to get the churches to take a step and view civil partnerships as part of that transition, where they can recognise the stunning relationships between a man and a man and a woman and a woman without having to cross the line into marriage. The second, which I believe the noble Lord seeks, already exists for unpaid carers. They can enter a civil partnership in which they are the same sex. They can enter civil marriage and get those benefits. The third is that—
Baroness Farrington of Ribbleton
My Lords, the noble Baroness, Lady Deech, referred to me by name. The issues that various noble Lords have raised, particularly those just raised by the right reverend Prelate, are incredibly important: the diversity of family patterns and the circumstances in which people find themselves. Personally, I would like to debate and look in particular at the role of carers—the relationships they form with other members of the family or, in the example given by the noble and learned Lord, Lord Lloyd, someone for whom they assume a responsibility because of the way they feel about that person. I would be delighted to debate that issue, not even in a review, but now. I have waited for a long time, because during the civil partnerships debate in your Lordships’ Chamber the issue was raised quite frequently. However, I do not believe that this is the vehicle for doing that.
The noble Baroness, Lady Deech, referred to “cohabiting”. If you ask the average person in the street the meaning of that word, you will get a variety of responses. If you ask a councillor, they would think of somebody who is claiming that their benefit in the past has been withdrawn because of the nature of their relationship with somebody in the house. These are complex issues. They need seriously to be developed, in the right way and at the right time. I fear that this is exactly the wrong time. If you ask anyone outside your Lordships’ House, including a boy of 12 to whom I spoke, this is about marriage and for people who wish to get married because they love each other in a particular way. I hope that all noble Lords will resist the temptation to tackle the subject of this amendment at the wrong time and in the wrong place.
Lord Cormack
We are not seeking to determine it this afternoon. We are merely asking that those experts, presumably dispassionate, and in whom we can all have confidence, should look at this and make the review a little more comprehensive than is at present envisaged. That is all we are asking.
Baroness Northover
My Lords, I remind noble Lords that we are on Report. If noble Lords have already spoken, unless with the permission of the House they are asking a question of a noble Lord, they should not speak again.
Marriage (Same Sex Couples) Bill
Lord Cormack Excerpts(11 years, 4 months ago)
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Lord Cormack
My Lords, I rise to give my support, not surprisingly perhaps, to the right reverend Prelate the Bishop of Leicester, who moved this amendment with balance and moderation, even though with a quiet passion. I do not believe that the acceptance of the amendment can do any damage whatever to a Bill that is shortly to complete its passage through your Lordships’ House. We are not debating tonight the rights and wrongs of same-sex marriage as against traditional marriage or rehearsing again the arguments that we specifically add extra definitions to two forms of marriage within the Bill. In this amendment, we seek to give a degree of reassurance to those who are concerned at the enormous social change that the passage of this Bill will bring about in our country. There is no point in anyone denying that there is going to be enormous social change.
Those parents who send their children to faith schools or denominational schools, whether they be Church of England, Roman Catholic or any other faith, have a right to expect two things above all. The first is that their children be brought up and taught to understand the realities of the society in which they live. Of course it is right—and the right reverend Prelate stressed this —for guidance given by the Secretary of State to be not only received but followed. Of course it is necessary that my grandchildren—and many of your Lordships have grandchildren—should be brought up to understand that Parliament has, in its wisdom, decided to effect a major change to the social fabric of our land. But if that change is to come about with a degree of mutual tolerance and understanding —and, yes, good humour—it is important that the second requirement to which parents look should be fulfilled. Their children should be taught the basic tenets of the faith.
There need be nothing incompatible between these two aims. I believe that the manner in which the right reverend Prelate introduced the amendment showed that that is foremost among his aims and objectives and those of his colleagues on the Bishops’ Bench. There are times when we in this House can benefit from the guidance and wisdom of the Lords spiritual. I believe that tonight is one of them. The acceptance of this amendment will show sensitivity and understanding on the part of the Government. It will do nothing to damage the cause of those who believe passionately—and I respect their beliefs—in the essential not just rightness but necessity of the legislation before us. There are many who believe that it is utterly necessary. I do not share that view, but I hope that when we have finished our deliberations on this Bill, either next Monday or whenever we have to re-debate amendments sent back from another place, in all parts of this House there will be a spirit of mutual tolerance and acceptance of what we have enacted. That will call for a degree of charity on the part of us all, whichever side we have taken in this debate. If we can assist in laying the foundation for that spirit of charity tonight, as the Bill approaches its final stages, we should do so.
I warmly commend the amendment and even more warmly commend the spirit in which it was moved and I very much hope that it can be accepted without a Division by your Lordships’ House.
Marriage (Same Sex Couples) Bill
Lord Cormack Excerpts(11 years, 4 months ago)
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The Lord Bishop of Chester
My Lords, I add a few words from my own perspective and possibly from the perspective of these Benches, which may not be exactly the same. The Church of England was caught on the hop slightly by this issue in the Commons. A lot of time was given to an amendment on this matter, whereas all our energies had been around the quadruple lock and associated issues.
A couple of years ago, in your Lordships’ House, I made clear my own commitment in principle to humanist marriage. It might have been one of my periodic jousts with the noble Lord, Lord Alli. I cannot remember the precise details of it, but I made it clear. The honourable Member for the Rhondda immediately said that I was completely in favour of his amendment in the House of Commons. This then goaded the Second Church Estates Commissioner to state that the Church of England was actually opposed to humanist marriage. It was all rather on the hop. In Committee, the right reverend Prelate the Bishop of Guildford said here in your Lordships’ House that he was, in principle, open to this development. Speaking for myself—I cannot speak more widely than that—it would make eminent sense for this consultation to take place.
There has been quite a lot of discussion of the Bill as if the objection to same-sex marriage was because of a particular religious understanding of marriage. I understand why that perception has been raised. However, it is important to say that, in Christian terms, marriage is not a possession of the church. It has always been seen as part of the creative order and for the good of creation as a whole. That has always been the position of the churches. I see no reason at all why the consultation should not lead to permission for humanist marriage and indeed for other belief organisations that meet the necessary criteria for doing this.
