Ben Bradshaw
Main Page: Ben Bradshaw (Labour - Exeter)Marriage (Same Sex Couples) Bill
Ben Bradshaw Excerpts
Mr Burrowes
I will make some progress.
Mark Jones warned that individuals without the benefit of pro bono leading counsel arguing their corner will be terrified that their careers and reputations will be swept from under them. As he said,
“The majority of them simply resign quietly.”––[Official Report, Marriage (Same Sex Couples) Public Bill Committee, 14 February 2013; c. 163, Q421.]
We do not have sight or sound of them.
I will make one final point because I want to allow other hon. Members to speak. New clause 8 and amendment 4 relate to whether the Government’s locks will apply properly. I commend the Government for doing all that they can, particularly through working with the Church of England, to ensure that the locks are adequate. The Church of England is satisfied that the Bill will do what it says. However, it shares the concerns of others that go beyond that. Large denominations such as the Catholic Church and small independent Churches are concerned that they may be discriminated against because of their decision to opt out. The Bill takes us on to new terrain, and not just with regard to the definition of marriage; there is the new terrain of legal challenge. The Government need to be as clear as possible to avoid encroachments on religious liberty.
Mr Burrowes
Whether it is laughter or jeers that we hear, there is a chill wind blowing.
Mr Burrowes
I will give way if the right hon. Gentleman will have a free vote on my amendments.
Mr Burrowes
Will the right hon. Gentleman have a free vote? Will he be exercising his conscience? If not, I will carry on.
There is a chill wind blowing for those who uphold traditional marriage. All the new clauses and amendments tabled in my name and supported by other hon. Members would ensure that the Government mean it when they say that they support religious liberty. Actions speak louder than words. The Government have the opportunity today to use both: they can act to put the right words in the Bill.
Stephen Doughty
I thank my hon. Friend for that intervention.
I wish to draw the House’s attention to the verbal and written evidence presented by Lord Pannick, which I think addressed many of the concerns expressed by the hon. Member for Enfield, Southgate and other members of the Committee regarding the protections and legal status of various people in the Bill. His memorandum to the Bill states:
“The legal position is clear beyond doubt. The Bill states, in unambiguous terms, that no religious organisation or representative is required to marry a same sex couple;”
and he mentions the opt-in and opt-out mechanisms. He also makes clear that:
“For the European Court of Human Rights to compel a religious body or its adherents to conduct a religious marriage of a same-sex couple would require a legal miracle much greater than the parting of the Red Sea”.
He made that point clearly and ended his submission by stating:
“For the reasons set out above, the arguments of those who oppose the Bill are not assisted by legal concerns.”
Mr Bradshaw
Does my hon. Friend share my surprise that some Government Members do not seem to believe the Education Secretary who, in clear evidence about freedom of speech for teachers, said:
“If I thought any legislation, however well intentioned, would make life more difficult for great teachers and great schools, I wouldn’t support it. I have complete confidence in the protection our law offers freedom of conscience and speech.”?
He said that no change to the proposed legislation was necessary.
Stephen Doughty
I totally agree with my right hon. Friend. The Education Secretary made his point clearly and was put under detailed scrutiny by Government Members.
I have held conversations with members of the Church of England and the Church in Wales since the Public Bill Committee, and they seem reassured by a number of the measures put forward and the questions raised. I also point to the simple passion of witnesses such as Alice Arnold, who stated their clear wish to get married and not to have to answer questions about that ambiguously, as they do at the moment. I remind the House of the passion for equality that exists.
I regret that there have been further attempts to muddy the waters by opponents of the Bill outside the House. As I said, the debate in Committee was respectful, but matters have been raised in the press and media over the past few days that cause concern. I have received a number of confused and concerning e-mails and e-mails from people who are absolutely behind the House and the clear majority expressed on Second Reading and behind the polls that show the public’s clear support for the Bill, notwithstanding their respect for those who feel differently. I therefore feel that there is simply no need for a number of the amendments proposed, and having seen some of the evidence presented I would have thought some of them might have been withdrawn.
Mr Leigh
I am afraid that my hon. Friend is deliberately trying to take me down a track completely out with what I am arguing about. I am not arguing in favour of creationism or against it; I am simply making the point that if someone has a profound religious belief—having read the Koran or the Bible—that marriage is between a man and a woman, and if they state that on Facebook, in the classroom or anywhere else, they should be protected. That is the profound and simple point. Let us not get dragged down various alleyways and byways, because we need to do something.
