Marriage (Same Sex Couples) Bill

Baroness O'Loan Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness O'Loan]

The noble Lord said that that would have been possible only in cases where one is lawfully permitted to say, “I cannot marry you”. The noble Lord said that it was for Parliament to decide. If that is the case, what we are trying to decide here is: what does Parliament want to decide? We cannot make a decision until we have decided it, so the question must be open. We have situations in which Parliament has decided that it is perfectly legitimate for someone to exercise their freedom of conscience—

[A noble Lord]

Ask the question.

[Baroness O'Loan]

I am asking the noble Lord the question. Surely the noble Lord will agree that there is an exception in that situation in which Parliament has decided. We could make another exception.

[Baroness Northover]

My Lords, before the noble Lord answers, I remind the House that noble Lords can be interrupted with a brief question for clarification. Noble Lords have an opportunity to make a speech—one speech.

--- Later in debate ---

[Lord Peston]

My Lords—

[Baroness O'Loan]

My Lords—

[Lord Peston]

The noble Baroness has spoken.

[Baroness O'Loan]

No, I asked the noble Lord, Lord Lester, a question. I will speak briefly as this is a modest amendment. The question has been asked as to why registrars should be exempt. Three years ago, the leader of the Government said that there would be no legislation for same-sex marriage. Therefore, it is not inconceivable that the people employed in registry offices might have formed a legitimate expectation that that would be the case. We have to accept that a consequence of this legislation will be to exclude from being employed as registrars people in the Islamic, Sikh, Orthodox Jewish and Christian communities who have profound beliefs. We simply have to accept that consequence. It is for Parliament to legislate and if Parliament makes that decision, that is proper. However, we have to bear in mind that there is a significant problem for Islamic women who get married in a religious wedding, think they are married and then find that, because there has been no civil marriage, they are not married and can be set aside.

Marriage is a foundation stone for what stability remains in our society. We must do all we can to enable existing registrars, who may be members of those religions and who will be excluded from being employed as registrars—Muslims, Sikhs, Orthodox Jews and certain Christians—to continue to do their job. That spirit of generosity of which so many Members have spoken is very much part of the tradition of this House. I support this amendment because of its significance for those communities and because of the need to care for all the communities in our great country.

--- Later in debate ---

[Lord Wallace of Tankerness]

I am grateful to the right reverend Prelate for clarifying that, but he said that 30 years ago he was in a minority and he may agree that some high-profile marriages of divorcees have taken place in the Church of Scotland because of the apparent rules of the Anglican Church. The point remains that there may have been people with profound religious views on why they should not remarry a divorcee who was divorced on the grounds of adultery, but if the route of a civil registry marriage had been cut off, they would have found life to be very difficult indeed.

Equally, I have heard what has been said about the National Panel for Registration. Concerns were expressed in Committee about the consultation that it had undertaken, and that is why my right honourable friend the Secretary of State sought further—

[Baroness O'Loan]

The Minister said that it would have been profoundly difficult if that route had been cut off. Does he think that this amendment would cut off the possibility of people of the same sex marrying?

[Lord Wallace of Tankerness]

I was making the point that there are a number of grounds on which one might say one had a religious belief. Are we to have a hierarchy of religious beliefs, some of which will allow a registrar to exercise a conscience clause and some of which will not? However, as the noble Baroness, Lady Richardson, said, there might be some areas of the country with a small number of register office staff where it could be difficult to find a registrar who would marry them.

We sought further information from the National Panel of Registration and its letter has been placed in the Library of your Lordships’ House. As my noble friend Lady Noakes indicated, there has not been a huge demand for this amendment, quite the contrary. It would be easy to dismiss this letter but very often the House calls for the views of bodies which represent particular organisations. The letter states:

“The objection to a conscience clause is based on Registrars being local authority employees who are expected (and willing) to carry out all the functions that their role covers. On a daily basis, Registrars deal with many scenarios that for those with strong beliefs (religious or otherwise) would possibly not be able to carry out. Examples include: registering the birth of a child from a same-sex couple; undertaking marriages for previously divorced persons; or carrying out civil ceremonies and registrations. Registration Services and, in particular, the Registrars, are passionate and proud about the services they deliver and the customers they work with. For the past 176 years, Registrars have been carrying out their duties and have never wanted a conscience clause, and do not see the need for one now … The beliefs we bring to work are respect and tolerance and we would wish that to continue”.