The Government’s amendment is important because it allows for time for consultation. One of our complaints has been that this process has been rather telescoped in relation to same-sex marriage. We need time to think through some of the implications. I said at Second Reading—I will not repeat my points—that many of the issues before us would be resolved if we went towards a more continental separation of a civil preliminary and then had other organisations celebrate marriage in this dual way. That would iron out a lot of our problems. That may not be part of the consultation, but at least it would give us time to think through some of the issues.
I would rather regret it if humanists were forced to register all sorts of premises, which is one solution that may arise because at the moment we have a premises-based system in England and Wales. In Scotland, there is a celebrant-based process. That needs some careful thought because there may be some hybrid. However, I welcome the consultation. Certainly for my own part, and I believe more generally from these Benches, I very much welcome the Government’s amendment because it gives time for a proper process of consultation.
Lord Cormack
As a lay man who is glad and proud to be a Christian, I should like to associate myself with most if not all of the right reverend Prelate’s remarks. I am not sure about those that touched on establishment because I am a strong believer in the established church and I wish it to retain its position as far as marriage is concerned. However, this is clearly a fair and sensible amendment and I am glad to give it my support.
Lord Anderson of Swansea
I support the concession. I support the review. My only question for the Minister is that there would clearly be potential problems with sham marriages. What is the nature of the protections that she thinks should be built into this welcome amendment to protect against that?
Marriage (Same Sex Couples) Bill
Lord Cormack Excerpts(11 years, 5 months ago)
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Baroness Butler-Sloss
My Lords, perhaps I may make two extremely short points. First, as the previous two speakers have said, the door is now open. It is very interesting that on previous Bills the suggestion was made that this was not the right place. However, of all places, a review of civil partnership actually opens the door for what this House very properly voted in favour of before I joined it. Secondly, the effect on the Government of the day—I appreciate that there have been two Governments of opposite views, who have gone the same way on this—would be to defer the inheritance tax and not necessarily to lose it. It would not necessarily cost the Government very much money in the end. I hope that this will be looked at with more sympathy than it has been in the past.
Lord Cormack
My Lords, I strongly support the amendment moved by the noble Baroness, Lady Deech. Indeed, it was the rejection of the sisters amendment that led me to vote against the Third Reading of the Civil Partnership Bill in another place. I thought it was discriminating and unfair to concentrate entirely on sexual relationships and not to recognise the sort of close relationship and affinity to which the noble Baroness has referred.
Nine years ago, we were told that it was inappropriate to put it in that Bill—and somebody interjects, sotto voce, that it was. Well, nine years have gone by and the commonly recognised discrimination, which has been recognised by the noble Lord, Lord Alli, and others, has not been put right. We have an opportunity in this Bill to put it right. Although I hope that we do not come to a Division in Committee on this, if we do not have a satisfactory answer from my noble and learned friend Lord Wallace, I hope that the noble Baroness, Lady Deech, and my noble friend Lady O’Cathain will consider retabling this or a similar amendment on Report—one on which we can vote.
Lord Alli
I wonder whether the noble Lord and the noble Baroness would accept this point. I stand by those words in relation to carers. I was deeply passionate about the issue and I offered the noble Baroness any assistance that I could, not only at the time but after the debate. I believe that carers are an undervalued group of people in our society and I have no quarrel with that proposal. However, to prosecute the case for carers by devaluing the nature of a civil partner relationship is where our paths divert. Considering the countless civil partnerships that have gone on, with the types of celebration and the nature of the relationships, does the noble Lord not accept that there is now a significant difference between civil partnership as we understand it and what the noble Baroness and the noble Lord are proposing?
Lord Cormack
Clearly, that was meant to be an intervention so obviously I will respond to the noble Lord. I said at Second Reading that I accepted that civil partnerships were now a permanent part of our social fabric. Indeed, I went much further. I will not repeat what I said then as the noble Lord was in his place and heard it. I made similar comments during the debates in Committee last week. However, that does not in any way invalidate the basic justice of the case enunciated by the noble Baroness, Lady Deech, and supported by the noble and learned Lord, Lord Lloyd of Berwick. I support it too and I say to the noble Lord, Lord Alli, that surely he and I are concerned with justice and equity for everybody. Although I have my reservations about the word “marriage” being applied right across the board, I have tried to make it plain in my brief interventions in Committee that I accept that he and those who share his beliefs thoroughly deserve a better recognition than they have had in the past—better even than in civil partnerships. In saying that, however, I can also say, and I do, in supporting the noble Baroness, Lady Deech, that there are others in our society—siblings and carers have been named, but there are others—who deserve, if they have made a life-long commitment to each other, as have those sisters and as has the young man with the gentleman who was so severely injured in a hunting accident, a recognition of the personal sacrifice and commitment that they have made which is at least equal to the recognition that we have given to civil partnerships. I hope very much that my noble and learned friend Lord Wallace will be able to encourage us today when he comes to respond to this debate. I repeat my strong support for the amendment so eloquently moved by the noble Baroness, Lady Deech.
Lord Pannick
My Lords, my understanding is that this amendment does not require the House to come to any view whatever on the merits or otherwise of the proposal. What it does is to recognise that there is to be a review of civil partnerships and it proposes that during the course of that review this topic should be included in the matters to be discussed, to be addressed and possibly to be the subject of future legislation.
The noble Baroness, Lady Deech, mentioned the case of Miss Burden and Miss Burden against the United Kingdom in 2008. I regret as much as the noble Baroness that I was unable to persuade the European Court of Human Rights to find that the less favourable treatment of these two ladies—it was severely less favourable treatment—was arbitrary discrimination contrary to the convention. It does seem to me as to many other noble Lords that since there is to be a review this topic should be covered.
My only quarrel with the speech of the noble Baroness, Lady Deech, is in her recitation of Irving Berlin’s song as support. She may recall that the lyric ends:
“And Lord help the sister, who comes between me and my man”,
which is perhaps not wholly appropriate in this context.