It is true that people talk about controversial issues in the workplace all the time, but I think that same-sex marriage is different. It seems to many of us that if someone dares to disagree with the new orthodoxy that gay marriage is the best thing since sliced bread, they are somehow breaking a new social taboo and doing something in their workplace, particularly in the public sector, that they should not be doing. Some people say that the new clause is not necessary, but it is, because, as we all know, the tenor of debate on same-sex marriage is often characterised, I am afraid—not here, but in the public marketplace; we have heard of cases in the past —by hectoring, bullying and name calling. Given that, as I have said, most decent people will do anything to avoid a scene or do anything that risks the police getting involved, it would have a chilling effect.
Mr Bradshaw
Why does the hon. Gentleman doubt the word of the man who is often described as the darling of the Conservative right—the Education Secretary—on this very matter?
Mr Leigh
No, no; the right hon. Gentleman is making a silly point. He is just trying to play games with something that is very important.
The hatred that is sometimes poured on those of us who simply believe that marriage is between a man and a woman is rather sad in many ways. We are elected politicians. We are tough enough to put up with it, and we get reinforcements from our own constituents who, by the way, overwhelmingly—certainly in my constituency —support my point of view. We are tough politicians, but what about ordinary members of the public who are picked on at work in this way for believing in traditional marriage? Some refuse to believe that this happens, but we have evidence to prove it does.
In January, I introduced a ten-minute rule Bill, which was backed by a good 86 votes to 31 on a Division. I called it the “Adrian Smith Protection Bill”—I said I would come to the evidence of what is now happening in the workplace and this is it. I named the Bill in honour of a gentleman who was demoted for “gross misconduct”. This was a man with a perfect work record who lost 40% of his salary. What did he say? Was he guilty of homophobic behaviour? No; all he said was that same-sex marriage in a church was an “equality too far”, and he put that on a Facebook page. He said it on his private Facebook page, but a colleague at work took umbrage. He raised it with his superiors at Trafford Housing Trust and they pounced on it. They were up, I have to say, for some new gay rights award—nothing wrong with that—and clearly they wanted to burnish their PC credentials. They threw the book at poor Adrian Smith—just a chap with a perfect work record who had not said anything nasty, beastly or homophobic in any sense. He had simply expressed his profound beliefs.
Adrian Smith was told by his bosses that he deserved to lose his job, but that they would commute his sentence to demotion, in view of the high quality of his work. He did not have the money to take the case to an employment tribunal and—this is the important point—on the basis of existing case law, lawyers said that he would not have won anyway, because of the current state of employment and equality law. When there is a clash between gay rights and religious freedom, I am afraid that gay rights come first in our case law. Then an organisation came along that offered to cover his legal bills and, with some expert creative legal advice, he was able to take a High Court action. He won a ruling that his employers had breached his contract. The Government say, “Well there you go—he won. What’s the problem?”
The problem is that employment and equality laws were not in Adrian Smith’s favour. He won only a contract action. The court did not have the power to give him his job back—he never got it back. It could not even give him proper compensation—he never got that either. In fact, the judge lamented the fact that he got the enormous sum of £100 for all the upset he had been caused, simply for expressing a very moderate point of view. The whole exercise cost £30,000 in legal fees, which would have been well beyond his means if he had not had the backing of campaign organisations, and he was one of the lucky ones.
The Government are refusing to recognise that they are not legislating to redefine marriage through this Bill in a vacuum. They are legislating in a culture that has been so coloured with political correctness that people such as Adrian Smith—mild-mannered people expressing reasonable beliefs in moderate tones—are treated like villains. The outlandish views of the loony left of the 1980s—the views of the Lambeth councils—have now become embedded in high places. In typical leftish fashion, all those who disagree with those views are treated with hatred and contempt in order to marginalise their point of view.
My wife says that as I get a bit older, sometimes, very late at night, I get a bit cross-eyed, but if you accuse me of being swivel-eyed, Mr Speaker, I could take you to court on disability grounds. Unfortunately, many people with traditional points of view—whether on gay marriage or immigration—somehow feel that they are being marginalised in political debate. This leads to alienation and more people voting for protest parties. This is going on and we should recognise it. These people are dismissed as bigots because they object to having their marriages redefined over their heads by rewriting the Marriage Act, under which they got married, which is the most important thing in their lives.