Marriage (Same Sex Couples) Bill
Debate between Chris Bryant and Hugh Robertson
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.
Oral Answers to Questions
Debate between Chris Bryant and Hugh Robertson(12 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Department for Culture, Media and Sport (Hugh Robertson)
Before answering, may I record the congratulations of the whole House to everybody involved in London 2012?
Hugh Robertson
Wait a moment—the hon. Gentleman is being slightly tedious. I congratulate in particular the athletes of Team GB and ParalympicsGB. Moreover, I would particularly like to record, on behalf of everybody, our congratulations to the right hon. Member for Dulwich and West Norwood (Dame Tessa Jowell) on her contribution to the project over many years. I also congratulate—I know that this will please you, Mr Speaker —Andy Murray on his win in New York on Monday.
Through the school games, we are encouraging all schools to offer their pupils the chance to play more competitive sport. More than 14,000 schools have so far signed up to participate and, in addition, 1,600 of our best young athletes had the chance to compete in and around the Olympic park in the inaugural national finals in May. The national governing bodies of sports will use the inspiration of the London 2012 games to encourage more young people to take up their sport. One example is hockey’s “Give it a Go” scheme, which has now attracted more than 20,000 people at more than 600 sites across the country.