Lord Cormack
Does the noble Baroness not accept that we are not suggesting that where these other relationships exist a civil partnership is compulsory? Her whole argument is based on the assumption that it is compulsory.
Baroness Hollis of Heigham
My Lords, if there is to be a relationship recognised as an extension of the concept of civil partnerships for inheritance tax, it also produces a responsibility for mutual financial support called social security. The one goes with the other. The way around it is something that I think my Government should have explored, and that I hope the current coalition Government will explore; the noble Baroness, Lady Knight of Collingtree, was absolutely right about this. We should see a way of avoiding a survivor, particularly in the case of the two elderly sisters who went to the courts, having the inheritance abated on the first person and being rolled over to the second death. That seems to me to protect the position of the two sisters, which I think we were all deeply moved by, but would avoid the long-term problem of social security which would otherwise follow.
Baroness Farrington of Ribbleton
I apologise if I gave that impression. I cannot think of any specific, written, recorded examples of the kind that the noble Baroness referred to but I do not doubt that she has them. There is a danger that some teachers in some schools are being frightened by talk of coercion, compulsion and the Government making people do things—I see no evidence of that in this legislation. If one creates fear by things one says, there is always a danger that the people most likely to be frightened will write to the person who expressed that fear.
Lord Cormack
Would the noble Baroness agree that those who moved this amendment are seeking not to instil fear but to provide clarity?
Baroness Farrington of Ribbleton
I accept that, but it is on the back of a general reference to teachers being afraid of coercion. The noble Baroness, Lady Knight, referred to teachers writing to her because they are afraid. I do not accuse the noble Lord, Lord Cormack, but I think I can rest my case on that.
Looking round, I see a whole lot of people who have gone through education systems of different sorts. I have no evidence and I cannot recall any evidence of anyone seeking to subvert the views of teachers. In my experience, the teaching profession will be professional in its interpretation of this. There may be the odd rumpus somewhere but, as the noble Lord, Lord Baker, knows, you occasionally get an odd situation, whether it is in the police service or whatever service. I believe the legislation is sound and will protect teachers. We should allow teachers to be professional.
Marriage (Same Sex Couples) Bill
Lord Cormack Excerpts(11 years, 5 months ago)
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Lord Deben
I want to try to bring two sides together on this issue. I hope people will recognise that I am entirely in favour of this legislation and I am a practising Catholic, so I understand exactly what has been said. I have great sympathy with what my noble friend Lord Lester has said about how this might be approached by the Government. Let me say two things to the Minister. First, there is a history here of promises made and broken, as my noble friend made clear. So even if this is absolutely okay, there is a feeling that it might not be okay and we have to recognise that fear.
Secondly, there is also a history of campaigning people who seek all the time to push their point further than is reasonable. For example, campaigners have recently argued that we should withdraw aid from youth clubs run by organisations that take a strong view about homosexual practice. That is a campaign that people have suggested—that if you take that view you should not get any help from the state for your youth club. I say to my noble friend that I understand the fears that people have on this issue.
The position of the Catholic Church is particularly difficult because we have a very odd and rather noble system in Britain that has come out of our history: to ensure that it was no longer true that only Anglicans could marry, we extended it to other people via the mechanism of enabling approved persons to act as registrars. There may be an issue here and it may be that the fears that people have are correct. However, I also recognise what my noble friend Lord Lester has said: sometimes, when we try to correct this, those of us who are not lawyers—and I am proud not to be a lawyer—add things that make it worse. That is the danger here. If we are not careful we will have a sort of argument of the deaf, with one side saying, “We want to do what you want, but if we do it that way we will actually make it more difficult for you”, and the other side saying, “You may say that but we’re still worried about it”.
I ask my noble friend to recognise that even those of us who are not just marginally but very much in favour of this legislation are concerned that we should be very careful about the nature of toleration. Unfortunately, “toleration” has become a very curious word. People talk about toleration as if it means tolerating views that you happen to agree with. One of the things that we have to do is produce legislation that enables a tolerant society to accept that some people have very different views. That is not helped, if I may say so, by some of the language used by people opposed to the Bill. Some disgraceful statements have been made by people who have really not come to terms with the fact that we live in a society that should be inclusive and accepting. The churches have sometimes spoken intolerably and intolerantly. However, the truth is that there is intolerableness and intolerance on the other side as well. I will give way to my noble friend .
Lord Cormack
I agree very much with my noble friend, whom I thank for giving way, but I hope that he was not suggesting that there has been intolerance in the debates in this House. That is something that he would find very hard to prove.
Lord Deben
I listened to the whole debate almost without exception, and there were one or two sentences that I think ought to have been withdrawn by the people who made them because there was clearly a misunderstanding about the nature of what we are talking about. However, I do not in any way suggest that my noble friend spoke in that way. I am merely saying that there is a great need at this moment to make people relearn what toleration is. Toleration is accepting the views of people with whom you disagree fundamentally and totally. We need to do that in our society.
Let me be clear: I think the amendments are unnecessary, I do not see the legal basis for them and I am not worried about this issue. However, some people are worried about it. There is another word that I would like to bring into this: “courtesy”. There is a great need in our society for courteousness to other people, and there are people here who are legitimately worried. We need to ensure that there is no reason for them to be worried. I wonder if my noble friend might do the following, which is largely to follow what my noble friend Lord Lester said: not to argue this case because, frankly, a legal case of this sort across the Floor would be unhelpful for all of us, but to go back and produce a document that answers specifically the points that the noble Baroness, Lady O’Loan, has made, so that we know exactly where we are.
If there is a concern, the bit that seems to me to have had some truth about it is the nature of the official person—the point that the noble Lord, Lord Alli, was pursuing. I think he would agree that if the official person gets denominated in a particular way, what we all want in terms of a tolerant society could easily be overcast. I wonder if my noble friend might take it away in that way, instead of continuing the legal debate, and then come back with a document, which we might all peruse, and see whether we could not, at least on this, come to a common view across the House.
