Humanist Marriages

Andy Slaughter Excerpts

Thursday 27th January 2022 Westminster Hall

[Andy Slaughter (Hammersmith) (Lab)]

What a pleasure to speak in a debate chaired by my constituency neighbour, Dr Huq, I think for the first time. I congratulate the hon. Member for Reigate (Crispin Blunt) on bringing this important debate forward. I was intending to speak in it, before I was elevated—if that is the right word—to the spokesperson position. He has championed this issue, and others. Only this week, I was lobbied by the National Secular Society on his Education (Assemblies) Bill. He is the apostle of the secular, but never of the mundane.

I thank my hon. Friends the Members for Luton South (Rachel Hopkins), for Llanelli (Nia Griffith) and for Manchester, Withington (Jeff Smith), who have all spoken eloquently, with examples of how humanist marriage works and their own testimony as humanists. They have also, which has been a common theme in the debate, emphasised the logic of where the issue is going and the unfairness of the current situation.

There is really only one point for the Minister to address, which is to explain the puzzle of why the Government are dragging their feet. I hope we will hear a clear exposition on that. In the words of the letter from 53 MPs—including myself—that we have heard referred to, humanist couples in England and Wales simply ask to have the same freedom of choice to marry in line with their beliefs as their religious counterparts. I hope the Minister does not disagree with that.

I have another quote, this time from my hon. Friend the Member for Stretford and Urmston (Kate Green), about putting right

“a long-standing injustice in a simple and uncontroversial way.”—[Official Report, 21 May 2013; Vol. 563, c. 1074.]

The door is open, more than ajar, and the Government have only a small step to take through it. My hon. Friend said those words in a debate on the Marriage (Same Sex Couples) Act 2013, to which she, from the Labour Front Bench, was proposing an amendment that would have extended legal recognition to humanist marriages. That is now nine years ago. As has been the case throughout, she was supported by colleagues from across the House.

Labour supported similar amendments during the passage of the Bill through the House of Lords. Its efforts led to section 14 of the Marriage (Same Sex Couples) Act 2013, which gives the Government the power to enact legal recognition of humanist marriages by order. In other words, most of the groundwork has been done. Looking back at Hansard, I am struck by the fact that during an earlier debate, when the late Lord Eden of Winton was objecting to the attempt to get humanist marriage into the Bill, my noble Friend Baroness Thornton, speaking for the Labour Front Bench, intervened on him to ask:

“Does the noble Lord think that the humanists need to wait another 19 years for another Bill to come passing by?”—[Official Report, House of Lords, 19 June 2013; Vol. 746, c. 303.]

Well, we are nine years later already, so nearly half of that time has elapsed, and humanists are still waiting.

The Government have been reviewing the matter ever since, with several more years anticipated before they are prepared to legislate. They have not even committed to do so all this time later—the Minister could put that right today. In the face of the High Court decision in Harrison, which now looks a little disingenuous, given the position the Government took in that case, it looks as if Baroness Thornton’s question will sadly prove prescient.

In November last year, I spoke for the Labour Front Bench in the main Chamber on the Marriage and Civil Partnership (Minimum Age) Bill. There has been a piecemeal approach to marriage reform over the last few years. I mentioned in that speech that there had been good movement and progressive legislation on civil partnerships and same-sex marriage.

One Bill that I was involved in was a private Member’s Bill introduced by the hon. Member for East Worthing and Shoreham (Tim Loughton) and, indeed, enacted. It permitted opposite-sex couples to have civil partnerships. That was a peculiarity in the law and perhaps something that needed addressing. Again, it was a long struggle. My constituents Charles Keidan and Rebecca Steinfeld fought a four-year battle, going as far as the Supreme Court, for their right to have a civil partnership. The Government do not move easily on these matters, but they move in the end, and I wonder why they have to make it so difficult. With that in mind, my advice would be to learn from their past mistakes and stop dragging their feet by giving legal recognition to humanist marriage, instead of there being further delay.

To answer my question as to why humanists have been made to wait, in 2014 the Government conducted a consultation exercise about extending legal recognition in that way. The result was 95% in favour, but again the Government kicked it into the long grass. At that time, an article in The Sunday Times on the matter quoted a senior Government source as saying:

“Lynton Crosby and the Tories have basically said ‘no way’. They think this is a fringe issue and are saying, ‘why would we do this?’”

If that was an accurate report, Mr Crosby and his colleagues were wrong both to be so dismissive of the fundamental rights and freedoms of humanists and to think it was a fringe matter, given that humanist marriages have proven, even without legal status, to be hugely popular and have grown greatly in popularity in those jurisdictions where they are legally recognised.

As I mentioned, Labour has pledged to give legal recognition to humanist marriage, and that has been its consistent position for many years now. The Government have undermined their own position by introducing outdoor civil and religious marriages, as we have heard. Why are they okay? Why was that change made just a few week ago, but humanist marriage reform is not seen to be a priority? Why have humanists been at the back of the queue for so long, and what reason is there for making them wait any longer?

