Marriage (Same Sex Couples) Bill

Debate between Lord Trefgarne and Baroness Thornton

Wednesday 19th June 2013 Lords Chamber

[Lord Trefgarne]

This is in essence a probing amendment. However, like all good probing amendments, it has the merit of being properly drafted, and could readily form a useful part of the Bill if the probing is not particularly successful or satisfactory. I must say that my research into the legal basis for marriages at sea has been difficult and tortuous, and I am still not entirely clear what the statutory basis is. No doubt the Minister will be able to tell me in a moment. Neither the Public Bill Office nor the Library could identify the particular legislation that apparently authorises marriage at sea. Is there such a thing as a common-law marriage? Oh dear, I am getting into deep water.

Seriously, as everybody knows, captains of ships often carry out marriages. Indeed, one noble Lord—who shall remain nameless—was telling me earlier today that he had indeed been married at sea by the captain. Unfortunately, some years later, when he sought a divorce from his wife, some doubt was cast on the validity of his marriage, which could apparently have been a good thing in simplifying the divorce. None the less, that was a complication that was not looked for.

It is important that, if we are to pass this Bill into law—doubtless we are, even to the regret of many of us, including me—it must be as rational and sensible as possible. If there are to be single-sex marriages in England and Wales at least, marriages at sea—which I believe have formed part of English law for a great many years—should be included in that arrangement. That is the purpose of the amendment that I have tabled.

I have drafted it in a way that I think is sensible; namely, so that it should apply outside British territorial waters. If it were to operate inside our territorial waters, I believe that would create complications. Further, I would suggest that we can extend our legislation only to British-registered ships, although I may be wrong about that. However, that seems both sensible and appropriate. On that basis, I beg to move.

[Baroness Thornton]

My Lords, I recommend that the noble Lord, Lord Trefgarne, should google marriages at sea. It says that captains can perform marriages, but they need a licence to do so, just like anyone else. There are no laws that automatically grant captains the right to marry, although you would not know that from watching the television. Apparently this possibly originates from the days of sail when Europeans would have to travel by ship for months at a time to reach far-flung colonies. A couple might meet, court and marry while en route to their destination.

The same Google search threw up a quote. I am a great fan of “Star Trek” and the Starship “Enterprise”. Apparently, Captain James T Kirk said:

“Since the days of the first wooden vessels, all shipmasters have had one happy privilege, that of uniting two people in the bonds of matrimony”.

Captain Kirk’s successor, Captain Jean-Luc Picard, played by Patrick Stewart, a fellow Yorkshireman and great Labour supporter, said, “Make it so”.

[Baroness Northover]

My Lords, my noble friend’s amendment would enable marriages of same-sex couples to be conducted by the master of a British-registered vessel on the authority of a superintendent registrar’s certificate outside the territorial waters of England and Wales. However, this is not a right possessed by opposite-sex couples, so this would in fact be out of line. I am absolutely delighted to fill in my noble friend on marriage at sea, and I have learnt a great deal about it as well.

At present, the validity of a marriage on board a British merchant vessel is governed by the law of the country in which that vessel is registered. In the law of England and Wales, the Marriage Act 1949 does not provide for marriages to take place on board UK registered vessels at sea, and the Foreign Marriage Act 1892 applies only to marriages outside UK jurisdiction. Neither is it clear that the common law of England and Wales provides authority for the validity of marriages that are celebrated on merchant vessels at sea, although there are historic authorities which suggest that a marriage could be formed under the common law only if it was not possible to wait until the ship reached port. It is unclear whether those authorities still apply, given that there is now statutory marriage law covering both domestic and foreign marriages. However, in any event, such a scenario is extremely unlikely to arise in current times. Therefore, at present, we do not believe that it is possible for a heterosexual couple to have their marriage formally solemnised by the master of a British ship.

I can fill my noble friend in on some additional material, but probably not tonight. The purpose of the Bill is to enable same-sex couples in England and Wales to marry in a civil ceremony, or in a religious ceremony if the religious organisation opts in. It is not intended that marriage for opposite-sex couples should be altered, even if everybody does want them to get married at sea, or that the Bill should bring about wider changes to marriage law. I hope, therefore, that although he is no doubt disappointed, my noble friend will be happy to withdraw his amendment. Lastly, I will supply him with more information than either Google or his own investigations have produced.