Lord Pannick
My Lords, I entirely understand the concerns that have been expressed by the noble Baronesses, Lady Berridge and Lady O’Loan, and others. My view is that those concerns are unwarranted. As I understand it, three issues have been raised. The first is the public sector equality duty, under Section 149 of the Equality Act, which requires:
“A public authority must, in the exercise of its functions, have due regard”,
to equality considerations. “Due regard” must require primary consideration to be given to other legislation—in particular, the legislation before us. I regard it as unlikely in the extreme that this public sector equality duty could impose a duty or even confer a power on a public authority to penalise a person or a body for declining to be involved in same-sex marriage, when the whole point of this legislation, and a fundamental feature of it, is that a person should not be compelled to do so for religious reasons. It would be extraordinary for a court to rely on a public sector equality duty.
The second concern was about Clause 2(6) and the exclusion of public functions, and that this does not cover the decision whether to opt in. There is a good reason for that. In very simple terms, marrying a person may well be a public function, as Clause 2(6) recognises. However, a decision to opt in or not is not the exercise of a public function. It is not, of itself, a service to the public but a decision whether to rely upon and maintain a statutory immunity given by this legislation. Any argument to the contrary would conflict with the content and purposes of this legislation, and so is extremely unlikely to be accepted.
The third concern that we are dealing with in this group of amendments is the suggestion that the legislation should clarify the meaning of “compulsion” in Clause 2(1). For a public authority to impose a detriment on a person for refusing to undertake an opt-in activity or to refrain from undertaking an opt-out activity would plainly amount to compulsion in this context. The reason for that is very simple: it would impose legal pressure on that person when one of the central purposes of this legislation is to protect religious freedom.
I entirely understand—I hope courteously—noble Lords’ concerns. The noble Lord, Lord Deben, rightly reminds us that we should be courteous about this, but let us be not just courteous but realistic about the risks and concerns that have been expressed.
Lord Cormack
My Lords, I courteously recognise the forensic skills and deep legal knowledge of the noble Lord, Lord Pannick, and of my noble friend Lord Lester. However, my noble friend Lord Deben mentioned times in the past when assurances were given, in good faith, from Dispatch Boxes in both Houses, but have not measured up. Therefore, the recognition of the noble Lord, Lord Pannick, of the validity of the concern of the noble Baroness, Lady O’Loan, and my noble friend Lady Berridge should be taken a step further. I should like to make a suggestion that builds upon what the noble Lord, Lord Deben, said. He and I do not agree on the fundamentals of the Bill, but he made a conciliatory and helpful speech this afternoon and we should thank him for that.
I inferred, from the speeches of the noble Baroness, Lady O’Loan, and my noble friend Lady Berridge that neither is likely to push this to a Division today. I hope that is the case. As I said on Monday, this House is at its best when it has long debates in Committee and votes on Report, when there has been proper opportunity to reflect on what has been said. I shall not be able to be present later today, for which I apologise. I hope that after this, when my noble friend Lady Stowell responds to this debate, she will undertake not only to reflect most carefully on what has been said by the noble Baroness, Lady O’Loan, and my noble friend Lady Berridge, but to call them in, with others who share their concerns, to ensure that on Report we will be able to make it plain in the Bill, beyond any shadow of a doubt, that the assurances that have been given will not only be honoured but be capable of being honoured.
I withdrew an amendment on Monday night following assurances from the noble Baroness, Lady Royall, and my noble friend Lady Stowell, when I sought to add Roman Catholic priests to the definition of the clergy. I did so for many of the same reasons advanced by my noble friend Lady Berridge. There is concern—real worry and anxiety—in this House and in the country. The Bill will make its way to the statute book; of that I have no doubt. I regret that but, as a good democrat, I accept it. However, I want it to give the strongest possible protection to those who in all conscience cannot accept the fundamental statement that same-sex marriage is the same as marriage between a man and a woman. I urge my noble friend, when she comes to wind up this debate—
Lord Lester of Herne Hill
I hope I am not interrupting at the wrong moment, but will my noble friend agree that we have to think carefully about the role of judges and the role of the legislature? It is the legislature’s role to make the law and the judges’ role to interpret it. Having heard, for example, the noble Lord, Lord Pannick, with whom I entirely agree, I cannot imagine—I do not know what these breaches of faith in the past amount to; no one has explained what they are talking about—that the independent judiciary would not interpret the legislation as it is now drafted in accordance with its object and purpose. Were there to be any breach of assurances by Ministers, under the Pepper v Hart regime that could, if necessary, be brought to the attention of the courts and they would take that into account. Should we not, when we are making laws, try to make them clear, but at the same time recognise that in the end they are to be interpreted by a wise, independent, enlightened judiciary?
Lord Cormack
Of course, but it is not unknown for a wise, enlightened, independent judiciary, which I strongly defend, to conclude that Parliament has not indeed been clear, and therefore it is very important that Parliament should be clear. We talked about locks, triple locks and quadruple locks. I think that there are very few locks that my noble friend Lord Lester and the noble Lord, Lord Pannick, are not capable of unpicking. We want to bear that in mind. It is very important indeed that this Bill, when it passes on to the statute book, has the full guarantees which I am sure my noble friend, in all honesty, wishes it to have.
To return to the point that I was making when my noble friend Lord Lester so courteously interrupted me, I hope that my noble friend, when she comes to wind up, will not only reflect on the concerns, and undertake further to reflect after this debate, but that she will give an opportunity for the noble Baroness, Lady O’Loan, my noble friend Lady Berridge and others to meet her and her officials to discuss these points in detail.
Baroness Royall of Blaisdon
My Lords, although this has been an immensely courteous debate, I would start by wholeheartedly agreeing with the statement from the noble Lord, Lord Deben, about the need for tolerance and respect for the views of people with whom we fundamentally disagree, both inside and outside this House. It is important that all sides of the House recognise that.
The noble Lord, Lord Cormack, quite rightly said that it is important for Parliament to be clear so that the judges can take a view as regards what happens in the courts. From this side of the House we believe that the Bill as drafted is absolutely clear, including the meaning of the word “compelled” as referred to in Amendment 17. We believe that it would be readily understood and interpreted by the courts as such and that it needs no specific definition in this context. As my noble friend Lord Alli said, the Minister in the other place has given some helpful assurances about the Government’s intention regarding protection against compulsion, which I am sure the noble Lord will reinforce today, as well as clarifying that the definition has not been borrowed from the Matrimonial Causes Act.
