Marriage (Same Sex Couples) Bill

Lord Pannick Excerpts

Monday 24th June 2013 Lords Chamber

[The Lord Bishop of Leicester]

My Lords, I am aware that the hour is getting late and I hope not to detain the Committee for too long. The amendment would insert a new section into the Equality Act 2010 to make it clear that expressing a traditional view about marriage,

“does not of itself amount to discrimination or harassment”,

under the Act.

In our briefing to Peers at Second Reading, the Lords spiritual said that the reasonable expression of opinions or beliefs on the nature of marriage ought not, in our view, to be the subject of claims against individuals under existing discrimination or harassment provisions in the Equality Act 2010. Some recent high profile cases, which I shall not quote as they have been widely circulated, have highlighted where there is potential for risk in a workplace context. If an amendment to the Equality Act were introduced to put beyond doubt that the expression by a person of an opinion or belief about traditional marriage did not of itself amount to discriminating or harassing another, that would provide reassurance and a degree of legal protection for employers and employees and others who express their views in a reasonable way. “Reasonable” is a crucial point to stress; this is not and should not be a charter vocally to agitate in the workplace.

We very much welcome the Government bringing forward earlier in Committee their own amendment to the Public Order Act to put beyond doubt that “discussion or criticism” of same-sex or opposite-sex marriage shall not be taken of itself to be threatening or intended to stir up hatred. I recognise once again the readiness of the Secretary of State and her colleagues to respond positively to the Church of England’s concerns in this area. But this on its own, while welcome as a clarification of the criminal law, is not quite enough. This amendment is the natural and logical counterpart to it in relation to civil equality law. It also follows the precedent set out by the Government that it is acceptable to write such provisions into legislation, as they put it, for the avoidance of doubt.

Some may have concerns that this amendment would give permission, as it were, to those who wish to use language or justify practices that are anti-gay or homophobic. On these Benches we are clear that we have absolutely no truck with that. As the most reverend Primate said in the Second Reading debate, such behaviour is utterly unacceptable. Indeed, I think he used the word “sickening”. This amendment is deliberately drafted in a positive way to give reassurance and legal protection for the avoidance of doubt to many who share an understanding of the churches and other faiths, and those of no faith, about what they believe marriage to be. Ministers have said on frequent occasions that this Bill is as much about freedom of religion as it is about equality and marriage. Accepting this amendment to give recognition and legal certainty to those of many of the world faiths and none who continue to hold a belief about marriage in its traditional form would be well within the grain of that understanding of the Bill.

At root, this amendment is largely about establishing cultural norms and expectations about what will continue to be acceptable in terms of public discourse about marriage. Its insertion into the Equality Act 2010 would signal that Parliament, as Ministers have often sought to reassure us, considered it to be acceptable to maintain and express the traditional understanding of marriage. As I go about the market towns and villages of the heart of England in Leicestershire, that is the view of marriage that people have grown up with and are used to understanding. We cannot expect those cultural assumptions and norms to change overnight or at the speed at which legislation may emerge.

I had an exchange with the Minister, the noble Baroness, Lady Stowell, in this House on 11 December last year in response to the announcement of the consultation results. During that exchange the noble Baroness said to me:

“We are not changing society. We are bringing forward changes to reflect society as it is. We are seeking to do so in a way that is respectful and understanding of different views”.—[Official Report, 11/12/12; col. 992.]

I acknowledge that, but I would beg to differ on the point about this Bill not changing society. It establishes through law new and different cultural norms and expectations, introduced at some speed. If we are to do this in a way that the noble Baroness rightly identified as being,

“respectful and understanding of different views”,

the law needs to give expression to that principle. This amendment achieves that and helps insulate against what I might call an isolating or even chilling effect for some of those who are already finding themselves somewhat left out in the cold. I beg to move.

[Lord Pannick]

My Lords, I am puzzled by this amendment because I cannot see any realistic circumstances whatever in which the expression by a person of the opinion or belief that marriage is the union of one man with one woman does of itself amount to discrimination or harassment. It is simply inconceivable that any court could so find. This amendment would have a real disadvantage because it would wrongly imply that the mere expression of other views might amount to discrimination or harassment, contrary to all the principles of the equality legislation.

[Baroness Thornton]

My Lords, I thank the right reverend Prelate for his measured and thoughtful introduction of the amendment. We discussed much of this last week and the views of these Benches have not changed since then. We think that the equality legislation covers this point. The noble Lord, Lord Pannick, is right in what he said. Indeed, my noble friend Lady Royall confirmed the view of these Benches that we think that the safeguards are in place, that they are respectful and that they do the trick. I look forward to listening to what the Minister has to say, but we have not changed our view that things are already safe.