Marriage (Same Sex Couples) Bill

Baroness Knight of Collingtree Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness Knight of Collingtree]

My Lords, in the first debate on the Bill, I warned that we were losing the right to have and live by a conscientious objection all the time. I gave a number of instances, one of which has been referred to today, which was the simple and widely known fact that all Catholic adoption agencies have had to close because they are not happy about putting a child in a home where there are two men or two ladies. I agree completely with what was said in the earlier debate about the monstrous way that we in this country and, I am afraid, other countries have treated homosexuals in the past. However, those who point out how wrong that was are saying, “But it’s only wrong up to a point. We can demand that other rules are made that aren’t fair”. More and more I come to the conclusion that one person’s human rights are the denial of another person’s human rights.

We agreed years ago—I think the first well known example occurred during the First World War—that people were able to have a conscientious objection to fighting. They were given other jobs, which were extremely important in the war effort, and that happened in the last war, too. We must guard and guide that trend. It is woefully and obviously wrong to say today that it is right that conscientious objections shall, in certain circumstances, be smothered. It has to be wrong. We must stand and defend those conscientious objections.

I am also very concerned about what the noble Baroness, Lady Williams, said. She pointed out, unless I misheard, that being a registrar was the first step to a whole career. The fact that apparently we can do nothing about these future circumstances must mean that many people will not be able to go into the career that perhaps they have planned for many years. I urge noble Lords to recognise that it is very dangerous for a free country to deny a person’s right to live by their conscience. We may not agree—it is not important at all—but everybody has a right to their conscience and to live by what it tells them. It is only fair to say that we must try to give the same human rights to everyone.

I know that the noble Lord, Lord Alli, is a fair man. I think that when he considers again his suggestion that just because you have a certain job you should be forced to act against your conscience, he will see that that is the wrong road to take. I support, with many congratulations, those noble Lords who put their names to this amendment, the aim of it and what will happen. I am quite sure that plenty of other registrars who do not hold the same view will be available, and couples who wish to be married will easily be able to be married by them.

[Lord Higgins]

My Lords, the crucial point is that we have to take account of the fact that some individuals may be affected. What representations have been made on their behalf is not the point. We need to allow for the fact that some such individuals may have serious grounds of conscience. I turn to the point made by the noble Lord, Lord Pannick. He says that these people have a contract, as registrars, to carry out marriages. However, the crucial point is that the marriage that they are now asked to carry out is not what they understood marriage to mean when they signed the contract. We have to take account of the fact that we are changing the rules after they have accepted the job. On a purely transitional basis, there is an overwhelming case for us to agree this amendment.

--- Later in debate ---

[Baroness Royall of Blaisdon]

My Lords, the noble Lord, Lord Dear, spoke of traditional marriage being worthy of respect. Indeed, traditional marriage, in his words, is worthy of respect. But, the great thing is that after the passing of this Bill, same-sex marriage will be equally worthy of respect. That will be a matter for celebration. This is because at the moment marriage is a voluntary union of one man and one woman, but with the passing of this Bill I am delighted that marriage will be extended to the voluntary union of one man and one man, and one woman and one woman. I think that we are really motoring along.

No one is asking people to abandon their beliefs. The Bill does not suggest in any way that they should or that they must, as has been said so many times in the debates thus far. The reality is that it is absolutely clear that alongside the protections in the Human Rights Act, the common law protection of freedom of speech and the existing protections in the Equality Act 2010, religion or belief will continue to ensure that it is unlawful for an employer, service provider, public body or anybody else to discriminate. There is absolute freedom of speech. The Minister could not have been clearer when she said in Committee that:

“The Bill absolutely makes it lawful, and continues to make it lawful, for people to believe that marriage should be only between a man and a woman”.—[Official Report, 17/6/13; col. 72.]

That is clear.

[Baroness Knight of Collingtree]

I am most grateful. I ask a very quick question, in the light of the fact that the noble Baroness just told the House that nobody will be forced to act against their conscience. Have we not recently passed an amendment which will make it very likely that a number of registrars will be forced to do so?

[Baroness Royall of Blaisdon]

My Lords, the issue pertaining to registrars is not to do with conscience but with the fact that registrars are public servants, and they are upholding the law. In being a registrar they are doing their duty as public servants. Their beliefs are nothing to do with their work as a registrar. This amendment is completely different. It is to do with freedom of belief and freedom of expression, which I believe are a hallmark of democracy. Individuals must be able to reasonably express their views on these issues, as indeed they are.

The amendment put forward by noble Lord, Lord Dear, and the amendment to that amendment put forward by the noble Lord, Lord Cormack, are not only unnecessary, but they could dovetail into some concerns expressed earlier by the noble Lord, Lord Elystan-Morgan. He was concerned about having a sort of gold hallmark of marriage, and then a sort of tarnished, baser metal marriage for same-sex couples. We want marriage for same-sex couples and heterosexual couples to have equality of esteem. They must have this. I am therefore against the amendment.