Clarity is important but, as I said, there is already clarity in the Bill. That is not to say that I dismiss the concerns expressed around the Committee today. I am sure that the Minister will be able perhaps to assuage those concerns today but, if not, that he will come back on Report and, in the mean time, perhaps put something in writing. The suggestion made by the noble Lord, Lord Lester, that there should be something substantive before Report was a good one.
On Amendments 13 and 18, I say to the noble Baroness, Lady O’Loan, that I was confused about whether she was speaking on behalf of the Joint Committee on Human Rights. It is clear from the exchanges across the Chamber that there were disparities of view in the committee.
Lord Cormack
Perhaps I could remind my noble and learned friend of my other suggestion: that detailed conversations should be offered to the noble Baroness, Lady O’Loan, my noble friend Lady Berridge and others on this point.
Lord Wallace of Tankerness
If my noble friend had allowed me to finish the sentence that I had started when he intervened, I would have said that, having received it, those who wish to pursue this matter further in discussion with myself and my noble friend Lady Stowell—
Marriage (Same Sex Couples) Bill
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Lord Hylton
My Lords, this amendment is partly probing and partly to do with language, and it may have some constitutional overtones. I have tabled it for discussion because I believe that it is not the business of government or of Parliament to change by legislation the long accepted meaning of words. As has already been said, the proposed change recalls Alice in Wonderland or, indeed, Orwell’s Newspeak. Certainly the meaning of words evolves, and sometimes changes direction almost completely. This, however, does not justify changing known meanings by law. To do so undermines confidence in all generally accepted meanings. It devalues language and the honesty of spoken and written meanings. On those grounds, I appeal to the Government and those behind the Bill to have second thoughts.
I should say something about the word “Union” in my amendment. It is a strong and honourable word. For example, the union between Scotland, England and Wales has been a strong one, originally uniting the Crowns and later the Parliaments of the two countries. I trust that it will not end in divorce. The United States has similarly stood the test of time and survived a terrible civil war. Even the Union of Soviet Socialist Republics produced a strong central power capable of threatening the rest of the world.
I said at Second Reading that civil partnership should be regarded as an honourable estate or status. I take the same view of unions between two persons of the same sex. Another speaker in that debate suggested that “espousal” would be appropriate to describe the intentional coming together of two men or two women. I suggest that such an expression is a little archaic and may not convey permanence or lifelong qualities. I submit that “Union” is a better and stronger word and has wholly honourable connotations. To have two different words to describe two very different kinds of relationship would be far clearer. It would also make things far more straightforward for teachers, parents and others who have to explain relationships to young people.
If “Union” had appeared in the Bill here instead of “Marriage”, the Government would have saved themselves a great deal of trouble. They would not have been faced with a petition from more than 650,000 people. They would not have aroused deep fears and anxieties throughout all parts of England and Wales, as we saw from the huge volume of letters sent to Members of both Houses. The Conservative Party would not have alienated many of their natural supporters.
Traditionally defined marriage had and has a sacramental character in many of the great religions. Leaving that point aside, it has represented the coming together of two families with their histories and traditions, and embraces the widest possible set of relationships surrounding and supporting the married couple and the children of their begetting. This is something immensely valuable that we should not risk devaluing. We should seek to avoid the problems beginning to re-emerge in countries that have thus far legislated for same-sex marriage.
I offer the amendment to your Lordships and the country in the hope of stimulating new and constructive thought. I beg to move.
Lord Cormack
My Lords, I went to the Public Bill Office last week to table this very amendment, only to find that the noble Lord, Lord Hylton, had beaten me to it. I therefore, of course, added my name to the amendment and was very glad to do so.
A couple of weeks ago we had an extremely moving debate, with some powerful speeches on both sides. I am bound to say that the result of that debate did not clearly reflect the division. I would much rather that we had not had a Division because I know that a lot of colleagues voted for constitutional reasons, believing that it was not right to seek to vote down something on Second Reading that had received such a large majority in another place. Yet I know from many personal conversations with colleagues in all parts of the House that there is deep concern and real unease about calling same-sex relationships “marriage”.
Lord Elystan-Morgan
Ultimately, bearing in mind the whole ethos of society, it is a matter of judgment, whether the totality of these changes has substantially altered the institution of marriage. Prior to 1991 a husband could rape his wife provided they were still living together and no separation order had been made by a court. Was her position the same after 1991 as it was previously? One could give other less spectacular instances.
Lord Cormack
I nearly always find myself in almost total agreement with the noble Lord, but surely the one constant throughout all these changes is that the relationship has been between a man and a woman.
Lord Elystan-Morgan
That is absolutely true. That is the assumption made in the Book of Common Prayer, which, as I understand it—I am a Welsh Presbyterian—says that there are three justifications for marriage. The first is the procreation of children, the second is the avoidance of the temptations of fornication and adultery, and the third is that there should be a lifelong relationship based on love, affection and respect. The first justification has been dealt with very properly by the noble Lord, Lord Phillips of Sudbury. Many people who are young and capable of procreating children now get married on the understanding that there will be no children in their relationship. Does one say that their union is less than a union of marriage? On the third point, about the creation of a lifelong union based on love, affection, respect and mutual dedication, is there a fundamental difference between that and the institution of marriage, as we say now? Nothing that I have said can prove the matter one way or the other. However, I make the obvious point that marriage is not an immutable institution. It has become elongated and greatly changed over the years, and will be changed again. Is it not possible to accommodate within that change the term “marriage” for people of the same sex?
I make one last point with regard to union. The noble Lord, Lord Hylton, said that there was a union of Scotland, England and Wales. It was never a union in relation to Wales, as I am the noble Lord, Lord Elis-Thomas, will agree. The preface to the Act of Union says the country, dominion and principality of Wales is now and always has been annexed, incorporated and included. It was a rape—certainly not a union.
