Marriage: Humanist Ceremonies

Debate between Lord Faulks and Baroness Thornton

Thursday 21st January 2016 Lords Chamber

[Baroness Thornton]

To ask Her Majesty’s Government what plans they have to establish humanist marriage ceremonies in England and Wales.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Government gave an Answer to the noble Baroness on 2 June last year saying that given the broader implications for marriage law, they would consider the next steps after the Law Commission had reported in December on its preliminary scoping study of the law concerning how and where people can marry in England and Wales. The Government are carefully considering the report and will respond in due course.

[Baroness Thornton (Lab)]

I thank the Minister for his Answer. He will understand why I keep returning to this because Scotland is a long way for one to go for one’s children to have a humanist marriage. Two gay people can now marry in a church but they cannot have a humanist wedding in England and Wales. It is two and a half years since this House agreed that it thought that should happen. Can the Minister say whether it would be possible, and indeed preferable, for a modest extension of the law to accommodate humanist marriage rather than overhauling marriage law, as recommended by the Law Commission report? If Scotland and other countries can do this in a simple way, should England and Wales not be able to do so as well?

[Lord Faulks]

What Parliament decided, in Section 14 of the Marriage (Same Sex Couples) Act 2013, was of course that the Secretary of State should arrange a review, which the Secretary of State did—that is the Law Commission review—and that he has a power rather than a duty to make the order which the noble Baroness refers to. It is of course quite right that Scotland has operated a different arrangement, whereby you may go to a registry office and have a schedule permitting you to get married anywhere. Marriages have taken place on the top of a mountain and in the middle of a loch, identified only by a GPS reference. However, these are serious matters. The Government think it necessary to consider marriage as a whole and it is interesting that the Law Commission’s thorough report does in fact not recommend simply activating that order-making power, as the noble Baroness will have seen.

European Union Referendum Bill

Debate between Lord Faulks and Baroness Thornton

Wednesday 18th November 2015 Lords Chamber

[Lord Faulks]

That is precisely the point that I am not making. The point I am making is that they will not, and should not, regard it trivially. The question is whether it is appropriate for us to burden them with a responsibility which they will no doubt take seriously. It is not a question of simply saying, “This is a good thing for them to do. Therefore, we should grant them that right”.

[Baroness Thornton (Lab)]

A person’s mental ability has never been taken into account when considering their right to vote, so is the noble Lord getting on to dangerous ground here? People who lack mental ability still have the right to vote. Surely he is not saying that they should not have the right to vote because they may not have that maturity.

Humanist Marriages

Debate between Lord Faulks and Baroness Thornton

Tuesday 2nd June 2015 Lords Chamber

[Baroness Thornton]

To ask Her Majesty’s Government whether they plan to give legal recognition to humanist marriages in England and Wales, and if so, by what date.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the previous Government consulted on whether the law should be changed to allow non-religious belief organisations, including humanists, to conduct legal marriages. They concluded that there were broader implications for marriage law and asked the Law Commission whether it would conduct a review of the law on marriage ceremonies. The Law Commission is now undertaking a preliminary scoping study and is due to report by December. The Government will then consider the next steps.

[Baroness Thornton (Lab)]

It is quite remarkable that the Government felt that humanist marriages were such a threat that they had to call in the Law Commission to do their work. I do not think that the Minister's explanation is really very convincing. Why should the review delay humanist marriages, given that legal recognition is a simple measure, as has been proved in Scotland? Would he care to write and explain to my children why they would have to go to Scotland if they wished to have a legally recognised humanist marriage ceremony?

[Lord Faulks]

As the noble Baroness and the House will be aware, there is nothing to prevent humanists getting married and then having a humanist ceremony.

[Baroness Thornton]

In two ceremonies!

[Lord Faulks]

The quarrel, as I understand it—if the noble Baroness will allow me to continue—is that it is felt that both those ceremonies should take place at the same time. There having been a consultation, there was no consensus across the key stakeholders. The consultation raises a number of significant issues of a broader nature; in particular, the National Panel for Registration was concerned about the risk of forced and sham marriages. That is also a concern, incidentally, in Scotland, where there is a different system, based on the celebrant rather than the registration buildings and where there is also concern and a consultation about that very issue.