Andrew Selous
Main Page: Andrew Selous (Conservative - South West Bedfordshire)Marriage (Same Sex Couples) Bill
Andrew Selous Excerpts
Mr Speaker
Order. May I just explain that the hon. Member for Rhondda (Chris Bryant) on the Opposition Front Bench must start his speech no later than 6.40 pm?
Andrew Selous (South West Bedfordshire) (Con)
I rise in support of new clause 5, which says that
“no person should suffer any detriment in respect of the holding or the reasonable expression”
of a belief in marriage as that between a man and woman.
My hon. Friend the Member for Stourbridge (Margot James) has reminded the House of the hatred, abuse, aggression and, indeed, the discrimination that she and others have suffered. That was wrong, so it is with humility that I ask her to bear in mind that others who take a contrary view to hers on the Bill may also find themselves subject to discrimination.
The question is this: should there be space in public life for people who hold to the current definition of marriage? That is not a theoretical question. The case of Adrian Smith has already been discussed. I will not go through it again, because time is short, but I remind hon. Members that he was a dedicated local authority housing officer who then worked for a housing association and was very well thought of. He served everyone, regardless of their situation, but he lost his job because of private remarks on his private Facebook page, and he is now doing charitable work in Africa because his job was taken away from him. The hon. Member for Newcastle upon Tyne North (Catherine McKinnell) said in her excellent contribution that she hoped that people will be dealt with in an inclusive and tolerant way. I say to her, with great respect, that I hope she would want such inclusiveness and tolerance to be given to people such as Adrian Smith, who did not receive it.
I say to colleagues on the Government Benches that unless we get the legislation right, this issue will run and run until 2015 and will keep coming back. I gently remind colleagues on the Opposition Benches that no less a campaigner for homosexual rights than Peter Tatchell supported Adrian Smith. He did not agree with his views, but believed passionately in his ability to state them and thought it wrong that his job was taken away, as was that of Rev. Willie Ross, the chaplain to Strathclyde police. It is such things that we must guard against.
Chris Bryant
I want to start by paying tribute to the hon. Member for Enfield, Southgate (Mr Burrowes). Although I disagree with him passionately on every element of the Bill, I none the less enjoyed sitting on a panel with him at a school in his constituency to tackle the problem of homophobic bullying in the area. I pay tribute to the work that he has done on that issue.
I understand that many people of religion disagree fundamentally with every element of the Bill. I hope that one day they will be amazed that they ever held those views. Some have said that the Church used to support slavery and that it no longer does. A better analogy might be the Church’s attitude to the role of women and, for that matter, women in marriage 100 years ago, compared with its views today. For those who have a strong religious bent, I note that the Church of Scotland has voted today to allow homosexual clergy. I think that Churches will change and I do not want to lock them in so many ways that they are not able to do so.
I and my hon. Friends believe that equality under the law is a vital principle. The Equality Act 2010 is a subtle and intelligent piece of drafting which ensures that people’s religious belief is as protected as their sexual orientation. I worry about some of the new clauses and amendments before us, because they would upset that balance.
Hon. Members have referred to the chilling effect of what they call “political correctness” and of this kind of legislation. I say simply that if they look around the world and listen to the experiences of many gay and lesbian children in schools, they will see that hateful speech is alive and well. That is why a gay or lesbian child is six times more likely to commit suicide than a heterosexual child. We need to take seriously the fact that the language that people use merely because they oppose same-sex marriage adds to that sense of hatred and unpleasantness. To make the point, one has only to mention the names of Stuart Walker, who was burned to death only a few years ago for being gay, and Jody Dobrowski, who was murdered not far from this House.
I want to deal with the new clauses and amendments. New clause 1, to which many hon. Members have referred, is fundamentally ill-conceived. I do not doubt that some people are concerned about what teachers will be able to teach in schools. However, some of the understandings of teaching that I have heard this afternoon are completely misplaced. The hon. Member for Aldershot (Sir Gerald Howarth), belted knight that he is, elided preaching and teaching. My fundamental point is that not much teaching should be preaching. That is the experience in every religious school in this country. Such schools want people to embrace the central understanding of every religion, which is that conscience trumps everything else. If that is the case, why would they want people to adhere to a line or to be indoctrinated? They would not. They want people to learn how to understand the facts and the world in which they live so that they can make good decisions for themselves.