Lord Alli
I thank the noble and right reverend Lord for that intervention. I had heard that he had withdrawn his name from the amendment. I think he described it as mischievous and dangerous and I very much agree with that, too. The noble Lord, Lord Armstrong of Ilminster, wants to use the term “matrimonial marriage” for opposite sex-marriage. All these amendments are cut from the same cloth with the same purpose: to create inequality in the use of the term marriage between same-sex couples and opposite-sex couples. I agree with the noble Lord, Lord Black of Brentwood, that these amendments are wolves in sheep’s clothing, designed to preserve marriage and the use of the term exclusively for opposite-sex couples, with the exception of the amendment of the noble Lord, Lord Dear, which seeks to introduce a new concept of traditional marriage.
Lord Cormack
I apologise for interrupting and I am grateful to the noble Lord for giving way. I appeal to him to accept that many people in this country are deeply troubled. Many wish to see a true equality and true equality is based on difference. Can the noble Lord not concede that it would be a good idea to find a formula that both would give him what he wants and would ease the minds and consciences of countless people outside this Chamber?
Lord Cormack
“(c) a priest of the Roman Catholic Church in England or Wales.”
Lord Cormack
My Lords, this is a very different, and rather more limited, amendment, but I think it has some importance. I had tabled it really as a probing amendment to try to get a clear answer from my noble friend who will be responding as to why clergy within the definition of the Bill are limited to clergy of the Church of England and the Church in Wales. Of course, one understands this in the case of the Church of England; it is the established church of the land. Welsh disestablishment happened a long time ago. It seems to me that there is one church in this country that deserves to be mentioned in the same clause: the Roman Catholic Church. I know very well that there are clear and honourable differences of opinion within the free churches. We heard eloquent speeches both today and on Second Reading from the noble Baroness, Lady Richardson, to indicate that she, as a former president of the Methodist Conference, takes a line that is clearly at variance with the official line of the Church of England and the Roman Catholic Church.
Baroness Richardson of Calow
Perhaps I may also remind your Lordships that it is not the line that my church is taking at the moment.
Lord Cormack
I am grateful for that clarification, although I know quite a number of free churches ministers of different denominations who would certainly line up behind the noble Baroness. However, if she or anyone else wished to table a further amendment to include the clergy of the free churches, I would raise no objection, but the Roman Catholic Church has made its position clear and unambiguous. That deserves recognition, and the priests of the Roman Catholic Church deserve the same degree of protection that is rightly being accorded to priests of the established church. It is in that spirit that I briefly commend the amendment to the Committee and hope that it will at least elicit some support. I beg to move.
Baroness Royall of Blaisdon
My Lords, the amendment is an unnecessary and potentially confusing addition, because it would, as the noble Lord said, add Roman Catholic priests to the list of persons exempt from the common-law duty to marry parishioners under Clause 1(5). As he also said, the common-law duty extends only to members of the Church of England and to Wales clergy, not the Roman Catholic Church. It is not a question of not wanting to offer protection to the Roman Catholic Church; it is just that it is not necessary to do this against challenge on the basis of any such duty.
Priests of the Roman Catholic Church are already protected in Clause 2, as are clergy of all other religious organisations that may decide whether to opt into performing same-sex marriage. Clause 2 is absolutely clear. It states:
“A person may not be compelled to … undertake an opt-in activity, or … refrain from undertaking an opt-out activity … to conduct a relevant marriage … to be present at, carry out, or otherwise participate in, a relevant marriage, or … to consent to a relevant marriage being conducted”.
The clause makes specific provisions for individuals, other than registrars, to be able to refuse to perform or participate in performing a same-sex marriage. This will allow priests, ordinaries, altar servers, organists and many others to refuse to participate in such a service, even if their governing authority has decided to opt into same-sex marriage. That is clear and the provisions in the Bill are sufficient to allow the Catholic Church to not opt into same-sex marriage with full confidence of protection under the law.
The Advocate-General for Scotland (Lord Wallace of Tankerness)
My Lords, I thank my noble friend Lord Cormack for moving the amendment. As he indicated, it is a probing amendment, and I hope that from both the response of the noble Baroness, Lady Royall, and what I am about to say that he will be reassured that there is good reason why clergy of the Church of England and the Church in Wales are identified separately in the Bill.
As my noble friend indicated, the amendment would make plain that no duty of the Roman Catholic clergy to marry couples is extended by the Bill to same-sex couples. I am grateful for the opportunity to explain the position. In respect of this amendment, whatever his duties in the Catholic Church or under Roman Catholic canon law are, a priest of the Roman Catholic Church is under no legal duty according to English law to marry anyone. If a couple of some other faith, or who are for example simply not members of his congregation, come to him, he does not have to marry them.
However, there is a common-law duty to marry parishioners, which applies to the clergy of the Church of England and the Church in Wales. That duty arose because of the establishment of the Church of England and the previous establishment of the Church in Wales. The purpose of Clause 1(4) and (5) is to ensure that this duty does not extend to the marriage of same-sex couples.
However, given that no other religions are or have been established in England and Wales, no common-law duty arose in respect of the clergy of other religious organisations. It is therefore not necessary to have a provision in the Bill ensuring that such a duty is not extended to the marriage of same-sex couples. All other religious organisations are entirely free to decide whom they wish to marry according to their rites.
Therefore, Roman Catholic clergy, along with ministers of other religious organisations, are fully protected under Clause 2. The amendment would therefore achieve no change in the law but could produce confusion and doubt as to whether the clergy of the Roman Catholic Church might be under a legal duty to marry opposite-sex couples when, in fact, they are not.
I hope that that straightforward and simple explanation satisfies my noble friend. However, it has been important and worth while for him to have moved the amendment to provide an opportunity for that explanation to be given.
Lord Cormack
My Lords, I am grateful to my noble friend and the noble Baroness, Lady Royall. I have a number of Roman Catholic friends who have been somewhat concerned, and I am grateful that all this is now on the record. I am only too glad to beg leave to withdraw the amendment.