It is not only Labour that supports humanists and humanist marriages. As I said, colleagues from across the House support legal recognition of them—not just the Members who signed the letter that was published today but those who subscribed to speak in the debate, even if some of them have been unable to attend. The hon. Member for Gillingham and Rainham (Rehman Chishti), who was for quite a period the Prime Minister’s special envoy for freedom of religion or belief, introduced a Bill to bring about the legal recognition of humanist marriage in 2020. He said:

“The lack of legal recognition of humanist marriages in England and Wales is discrimination, pure and simple.”

[Crispin Blunt]

I am grateful to the hon. Member for reminding me that I had forgotten the request from my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) to make that precise point about how much he supports the Government moving on the issue.

[Andy Slaughter]

I am glad to have jogged the hon. Gentleman’s memory. To continue with the quotation, the hon. Member for Gillingham and Rainham went on to say:

“This matter has been under review for some seven years now”—

this was two years ago—

“and that’s more than long enough. My Bill would bring about legal recognition of humanist marriages within three months of its passage, thus enabling the many who want a legally recognised humanist marriage to be able to have one now. It would not prevent further changes to the law, after the completion of the present Law Commission review, but would remedy the present discrimination.”

It seems certain that there would have been majority support for such a move, were the Government to have given it sufficient parliamentary time two years ago.

That support can be seen around the rest of the UK. We have heard that humanist marriages were introduced in Scotland in 2005—under a Labour Government, I might add—when the Registrar General identified that he could bring them about by reinterpreting existing legislation that applied to religious marriages. Sadly, the wording of the law in England and Wales renders such an approach here impossible.

Support can also be seen in Northern Ireland, where humanist marriages have been legally recognised since 2018. That was initially brought about by a court case that was necessary as a result of Government inertia during the lengthy collapse of the Executive. However, I understand from Northern Ireland humanists that since the resumption of power sharing they have had nothing but friendly and supportive meetings with Members of the Legislative Assembly and Ministers from all parties.

It is worth noting that the Northern Ireland Executive is currently consulting on introducing legislation to put humanist marriages on a firmer statutory footing, rather than relying on the court decision, as at present. That strikes me as a sensible way to go about things: fix the fundamental discrimination of the lack of legal recognition of humanist marriages as early as possible, get such marriages going, and then look to develop legislation to put them on the firmest possible footing. Such an approach avoids nine years and counting of consultation, and of disappointment for couples such as Kate Harrison and Christopher Sanderson—Kate being the lead claimant in the 2020 court case. They are waiting for a change in the law before getting married, mirroring the example of my constituents in the civil partnership case, who had to wait years simply to get something that most people regard as a basic human right. They have been waiting for far too long.

We have heard about Wales. Unfortunately for the Welsh, marriage law is not a devolved matter. Last year, the Labour Government in Wales wrote to the UK Government demanding immediate legal recognition of humanist marriages or, failing that, for marriage law to be devolved so that the Welsh Government could act where the UK Government have not. It is manifestly past time for the UK Government to act. I hope that they will now do so.

The law is discriminatory. It treats humanists as second -class citizens. It imposes additional financial burdens on them. The excuse that the Government wish to comprehensively address the issue is clearly wrong because they are approaching matters in a piecemeal way. It would be extremely simple to make the change. On that basis, I simply ask the Minister whether he can confirm what the Government will do—not waiting for the Law Commission initially—to bring humanist marriages into legal effect as quickly as possible. I have received numerous letters from constituents this week and last week—like many Members present, I am sure—in anticipation of the debate, all asking those questions and others.

This is not the only issue outstanding; I also mentioned, the last time we debated marriage, the issue of common-law marriage. I am not suggesting that we wait until we sort that problem out, because that is a problem that affects 3 million couples—6 million people. It has quite significant, and in some cases devastating, financial effects on people who believe they have security but find out upon the death of a partner, or after separation, that they simply do not. There are a lot of further steps that the Government need to take, but that is not a reason for holding up the simple, straightforward and uncontroversial step of giving legal status to humanist marriages. I hope we will hear from the Minister today that that is about to be done with great speed and enthusiasm.

--- Later in debate ---

[Tom Pursglove]

I certainly take on board the hon. Lady’s point. Colleagues here this afternoon have made that argument in very strong terms, and it is one that I am mindful of. I also note the individuals who decided not to get married and to wait and see what the Government’s next steps will be following publication of the Law Commission’s report.

In 2014 the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. It concluded that the matter was complex, and that by allowing humanists to solemnise marriages in unrestricted locations, the Government would create a provision for humanists that would not be available to all groups. To ensure that we consider the implications of changing the law on marriage for all groups, we invited the Law Commission to undertake a review, which is currently under way and is expected to report in July.

The Government remain committed to considering the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review of the law in this area. Options being explored by the Law Commission include offering couples greater flexibility on the form of their own ceremonies; allowing the ceremony to take place in a much broader range of locations; and providing a framework that could allow non-religious belief organisations, such as humanists, and independent celebrants to conduct legally binding weddings.

