Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014

Lord Jenkin of Roding Excerpts

Thursday 27th February 2014 Lords Chamber

[Lord Jenkin of Roding (Con)]

My Lords, I thank my noble friend on the Front Bench for her very careful explanation of the long and complex orders and regulations before us. She made them extremely clear. When the Conservative Party put in its manifesto for the 2010 election a commitment to legislate for same-sex marriages, I wonder whether those who wrote that paragraph of the manifesto had the remotest conception of what would be involved in the way of changing legislation. The three schedules to the main order that my noble friend described, covering nearly 24 pages of typescript and literally hundreds of amendments to existing legislation and orders, speaks volumes about what had to be done and what has been done very successfully, as far as I can make out, by the department’s advisers and lawyers.

Like the noble Lord, Lord Alli, I rejoice that the first same-sex marriages will be happening sooner than had originally been planned. I have accepted the invitation of the Canon Chancellor of St Paul’s Cathedral, the Reverend Mark Oakley, to a celebration of the first same-sex marriages at the end of this month and I am sure that I am not alone in looking forward to it. That is a remarkable development and I know that many others in the Church will recognise this as a move in the right direction.

I want to raise one specific matter which my noble friend mentioned towards the end of her speech and that is the desire of couples who are in civil partnerships to convert their civil partnerships to marriages as soon as possible. I tabled a Question on this a while ago and the reply from my noble friend Lord Gardiner of Kimble appeared in a list of Written Answers yesterday. Apparently, he was not satisfied with the first draft of the answer that he was given and he told me that it would be a while before we got it but I now have it. However, it raises a number of questions of which I have given my noble friend notice. It says that the Government hope to achieve this by the end of this year. That is nine months away and one has to ask why. It says that these aspects of the Act,

“involve developing and implementing completely new procedures and processes”.—[Official Report, 26/02/14; col. WA261.]

Can the Minister explain to the House what those completely new procedures and processes are? After all, a civil partnership is half way there already. Compared with what has had to be done in these orders to make the rest of the law applicable to same-sex marriages, one would have thought at first sight that it would not have been too difficult to have done this, if not at the same time, at least no more than a few weeks or a month or two afterwards. Why so long? What are these procedures? Will there have to be further orders? Is it going to be necessary for Parliament to approve the orders?

The point has been made to me that some people in civil partnerships are elderly and are anxious that they should convert to marriages with the legal consequences of that as soon as possible. If one dies before that has been done, then the handling of property and so on is different from what it would be if they were married. To be told that they may have to wait nine months or more before this can be done has caused a good deal of dismay and I hope that my noble friend will be able to give a better explanation than my noble friend Lord Gardiner gave at the end of his reply in the Hansard published this morning.

Apart from that I very much echo what the noble Lord, Lord Alli, has said. I think the Government have done a magnificent job on this and I take some pride that in this House, in contrast with the other place, on every single Division a majority of Conservatives supported the Bill. We may be on average 20 to 25 years older than they are at the other end and yet we achieved that. As the noble Lord, Lord Alli, said, that is a considerable tribute to the House of Lords.

[Baroness Barker (LD)]

My Lords, there is an African proverb which says:

“If you want to go fast, go alone. If you want to go far, go together”.

We are coming to the end of a very long legislative journey. It began in 2002 when my noble friend Lord Lester drafted the first civil partnership legislation, which was withdrawn but was then swiftly taken up and adopted by the then Labour Government, for which they deserve enormous credit. It continued with my right honourable friend in another place, Nick Clegg, in early 2010 stating his position that there should be equal marriage. He was closely and swiftly followed by David Cameron, who deserves enormous credit. My redoubtable colleague, Lynne Featherstone, notwithstanding the fact that this was not in the coalition agreement, announced in 2011 that there would be a consultation on equal marriage and civil partnership. It is as a result of all that work that we have arrived at the situation we are in now.

It was a joyous day on 15 July 2013 when, in the sunshine, we were all serenaded by the London Gay Men’s Chorus outside, as they celebrated with us several weeks and months of very hard work by Members from all parts of your Lordships’ House. We were steered through that process so ably by the noble Baroness, Lady Stowell of Beeston, in a truly remarkable piece of ministerial work. It was a momentous occasion. Since last summer it has been my privilege to meet people all over the UK. I have been a Member of this House since 1999 and I cannot remember so many members of the public going out of their way to express their thanks to this House for doing its job in passing this legislation. They know the true import of what it will mean in their communities.

There has been one very recent discordant note, from the House of Bishops Pastoral Guidance on Same Sex Marriage, issued on 15 February. It was a somewhat dispiriting announcement, and we have to accept that for our colleagues who are members of the Church of England and the Church in Wales, their road to equal treatment will be longer and tougher than they had perhaps expected. I say to the bishops that the default position in the legislation throughout our discussions was that those religions that did not wish to recognise or to celebrate same-sex marriage would not have to do so. At every point that was conceded. Throughout our debates on the subject, those of us who believe the church’s position to be wrong held our peace, and we have still not had that discussion.

However, I hope that the bishops will understand and respect that even in these statutory instruments that same spirit of recognition of their position remains, particularly in the recognition of military chapels and on shared premises. I hope that the individual members of churches who support same-sex marriages can look forward to a point when they can have a dialogue with those members who do not yet formally support them. The noble Lord, Lord Alli is right. The legislation for those of us who have the great luck to live in this country means a tremendous amount. All over the world our friends and colleagues who are gay face the most horrible oppression and intimidation. The church, as with other organisations, has a role to play in making those people’s lives safe.

On 29 March, England and Wales will take one step further to becoming countries that afford dignity and respect to all citizens, including those of us who are gay. I am delighted that Scotland will be coming along fairly swiftly afterwards. I thank all noble Lords and Members of another place who joined the person who today I can call my noble friend Lord Alli, me and the rest of us on what has been a truly wonderful journey.