The Education Act 1996 states very clearly:
“The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools…they learn the nature of marriage and its importance for family life and the bringing up of children”.
I do not think that anybody disagrees with that. Secondly—and this is vital to the point that some hon. Members have made—it states that pupils 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.”
Therefore, the Act already embodies precisely what new clause 1 seeks to achieve.
Where new clause 1 fails is that it undermines the next bit of the Act, which states:
“In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.”
The new clause would make the Secretary of State’s guidance completely and utterly irrelevant.
Chris Bryant
I will not give way to the hon. Lady if she does not mind. I would normally be very generous, but there is not much time.
A registrar is there solely to register that which is lawful. They are paid by all taxpayers, not just by some taxpayers. If Parliament decides that same-sex marriages are lawful, how can it be right for somebody to be rejected? Why do we not introduce a clause that says that sextons, who are public employees, can refuse to bury suicides, or that a registrar can refuse to marry a divorcee? Of course we have never done that, because we believe that everybody should be treated equally under the law. How can we say that commercial enterprises, such as bed and breakfasts, cannot discriminate in the provision of goods and services, but that the state can discriminate in the provision of marriage services? I hope that hon. Members will think twice about supporting those new clauses.
Likewise, hon. Members should think twice about supporting new clauses 4, 5 and 6, which would effectively drive a coach and horses through the Equality Act 2010. I say to the hon. Member for Enfield, Southgate (Mr Burrowes) that there is a fundamental misconception about how the Act works. It does not protect the individual belief within religion; it protects the religion. It is not transubstantiation that is protected, but Catholicism. It is not a belief in the afterlife that is protected, but Christianity. It would be invidious to introduce any special provision that breached that.
Chris Bryant
I will not, I am afraid, because we are very short of time.
I gently suggest to hon. Members that the language that is used in some of the new clauses and amendments comes far too close for the liking of many people to a repeat of section 28. That did damage and we do not want to see it again.
I urge Members not to drive a coach and horses through the equality legislation, which treats everybody equally, regardless of their religion or sexuality.
Hugh Robertson
The Government have listened extremely carefully on Second Reading, in Committee and today to the concerns that have been expressed. We will do everything that we can to provide the safeguards that are necessary to meet colleagues’ concerns, where those concerns are justified.
Time is short because I believe that my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) wants to speak at the end of the debate, so I will quickly go through a few of the issues that have been raised. I ought to start by speaking to Government amendment 23, which will provide further protection for chaplains, such as hospital and university chaplains, who are employed by secular organisations. We made a commitment in Committee to look at that matter again and we have accepted that something further can be done. If the possibility of a marriage conducted by a chaplain is a benefit to employees offered in the context of that employment, a refusal to conduct such a service by a chaplain for an employee could conceivably fall foul of provisions in part 5 of the Equality Act 2010. We have therefore tabled amendment 23, which I believe puts the issue beyond doubt.
Amendment 24 addresses a point raised by the hon. Member for Rhondda (Chris Bryant) about the Church in Wales and places a statutory duty on the Lord Chancellor. Once he or she is satisfied that the governing body of the Church in Wales has resolved that the law should be changed to allow for the marriage of same-sex couples according to its rites, he or she “must” by order make such a provision. That meets a commitment made in Committee and is a simple amendment that gives the Church in Wales the reassurance it sought.
Let me turn to education, faith schools and new clause 1. I am extremely grateful to my hon. Friend the Member for Enfield, Southgate for his speech, and hope to provide him with some reassurance. As he knows from Committee, no school or individual teacher is currently under a duty to promote or endorse a particular understanding of marriage, or would be as a result of the Bill or any revised future guidance. There are two clear reasons for that. First, the guidance is to secure that pupils
“learn the nature of marriage and its importance for family life and the bringing up of children,”
not to secure that teachers promote or endorse any particular view of marriage—in a sense it is the difference between explaining and promoting. Secondly, teaching in this area should always be balanced and sensitive to pupils’ backgrounds, which for many will be reflected in the school’s ethos. Guidance contrary to that ethos would not meet those criteria.