As part of the review, the Law Commission will consider how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme that is simple, fair and consistent for all groups. Legislating to allow humanist marriages now would pre-empt the Law Commission’s report, which is expected to provide a framework that could allow for humanist weddings. Although I recognise the frustration that many have felt while waiting for the publication of the Law Commission’s report, it is right that we do this properly through a wholesale reform of marriage law, which can provide for humanist marriage while preventing disparity from being created with other groups.

By looking at the law comprehensively, the Law Commission will be able to ensure that, in so far as possible, groups and couples are all subject to the same rules and the same level of regulation. The Law Commission’s recommendations are expected to eliminate the current situation where a couple with one set of beliefs is legally permitted to marry in one type of location—for example, in a private garden—but a couple with another set of beliefs is not. That reform is not possible by only authorising humanist weddings. The Government will carefully consider the Law Commission’s recommendations when the final report is published, and it is right for us to await the outcome of that.

Separately, since July 2021, couples have been able to have their civil marriage and civil partnership proceedings in the open air in the grounds of buildings such as stately homes and hotels that are approved, or become approved, for civil ceremonies. Outdoor ceremonies were made possible because the Government laid a statutory instrument at significant pace when covid was at a peak in order to give couples more choice of settings, and to support the wedding and civil partnership sector. I think all of us would recognise that that was an important step to take in the context of the pandemic when individuals did of course still want to get married and when there were important considerations for businesses up and down the country. That was the right thing to do.

I am proud that couples were given a lifeline to enable them to have some semblance of normality on their big day when there were restrictions in place. Some have said that was an example of piecemeal reform, but that is not the case. It was a measured response to the most significant public health crisis this country has faced, allowing couples and their loved ones to celebrate their special days safely.

One of many venues to have benefited from the statutory instrument was Hodsock Priory, which said:

“Guests love it as it feels romantic and is COVID safe. It’s a positive experience and asset to our venue.”

As the statutory instrument has effect only until 5 April 2022, it is right that we make these changes permanent.

This week, the Government’s consultation on outdoor marriages and civil partnerships closed. The Government are fulfilling their commitment to carry out a full public consultation on outdoor weddings and to lay a further instrument to make the current time-limited changes permanent in spring 2022. This will continue to provide flexibility and choice to couples, venues and the wider wedding industry, in a sector in which almost 75% of all weddings are civil ceremonies and more than 85% of those are held on approved premises—a sector that has been hit hard by the pandemic.

When the Government announced the temporary measures for civil ceremonies in June 2021, they also committed to legislate to enable outdoor religious marriage when parliamentary time allowed. The outdoor marriage and civil partnerships consultation also sought views on the proposal. This proposed reform to religious wedding ceremonies is being considered to maintain parity between couples seeking a civil or religious wedding by providing similar choice and flexibility and allowing such ceremonies to take place outdoors.

[Andy Slaughter]

I think we are all grateful for the Minister’s sentiments, but I am not sure that we are persuaded by his arguments. Even if we are moving in the right direction, it is going to be another couple of years if we wait for the Law Commission. There is nothing to stop an interim provision, which—if the Minister is concerned about disparities—could limit humanist weddings to approved premises in the same way as civil or religious ceremonies. That would mean that thousands of couples who want to get married and may have been waiting years to do so could go ahead now. It seems unnecessarily harsh to make them wait that length of time, even if the Government do get there in the end.

[Tom Pursglove]

It is my understanding that humanists can get married by their chosen celebrant on approved premises, but that the superintendent registrar and registrar must be present. To allow that to take place without the superintendent registrar or registrar would require an affirmative statutory instrument, which, by itself, would take around eight months to deliver. It would not be an immediate change.

[Andy Slaughter]

We have had some experience in the last two years of getting statutory instruments through in rather less than eight months. I am sure it could be rushed through in four.

[Tom Pursglove]

The hon. Gentleman will know that I always try to set expectations in the House at a reasonable level. I do not think it is right to set unrealistic expectations about such things. That is the situation, as I understand it, were we to go down the route he advocates.

I reiterate my thanks to my hon. Friend the Member for Reigate—I know he will continue to engage with me on these matters, and I will certainly welcome such opportunities—for bringing this important issue to the House’s attention. I wish to reassure him and other hon. Members present that this issue is very much on my radar. The provision of humanist marriages is something that I will carefully consider. However, it needs to be done when the time is right and through proper consideration of all the issues involved. By waiting until the Law Commission provides its recommendations in July 2022, we will have a clear and comprehensive view of the opportunities associated with comprehensive reform to marriage law and options to address the concerns raised during this debate.

As I said at the outset, I am mindful of the strength of feeling in the House on this issue, as well as the strength of feeling among individuals in all our constituencies. My own constituents have written to me about this issue over the last week or so, in advance of the debate, and I am grateful to them for contacting me as their local MP. I am mindful of their strength of feeling. I give the House the undertaking that when the Law Commission produces its report, as the Minister responsible, I will of course want to take a look at it in very short order, progress with these reforms, see what the commission recommends and make informed decisions about how best to proceed.