Marriage (Same Sex Couples) Bill

Lord Deben Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness Massey of Darwen]

I commend what the noble Baroness has just said about existing policies. I want to make one quick point. Teachers in schools do not usually teach in isolation. Behind them there is a school ethos and school policies developed by the staff and the governors and very often by the pupils themselves involving parents. That is the context in which teachers are teaching. The existing law will apply and I do not see any problem at all. I agree that the word “promote” in relation to these issues is a very unfortunate one. Teachers do not promote; they educate.

[Lord Deben]

We are in great danger of thinking about only this subject. Teachers constantly have to face this issue. I remember going to a Protestant school and being taught about transubstantiation. The teacher had a duty to explain that honestly and straightforwardly. He also had a duty to explain what he himself thought about it. I did not agree with what he thought about it. On the other hand, I was extremely well informed by how he explained it. That is what teachers are doing constantly, in all sorts of areas. That is all that is being asked.

It is right that the teacher should explain what the law is. It is right that the teacher should have to explain the arguments that led to the law being as it is. It is also perfectly reasonable—and 13 year-olds would certainly demand it—for the pupils to say, “Well what do you think about it?”. It is perfectly right for the teacher to say what he or she thinks about it, but with the proper politeness and courtesy that teaching implies.

We are making a great deal too much of this because this is the sort of thing that all teachers face all the time. The law is not being changed to make a special arrangement for this, because it is already covered. I really do not think that we should get hung up about this, because it will have to be dealt with immediately we change the law, whatever we do. That is what teachers are there for: to try to make people understand that this is what the law is and that there are arguments. Let us get the class to argue and discuss the issues. The only people who do not want that are the people who want teachers to promote one side or the other. Promotion of things does not have much place in the classroom.

[Lord Curry of Kirkharle]

My Lords, I support the amendment of the noble Lord, Lord Dear. Deep concerns were expressed at Second Reading on this issue. We all have huge respect for the role of teachers and admiration for what they do, but many are deeply concerned about the impact of the Bill. Indeed, in the Government's response to the Joint Committee on Human Rights, the door was left partially open in that the Government said that they would continue to engage with religious organisations and others to explore whether there was a case for further clarification in this area. I suggest that there is a case for further clarification. Rather than just rejecting this amendment, the Government ought to consider how they can respond to give greater clarity on the subject.

--- Later in debate ---

[Lord Lester of Herne Hill]

My Lords, in my judgment this amendment suffers from the following problems among others. First, it imposes completely unnecessary burdens on employers; secondly, the burdens it imposes are unworkable; and, thirdly, it is discriminatory.

[Lord Deben]

My Lords, we have complained about many people suing, but this is an absolute opening for anybody to sue. I find it incredibly peculiar to say that an employer should organise his business so that somebody who objects to same-sex marriages could say that it was unreasonable to drive two people from one place to another. There is a limit to what can be reasonably considered a conscientious objection.

I voted for the case of registrars because I felt it was one end of the limit. I have to say that this really is ridiculous. It will open up the opportunity for people to sue the other way round on the basis of the most trivial issues. If a cook was able to say, “I am afraid that my petit fours cannot be used for the reception at a same-sex marriage”, we are making a laughing stock of the law. This is not just a bridge too far, it is a whole highway beyond where we should go.

[Baroness Thornton]

My Lords, the noble Lords, Lord Deben and Lord Lester, have put this very well indeed. I would add just one other matter. I find my noble friend’s view of the future rather depressing. I do not believe that people will argue and fight with each other about the existence of same-sex marriage. I simply do not believe that this is what will happen. Apart from the fact that in most cases this is a private matter between two people of the same sex or opposite sex, it is not the kind of issue that will raise the problems that my noble friend has suggested. I hope that, as the Bill moves forward in the next year, my noble friend will start to take a more optimistic view of it.

--- Later in debate ---

[Lord Pannick]

My Lords, I, too, cannot support this amendment. Under existing law, if a married man has a sexual relationship with another man his wife cannot sue for divorce on the ground of adultery. She can sue for divorce on the ground of unreasonable behaviour, based on sexual infidelity. As I understand it, the Bill adopts the same approach in relation to same-sex marriage and sexual infidelity with another same-sex partner. This seems to be consistent with existing legal principle. It involves no detriment whatever to the other party to the marriage, who can obtain a divorce on the basis of unreasonable behaviour. I, too, am concerned about the uncertainty inherent in the noble and learned Baroness’s amendment. What is,

“a sexual act … similar to adultery”,

in the case of lesbians?

[Lord Deben]

My Lords, my mother was always rather diffident about what she referred to as “things down there” and I rather feel that the noble and learned Baroness has attempted to recreate my mother’s views in what she has tried to say here. I find it hard to believe that a definition of a sexual act similar to adultery is one which is precise enough, even for the most learned of Lords. I feel that it does not achieve anything. We have another way of dealing with these things and, if I may say so, a rather more all-embracing and less detailed way of doing so. I am not ashamed to understand that Ministers have discussed this and have come to the conclusion that none of them want to produce anything more precise than has been produced. I have sympathy with them; we all should have.

[Lord Mackay of Clashfern]

My Lords, some provisions which appear fairly late in the Sexual Offences Act would have sufficed as a definition, but there is a point to be made about the distinction between the grounds in same-sex marriage and those in opposite-sex marriage. Adultery is mentioned in particular in relation to unreasonable behaviour in opposite-sex marriage. This is an imbalance between the two, which are supposed to be absolutely the same. It seems an unnecessary difference and the noble and learned Baroness has put her finger on an important point so far as this is concerned.