Registration of Marriage Bill [HL]

Lord Garel-Jones Excerpts

2nd reading (Hansard): House of Lords
Friday 26th January 2018 Lords Chamber

[Baroness Bakewell (Lab)]

My Lords, I welcome the Bill wholeheartedly and congratulate the right reverend Prelate the Bishop of St Albans on sponsoring it. It is very welcome.

How could one not have realised for so long that mothers’ names have not been on marriage certificates? What an extraordinary accident of history that that has not been acknowledged. I relish the idea of putting the 84,000 marriage registers out of order and digitalising the process. It is well overdue as an enterprise.

As the noble Baroness, Lady Meacher, has already said, I am using the occasion to raise an issue where this Bill, by amendment, could bring to fruition a long-hoped-for reform of marriage laws, which I understand is within the scope of this Bill—the legal recognition of humanist marriages in England and Wales.,

Let us revisit the history, because it is very telling. As we have heard, five years ago the Marriage (Same Sex Couples) Act promoted major debates in the House of Commons and in this House in which many spoke in favour of such recognition, but the Government did not act as we had hoped. Their own amendment gave a power in the future that is enshrined in Section 14 and which mandated the Government to consult. They did so and found that more than 90% were in favour of registering humanist marriages. They asked the Law Commission to do a scoping exercise. The commission did so and emphasised the unfairness of the situation as it exists. There has been consultation and there has been inaction.

Elsewhere, things have changed. In Scotland, legal recognition of humanist marriages was passed in 2005 and by 2016, 17% of marriages in Scotland were humanist. This is a popular format for people of humanist belief—I will expand on that term in a moment. Humanist marriages were given recognition in the Republic of Ireland in 2012 and by 2016, 7% were humanist. Northern Ireland is similar to England, so civil and religious marriages are legal but humanist marriages are not, or at least not yet. Last summer, the High Court in Belfast ruled that under Article 9 of the European Convention on Human Rights, recognition must be extended to humanist marriages. That decision has been stayed pending an appeal to the Attorney-General for Northern Ireland and a decision is expected soon. Meanwhile Jersey has issued a new draft law which is expected as soon as next week. Change is afoot to recognise with generosity and sincerity a commitment to acknowledge humanist marriages.

Humanism and a humanist marriage are not the same as a civil ceremony. Humanists have a set of moral beliefs that command huge respect throughout the belief communities of this country. Humanist beliefs involve an acknowledgement that we can live ethical and fulfilling lives on the basis of reason and humanity. These beliefs are recognised and widely held in this country. They put the burden of moral behaviour on the here and now in this world. It is an increasingly popular way of expressing a spiritual outlook that does not acknowledge the supernatural, and it is recognised by many of my Christian friends.

[Lord Garel-Jones (Con)]

I am most grateful to the noble Baroness. Along with other speakers, I strongly support this admirable Bill which has been introduced by the right reverend Prelate. I hope that he and the House will be able to accommodate the amendment which is being moved by the noble Baroness.

[Baroness Bakewell]

I will move the amendment when, as I hope, the Bill goes through to the next stage. It is time to legally recognise such sincere marriages where people come together with a shared set of beliefs that simply have not yet gained recognition in England and Wales.

--- Later in debate ---

[Baroness Williams of Trafford]

Perhaps I may continue to explain. The Bill only includes provisions to introduce a schedule system and to change how marriages are registered to facilitate the changes to the marriage entry to include both parents. That is the scope of the Bill. It is very narrowly about marriage registration and not about solemnisation. It is not intended at all to include wider marriage reform.

[Lord Garel-Jones (Con)]

As the Minister will be aware, every single person who spoke in the debate supported the admirable measure being introduced by the right reverend Prelate. In future discussions, would she—and just as importantly the right reverend Prelate—at least be prepared to consider that the inclusion of humanist marriage does not damage the Bill but actually enhances it?

[Baroness Williams of Trafford]

My Lords, the point I am making is that to amend the existing law on marriage to make provision for legally valid humanist ceremonies would involve a huge range of issues.