Marriage (Same Sex Couples) Bill

Lord Mawhinney Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness Berridge]

My Lords, I rise to support this amendment, which is recommended in the report of the Joint Committee on Human Rights in relation to the Bill. I serve on that Joint Committee.

In Committee, your Lordships heard emotional exchanges about what was or could be the experience for gay couples seeking a civil marriage if there was any form of conscientious objection. Those scenarios were upsetting. The argument that public services should be available to all service-users is compelling but I do not believe that it is unassailable. A number of individual registrars who are currently in post did, indeed, contact their MPs to say that they would consider resigning their posts should they not be allowed to object, on the basis of conscientious objection, to performing these ceremonies. I asked Simon Hughes MP, who serves on the committee, specifically about that question, as no Select Committee of this House should make recommendations that are unsupported by evidence.

I believe that the distinction between choice and conscience is important here, in that if people say that their conscience does not permit them to do this, that means that it does not allow them even to enter a process of choice. They are not expressing a mere preference. Neither time nor expertise allows me to go into that issue in any greater depth. I am sad that the noble Baroness, Lady O’Neill, is not in her place on the Cross Benches; I am sure that she could elucidate that point more eloquently than I can. However, there is a difference between choice and conscience.

I believe that it is this Chamber’s role to reach an accommodation that will enable same-sex couples to marry under the new law without causing the possible dismissal of a small number of public servants. I should be grateful if my noble friend the Minister would clarify whether the role of the registrar is limited just to the action of registration, as this matter caused some confusion in Committee when your Lordships considered the role of authorised persons. As regards Ms Ladele, I believe there is an arrangement in the Civil Partnership Act whereby certain personnel do not have to conduct civil partnership ceremonies if their local authority permits them not to do so. I leave it to the Front Bench, with its expertise, to clarify those two matters.

Given that the parameters of culture are changing so rapidly, I believe this amendment to be a suitable compromise between two different groups of our citizens, each with deeply held convictions. The ability of all citizens to access public services is not violated by certain public servants having a limited exemption. Having heard the arguments and circumstances outlined in Committee, I repeat that the exemption must be applied carefully and sensitively. It is not a perfect solution for either side but it is a sensible and reasonable compromise in the circumstances.

[Lord Mawhinney]

My Lords, I commend my noble friend Lady Cumberlege for moving this amendment. I was equally impressed by the supportive speech made by the noble Baroness, Lady Williams of Crosby. While she was speaking, I was reminded of something which my noble friend Lady Stowell of Beeston said at Second Reading, and I will limit my comments to this one issue. I interrupted her when she said that she had great respect for those of us who had religious and conscientious views on the principle and substance of the Bill. I, perhaps ungraciously—if that is so, I apologise—and perhaps mischievously, said words to the effect that I wished I had a tenner for every time in the past 35 years I had heard a Minister say at the Dispatch Box how much he respected views with which he did not agree and then promptly ignored them. I remind my noble friend of that exchange because it seems to me that this is an excellent opportunity for her to demonstrate that she really does respect those whose views and consciences differ from those held by the majority in this House. An acid test of that respect would be to accept this amendment.

[Lord Peston]

My Lords—