Marriage (Same Sex Couples) Bill
Debate between Lord Jackson of Peterborough and Maria Miller
Maria Miller
I thank my hon. Friend for making sure that we pay tribute to those on both sides of the debate, whether it be my hon. Friend the Member for Enfield, Southgate or my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). They have all played their part in making sure that we will have a strong piece of legislation that protects people who have deeply held religious beliefs and those who believe that it is absolutely right and fair that marriage should be open to same-sex couples.
The guiding principle of this Bill, from the start, has been the protection and promotion of religious freedoms, so we have made a number of other amendments to ensure that the religious protections that it contains are as strong, clear and effective as they can be. They include amendment 3 on the Jewish governing authorities, amendments 38, 39, 40, 48, 49 and 52 on void marriages, and amendment 51 on a change of personnel within a governing authority.
Some people are concerned about the effect of the Bill on the broader issue of freedom to express the belief that marriage should be only between a man and a woman—in particular, in relation to employment and schools. We want to ensure that that freedom of expression is protected, as, I am sure, would my hon. Friend the Member for Aldershot (Sir Gerald Howarth). That has guided our thinking throughout the passage of the Bill. We have listened to these arguments and acted. Our amendment to the Public Order Act 1986, amendment 53, puts it beyond doubt that the discussion or criticism of marriage regarding the sex of the parties to it shall not be taken, of itself, to be threatening or intended to stir up hatred on the grounds of sexual orientation. The belief that marriage should be of one man with one woman is, of course, mainstream, legitimate and lawful, and it is explicitly recognised as such by the religious protections contained in the Bill. Whatever one’s view about the marriage of same-sex couples, it is legitimate and the Government will protect the right to express it. I hope that that provides the reassurance that several right hon. and hon. Members on both sides of the House have been looking for.
Extending marriage to same-sex couples changes nothing in respect of freedom of speech. That is why, in relation to other questions about the operation of the Equality Act 2010, particularly on the position of employees and teachers, we are clear that further changes to the law are not necessary and could indeed be harmful in casting doubt where none currently exists. For this reason, we believe that the best way to deliver clarity is through guidance to deal with the particular concerns that have been expressed, not by making specific provision in the law. We will therefore work with the Equality and Human Rights Commission to ensure that guidance will be available on how the Equality Act should be interpreted in the light of this Bill.
I am aware that there is considerable anxiety on the issue of teachers. I would like further to reassure hon. Members that, in the unlikely event that unforeseen consequences materialised, the Bill already contains ample powers to take action, particularly in paragraph 27 of schedule 4. These powers make it possible to disapply or modify, should circumstances require it, the default approach provided in clause 11 and schedule 3 whereby marriage has the same effect in law for same-sex couples as for opposite-sex couples.
Mr Stewart Jackson (Peterborough) (Con)
On the Equality Act, will my right hon. Friend explain why it was not considered appropriate to make marriage between a man and a woman a protected characteristic?
Maria Miller
I know that my hon. Friend raises that point for legitimate reasons: he wants to make sure that the House has clarification, and I respect that. I refer him back to the lengthy debate on this issue in Committee, where it was decided that further reassurance or clarification was not required and that, to avoid any scintilla of doubt, an amendment should be made to the Public Order Act to ensure that anyone who states that marriage is only between one man and one woman should not be taken as having criminal intent. We will achieve that through the Public Order Act, so we do not need to do so through the Equality Act.
Marriage (Same Sex Couples) Bill
Debate between Lord Jackson of Peterborough and Maria Miller(11 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Maria Miller
The right hon. Gentleman pre-empts some of the later parts of my contribution. I can tell him that we have taken seriously all the points that he has raised about the need for protection. He will see how we have put those measures in the Bill in some detail.
Mr Stewart Jackson (Peterborough) (Con)
Is my right hon. Friend aware of the letter that was written to hon. Members by Lord Carey of Clifton on the issue of equality between same-sex and different-sex couples? In it, he talks about
“the failure of the Government to address the important issues of consummation and adultery. While these concepts will continue to remain important aspects of heterosexual marriage, they will not apply to homosexual marriage. On the one hand, this does nothing to promote the ideal that marriage is both equal and should be a lifelong union.”
Maria Miller
My hon. Friend will know that there is already no legal requirement for consummation. Our provisions will mean that adultery stays as it is and that couples will have the opportunity to cite unreasonable behaviour, as do many already. The issues that he raises are dealt with very well in that way.
As I was saying, there is no single view on equal marriage from religious organisations. I also know that some colleagues in the House feel that they cannot agree with the Bill for principled religious reasons, and I entirely respect that stance. I do not think that it is the role of the Government to tell people what to believe, but I do think that Parliament and the state have a responsibility to treat people fairly.
Equal Marriage Consultation
Debate between Lord Jackson of Peterborough and Maria Miller
Maria Miller
I am sure that the hon. Gentleman would not want me to comment on the first part of his question, because that would be inappropriate. What I am doing is ensuring that marriage is a vibrant and relevant institution in our country today, and I am sure he will want to support that. In regard to the part of the country that he represents, the Northern Ireland Government are clearly taking a different view, and we respect that. We should all show respect for both sides of the argument.
Mr Stewart Jackson (Peterborough) (Con)
I congratulate my right hon. Friend on delivering consultation results that are reminiscent of a Liberian presidential election. I believe that these proposals are a constitutional outrage and a disgrace. There is no electoral mandate for these policies. Will she explain what popular support she has received for erasing the words “husband” and “wife” from our laws and customs, as set out in her Department’s equality impact assessment?
Maria Miller
I know that my hon. Friend has deep-seated views on this matter, and in saying what I am about to say, I am in no way trying to move him away from them. The consultation was very clear: we were talking about how we were going to implement this proposal, not whether we were going to implement it. We clearly set it out in the contract for equalities that we were going to consider the case for a change in the law, and that is exactly what we have been doing. Also, I would ask him not to pursue the issue of changing the usage of the words “husband” and “wife”, because the Government have absolutely no intention of doing that.