Lord Dear
Perhaps I may respond to that. I refer the noble Baroness to the judgment in the case of Williamson. I shall quote rather more extensively from what the noble and learned Baroness, Lady Hale, said:
“Many would believe it to be wrong even if it was proven to work. Both are essentially moral beliefs, although they may be underpinned with other beliefs about what works best in bringing up children. Both are entitled to respect. A free and plural society must expect to tolerate all sorts of views which many, even most, find completely unacceptable”.
I rest my case.
Lord Cormack
My Lords, perhaps I may ask my noble friend a specific question, which has already been referred to by my noble friend Lady Cumberlege. A number of us received a letter from a clergyman of the Church of Scotland who, not in his official duties as a chaplain to the police but in, I believe, his blog, referred to his own personal belief in marriage as being the union of a man and a woman. He was subsequently dismissed from his post as a chaplain. What I want to know is this: are the provisions that the Government are putting forward in this Bill sufficient to prevent that sort of unseemly episode happening in the future?
Baroness Butler-Sloss
My Lords, when we are looking at a Bill which has the intention of increasing respect for and giving rights to a minority, it is equally important to look at another minority who will be unable, from their personal conviction, to accept the validity of the consequences of this Bill. The Equality Act has its defects. I strongly supported it, particularly all those elements in relation to gay rights, and I would do that again here. I would take that right to the stake because while I do not agree with marriage, I certainly agree with equal rights.
What I am concerned about—I expressed the same concern during the passage of the Equality Bill—is the right of other people who are in minorities to express a view that is unpopular with many other people, particularly with other minorities. We are now in a new dimension in that we are going to have same-sex marriage. Whatever it is called, it will be marriage. However, there will be people out there who cannot take it. This Bill should recognise that situation, and however great the Labour Opposition think their Equality Act is, it does not necessarily cover every aspect of what we are concerned with today; that is, those who cannot tolerate marriage for same-sex couples. Even if it may be partially covered by the Equality Act, it would be highly wise to have something in this Bill that covers this issue.
I agree with the noble Baroness, Lady Turner, that these amendments may not offer the right wording, but we are in Committee. Surely we could produce, by Report, something that provides some degree of support for other minority groups.
Lord Singh of Wimbledon
I am happy to answer that point. Any freedom of speech should be open. It should be there, but it should not be the freedom to denigrate anyone. That is the boundary. You can express an opinion, but if you denigrate other people that is wrong.
Lord Cormack
Surely the noble Lord will agree that all the clergyman in question sought to do was enunciate orthodox Christian beliefs. That is not in any way analogous to making racist comments.
Lord Singh of Wimbledon
I thank the noble Lord for that intervention. That is absolutely true. As a Sikh, expressing my beliefs in public should not subject me to harassment in any way. Clearly, some people have a problem respecting the beliefs of those who believe in traditional marriage. Rather than equality law protecting—
Enterprise and Regulatory Reform Bill
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Baroness Campbell of Surbiton
My Lords, I am greatly relieved and so appreciative that the Government have listened and conceded to the opinions of this House on the importance of the general duty. I and countless others who fought for and benefited from the Equality and Human Rights Commission slept a lot more happily last night in the knowledge that the body will continue to give overarching direction on equality and human rights in Britain in all its manifestations.
I am also reassured that the EHRC will continue independently to monitor and report on equality and human rights nationally, as required by EU law and the Paris principles. Such monitoring will not deflect its focus but will enhance its ability to protect and promote equality and human rights in an ever-changing world. The journey of this amendment has been a tough one, but I for one have learnt once again how collegiately and intelligently this House can shine. My thanks go to all those who took part, and of course to the Government for their generous concession.
Lord Cormack
I briefly follow the noble Baroness, first in thanking my noble friend the Minister for responding as she did to that very powerful vote on Monday, which was not the first powerful vote on this subject. Most of all, I hope and believe that I speak for everyone in this House in congratulating the noble Baroness, Lady Campbell, on her tenacity, her courage and her articulate presentation of a case that has been both powerful and moving. She has not only proved herself to be an invaluable Member of your Lordships’ House, but she has enabled us to demonstrate how important this House can be on issues that are not necessarily enormous in the general scheme of things but that are terribly important.
The Bill will be all the better for the acceptance of the amendment introduced by the noble Baroness, and for the response given by my noble friend the Minister. This is a happy note on which to end these particular deliberations, and we really are all very much in the debt of the two noble Baronesses, particularly the noble Baroness, Lady Campbell.
Lord Stevenson of Balmacara
My Lords, this is a good day for equality. I think we have heard enough from all around the House to explain where this has come from. We are all in considerable debt to the exemplary work done by the noble Baroness, Lady Campbell. We think tremendously of her for doing it, particularly when we reflect that in taking on that task she had no greater foe than the noble Lord, Lord Lester, who has somewhat iconic status in your Lordships’ House as the guardian of all things to do with equality. He was against her. She saw no enemy, and saw him off. As a result, we are where we are today. As the noble Lord, Lord Cormack, has said, this is a good day for the House of Lords. Your Lordships’ House has done well to ensure that its will has prevailed, and we are all the better for that.
Enterprise and Regulatory Reform Bill
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Lord Cormack
My Lords, whether it is a runner wearing a black ribbon in a marathon or a coffin draped in the Union flag, there is a real and proper place for symbolism. If this is all that we are debating, why on earth are we removing this particular symbol? In our last debate at Report, I abstained, feeling slightly guilty, I have to admit. One reason I abstained was that the commission had not come out with a clear, unequivocal statement such as has been quoted by the noble Baroness from the opposition Front Bench this evening. If the commission believes that having this symbolic duty does not retard its work or its progress, and if it believes that it is a declaration—and there is room for the declaratory as well as the symbolic—and that this is helpful to its work, with all the respect that I have for the noble Baroness, Lady O’Neill, and all the belief that I have in her capacity and competence, I can think only that she and her colleagues can be helped.
I wish we had no need for such a commission; I am sure we all wish that. It is one body that we would like to see work itself out of a job. Unfortunately, society as it is means that there is a need. If there is a need, there is a need to define. If there is a need to define, there is a need to say, in broad and simple terms, what the commission should be for and what it should be doing.
