Marriage (Same Sex Couples) Bill

Debate between Lord Pannick and Lord Eden of Winton

Monday 24th June 2013 Lords Chamber

[Lord Pannick]

My Lords, I, too, think that this amendment is unnecessary and inappropriate. The amendment is concerned with the guidance under Section 403 of the Education Act. That guidance is concerned solely with sex education. There are three consequences of this.

First, the reference to marriage and family life in Section 403, which has excited the concern in this amendment, is designed simply to ensure that when pupils learn about sexual relationships, they should learn about sex in the context of marriage, families and commitment; in other words, they should not learn about sex as a mere physical act. In my view, it would be most unfortunate that if and when pupils learn in sex education classes—as they do—about gay sex, such discussion is not also in the context of relationships, commitment and the developments that this Bill will introduce. That is the first point.

The second point is that Section 403, which deals with guidance, already states that when sex education is provided, children must be,

“protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned”—

and rightly so. So there is already considerable protection.

The third point is the point made by the noble Lord, Lord Lester of Herne Hill, with which I entirely agree. It is a point that we have returned to over and again in the debates in Committee, but it is nevertheless true: there is nothing in this Bill that allows—far less requires—a teacher to promote same-sex marriage, and even less so in the context that we are now discussing, Section 403 of the Education Act, which is concerned only with sex education.

[Lord Eden of Winton]

My Lords, I want to follow up what the noble Lord, Lord Pannick, has just said and to add just one point, using the amendment so very ably moved and promoted by those who have their names to it as an opportunity to do so. I will be very brief.

The noble Lord, Lord Pannick, is obviously correct in what he says about the context in which the guidance would be given to the class; that is, health education in one form or another. Great emphasis has been given throughout our debates to the need to protect teachers. I accept that. That is correct and right for those teachers who feel strongly on these issues or have particular points of view which they find make it difficult for them to participate in a wider discussion or wider introduction of this subject.

My concern is not so much with teachers as with parents. So many parents—I am sure that the noble Baroness and others will have experienced this—are offended that sex education is taught to their children. I recognise that this has to happen, unfortunately. There was a time when this was left entirely to the parents, but that is no longer the case because so many parents do not in fact teach these matters to their children and do not bring up their children to understand the rights and wrongs on issues of this kind. So it has gone into the classroom and teachers are now required to teach this subject as part of the curriculum.

As I understand it, the position of parents is defended in this legislation in that if a parent is likely to be offended by anything of this kind being taught in a classroom, the parent can exercise the right to withdraw a child. I find that very difficult to accept. I acknowledge that it is done with the best of intentions, but I do not think it is very helpful to the child. Very often a child who is singled out from the rest of her peers in the classroom is made to feel different in some way or another. This is not very helpful to that child in the relationship with the rest of the children in the class. I hope, therefore, that when my noble friend comes to reply to this debate she will be able to take into account not just the position of teachers and those whose views will have been protected as a result of the amendments that are being proposed but the position of parents who might equally be offended by these matters.