If Members want further reassurance, I draw their attention to Lord Pannick, who I think is universally recognised to be an expert in this area. He said that it is “inconceivable” that a teacher could be lawfully disciplined for explaining to a child of an appropriate age that the law allows for same-sex marriage but that many religions—or indeed the teacher—do not believe in it. Finally, I draw the House’s attention to evidence given to the Committee by the Secretary of State for Education.
However, it is clear from the number of hon. Members who have signed new clause 1 that many remain concerned about the level of protection for teachers. Although I am confident that the existing protections are sound, I am aware of concerns raised by the Church of England and mentioned by many hon. Members. With that in mind, I commit to the House that we will take the issue away and discuss it further with religious groups with whom we have been engaging throughout this process. We have been in close contact with all of them, and will consider all available means—including an amendment if necessary—to put the issue beyond any doubt in the other place.
I am grateful to my hon. Friend the Member for Enfield, Southgate for tabling amendment 50, which amends the Public Order Act 1986. We debated it at some length in Committee, and since then we have been thinking further to try and meet the concerns of many colleagues. Regrettably, the wording used in the amendment could—no doubt entirely unintentionally—give the impression that this aspect of criminal law is not to be applied even-handedly, and for that reason I cannot accept it as it stands. The provision is already there, however, and we fully understand the concerns and will work to table an amendment in the other place to try and satisfy them.
Let me turn briefly to marriage registrars, although the news is rather less promising. We debated the issue at length in Committee and I am afraid my views rather hardened as the debate went on. I do not believe it is appropriate or right to allow marriage registrars to opt out of conducting same-sex marriages either permanently or on a transitional basis. Like it or not, they are public servants who should carry out the will of Parliament, and allowing exemptions according to conscience in my view sets a difficult precedent. Furthermore and crucially—this is important—the consultation with the national panel for registrars revealed absolutely no concerns whatsoever about conscience, and it would be unusual for the House to pass a new clause if the national representative body did not ask for such an exemption.
On new clause 4, I know that some Members continue to have concerns that employees and organisations will risk action being taken against them under the Equality Act if they express the view that marriage should be only between a man and a woman. However, discriminating against someone because they hold such a belief, whether for religious or philosophical reasons, is unlawful under that Act, and I am happy to place that on the record.
The case of Adrian Smith has been mentioned by a number of Members. He won his case in the end but his award was so small because he failed to bring the case within the time laid out in the employment tribunal. We looked into the case carefully in Committee, and the judge made it absolutely clear that had Adrian Smith applied in time, there was every reason to suggest that the tribunal would have been able to award him “substantial compensation”. The fact that the case was not brought in time led to that particular result.
Andrew Selous
I believe that Adrian Smith had to find £30,000—or it was found for him. What happens to poor people who suffer that type of discrimination and do not have that money?
Hugh Robertson
That example shows the danger of trying to make law on the basis of one individual case, particularly when—as in that case—the litigant failed to apply and follow the relevant legal processes, making it difficult to take further action on that basis.
On amendment 3 to new clause 5, the important thing about the public sector equality duty is that it is a duty to think, rather than to achieve, a particular outcome. It could not possibly be used to justify an act of discrimination because of a belief by a public authority. New clause 6 seeks to make it explicit that the belief that marriage should be between a man and a woman may be a religious or philosophical belief, and that is indeed protected by the Equality Act 2010. Philosophical beliefs are protected if they are genuinely held, and we are entirely confident that the belief that marriage should be only between a man and a woman meets those criteria 100%.
I know that my hon. Friend the Member for Enfield, Southgate would like a few minutes to wind-up the debate, so I will finish where we started. We ran through all these issues in Committee at some length and we will take note of the will of the House tonight and listen to it carefully. Where we find a need to act, we will take action.