I admire greatly the noble Baroness, Lady Campbell. We know it is not easy for her to address this House. She does so with courage and most articulately. The case that she made this evening and that was so ably backed by the noble Lord, Lord Low of Dalston—we are pleased to see him back from his recent operation—was frankly an unanswerable case. I have to say to my noble friend who will respond to this debate: why? What is the point? What is the purpose? There are occasions when a Government have to fight for something that may be unpopular. I have gone into the Lobbies supporting Governments fighting for things that have been unpopular for over 40 years. Nevertheless, this is asked for by those bodies with which the commission has regular dealings. It is not going to add to the sum from the public purse. It is not going to obstruct the commission in the specific duties which it has to follow. So what is the point and what is the purpose of doing this?
In following up a point made by the noble Lord, Lord Low of Dalston, I have also to say that the other place, of which I was proud to be a Member for 40 years, has not exactly examined this matter with critical care and scrutiny. It has given it a quick turnover and sent it back. Well, at the end of the day, the view of the Commons, as the elected House, prevails; that is my constitutional view. However, I think we have to say to it again, “Look, you have got this wrong. Including this section is not going to impede the Government in their work. It is not going to do any damage to your economic strategy. It is not going to do any damage to your social strategy. What it is going to do is to give the commission what it believes to be helpful and necessary on what those bodies which deal with the commission believe the commission should have”.
I did abstain last time; I shall not abstain tonight. I hope that we can send a clear signal to the other place that it should back down, come off it and do something sensible.
Baroness Stowell of Beeston
My Lords, I am grateful for all contributions to this debate, and I mean that quite sincerely. As I respond, I am very conscious of the strength of opinion that has been expressed in your Lordships’ House this evening.
I will start by responding to a point raised by the noble Baroness, Lady Campbell of Surbiton, in response to my remark about us all wanting the commission to be as effective as it can be so that it is respected by everyone. I want to clarify what I mean by that because I think there are two separate issues here. One concerns the ICC’s status, or the commission’s A status being conferred on it by the ICC, and any suggestion that that is at risk. I reassure the House that the Government have had ongoing discussions with the ICC. I know that the chairman of the commission—the noble Baroness, Lady O’Neill—is continuing her dialogue with the ICC. The non-legislative changes that we have made around the budget and the framework document all strengthen the situation with regard to its status. I do not think that that is at risk. In talking about respect, I was trying to get at a slightly different point in that I want the Equality and Human Rights Commission to be respected not just by those of us who automatically take very seriously equality and human rights but also by those who do not. In order for us to create the kind of society that we are talking about in this context, we need the commission to be supported by everyone.
That takes me to another point that the noble Baroness, Lady Campbell, raised, and was echoed by my noble friend Lady Hussein-Ece, on the origins of Section 3 and the general duty. Today marks 20 years since the tragic murder of Stephen Lawrence. I cannot express to the House how much respect I have for Doreen Lawrence, who had to suffer the murder of her son for progress to be made in this country on some equality issues. That is beyond words. I pay tribute to everything that she has achieved and wish that she had not had to suffer in the way that she did in order to achieve what she has. However, I say with the greatest respect to the noble Baroness, Lady Campbell, and others who referred to the death of Stephen Lawrence in the context of the general duty, that that tragedy resulted in the introduction of the public sector equality duties in the Equality Act 2010. That terrible event did not result specifically in Section 3 and it is important to be clear on that point.
The noble Baroness, Lady Campbell, referred to reporting and monitoring. It is clear that the general duty then becomes a practical issue because the Act states that the commission is required to monitor that general duty and report on it. The noble Baroness suggested that by changing the monitoring requirements the commission would no longer be able to hold up a mirror to society and would be able only to hold up a mirror to itself in terms of what was happening when it produced its reports. I absolutely disagree with that. In my opening remarks, I made it clear that the new monitoring requirements would allow the commission to continue to hold up a mirror to society. It is our view that the new monitoring requirements will lead to a much more focused report, which we hope will have greater value for Parliament and other bodies that may want to refer to it.
The noble Lord, Lord Low, asked whether, in the absence of Section 3, the commission might be more open to judicial review as regards its work under Sections 8 and 9. The commission has never raised this concern in its briefings on the duty. We have no reason to think that the detailed and clear duties in Sections 8 and 9 would be made any more vulnerable by the removal of the general duty.
The noble and learned Lord, Lord Lloyd of Berwick, mentioned the advice given by Sir Bob Hepple and the Government’s response to his view. I say two things to the noble and learned Lord. First, at earlier stages of the Bill, we heard from the noble Lord, Lord Lester, a contrary view to that expressed by Sir Bob Hepple about the role of Section 3. Further, in our view, there is no indication that Section 3 has any interpretative value in relation to any other legislation, including the Equality Act 2010 and the Human Rights Act 1998.
The noble Baroness, Lady Thornton, and others pointed to the commission’s recent briefing and its statement that it supports maintaining the position established by the Lords for retaining its general duty. In response, I acknowledge that that is what the commission has said publicly and I understand and respect that view. However, in the same briefing paper it has also made it clear that removing the general duty would not affect the commission’s ability to do its work. On those matters, it is worth making it clear again that by removing the general duty we are not preventing the commission doing any of its very important and good work. It will not lose any of its vital powers of promoting equality, tackling discrimination and promoting human rights. As I have already said, when it comes to monitoring, producing quinquennial reviews in future should lead to it providing something more analytical and of greater value to those who want to use it as reference.
As I said when I first stood up, I am very aware of the strength of views expressed around this House. This is an issue where the noble Baroness, Lady Campbell, supported by all those who spoke tonight, feels differently from the Government. I have tried to set out again why the Government feel that this change will lead to a stronger Equality and Human Rights Commission, which is what we really want. When we come on to the next discussion about caste discrimination I will be able to reflect how important the role of the Equality and Human Rights Commission is. I ask your Lordships to agree with the Commons in their disagreement of the Lords amendment and the noble Baroness to withdraw her Motion