Equality (Marriage) (Amendment)

Edward Leigh Excerpts

Tuesday 29th January 2013 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

I beg to move,

That leave be given to bring in a Bill to amend the protected characteristics in the Equality Act 2010 to include a person’s conscientious beliefs about the definition of marriage; and for connected purposes.

In my office, we call this the Adrian Smith Protection Bill, because it was his case that prompted me to table it. I will read an extract from the letter that Adrian Smith has written to Members of Parliament:

“I’m the housing manager who was demoted and had my salary cut by 40 per cent, all because I said on my personal Facebook page that gay weddings in churches would be ‘an equality too far’. I wrote those four words using my own computer, outside work time, on a page that was not visible to the general public. Yet my bosses at work still saw fit to punish me.

I tried reasoning with my bosses, but they dug their heels in. I was left with no option but to go to court to clear my name. It took the better part of two years, which was a living nightmare for my family and me. In November the High Court ruled in my favour. But they didn’t have the power to order my reinstatement so I was left in a demoted job which carried a lower salary. I have now found a job with a different employer. I shouldn’t have been treated like an outcast, and my family shouldn’t have had to suffer like they did.”

I am introducing this Bill to protect people like Adrian Smith. His case cost him and the charity that supported him £30,000. He got £98 in damages. He was told by the lawyers who advised him that he would be unlikely to win his case for unfair dismissal because of recent rulings by the European Court of Human Rights in Strasbourg.

One of those rulings went against Lillian Ladele. She was told by the European Court of Human Rights that she had no right to have her view on marriage respected at work. She was dismissed by Islington borough council, even though the relevant part of her work could easily have been given to other employees. That ruling means that an employee who is ordered to go against their conscience on the issue of marriage has few, if any, legal rights to protect them. That is why we need an amendment to the Equality Act 2010.

There is already a problem, but if the Government succeed in redefining marriage, the problem will get much worse. We are told that the Marriage (Same Sex Couples) Bill is to be fast-tracked and that full scrutiny on the Floor of the House is not welcome. However, the Bill is not some obscure change in the law; it raises profound ethical, moral and, I would argue, constitutional matters that affect the Church of England. It also raises matters of conscience. We therefore need full scrutiny on the Floor of the House. I hope that the Opposition will press for that. I, for one, will support them if they do.

I have this opportunity, a week before the Second Reading of that Bill, to put on the record the deep concern that exists about freedom of conscience. I believe that that right is as important as the protection of church weddings. The Government’s Bill does nothing to protect ordinary people’s conscientious views. Adrian Smith and Lillian Ladele can therefore be mistreated at work. They should be protected, but the Bill offers them no protection.

Aidan O’Neill QC has produced a legal opinion that points out that NHS and Army chaplains may argue their case for traditional marriage in church on a Sunday, but could find themselves in trouble for articulating the same views in their workplace on Monday.

Marriage charities that were set up to promote traditional marriage at a time when nobody dreamed that there was an alternative could find themselves shut down. Only this week, the last Catholic adoption agency, St Margaret’s in Glasgow, was ordered by the Scottish charity regulator to drop its policy of requiring prospective adopters to have been married for two years.

According to a leak from the Department for Education, officials are worried that teachers will be in the firing line if marriage is redefined. Indeed, my right hon. Friend the Secretary of State for Culture, Media and Sport was pressed on that point by John Humphrys on the “Today” programme last week. She admitted that even in RE lessons in religious state schools, teachers would have to teach the subject in “a balanced way.” Many people in this country believe profoundly that traditional marriage is between a man and a woman, and they want the right to teach that in school.

The Education Act 1996 requires schools to teach about the nature of marriage, so if marriage is redefined they will be required to teach about the nature of same-sex marriage. Teachers who decline will find themselves in the firing line in the same way as Lillian Ladele. Why should we put thousands of teachers at risk of dismissal for believing that marriage is between a man and a woman? Labour and the teaching unions will find themselves in a firestorm if they do not protect their members. Indeed, extant counsel’s opinion tells us that the courts are unlikely to rule in favour of parents who want their children excused from classes teaching same-sex marriage.

This ten-minute rule Bill is not a blocking measure to stop same-sex marriage; it would simply insert in the Equality Act 2010 protection for a person’s conscientious views on the definition of marriage. It would protect those who hold the traditional view that marriage is between a man and a woman, just as it would protect those who hold a contrary view. People’s right to belief and conscientious right to freedom of expression must be protected. That does not mean that those conscientious views override all other considerations, but simply that conscientious beliefs about the definition of marriage are a protected characteristic that must be taken account of.

I believe we must protect the right of conscience. For over a century, atheist teachers have been allowed to express their opinions and no one can force them to teach religion. Pro-life doctors cannot be forced to participate in abortions. During the second world war when we were in a life and death situation, we allowed the existence of conscientious objections. In 21st-century Britain, however, woe betide anyone who refuses to declare full support for same-sex marriage in the workplace or the classroom.

In my time in Parliament I have battled for freedom of speech—we had a great victory on section 5 of the Public Order Act 1986—and this is not a fringe concern. We go around the world—we have just heard a statement on Mali—investing blood and treasure to extend freedom, but let us not forget the freedom on our own doorstep. Some Members who support redefining marriage might be utterly convinced about the rightness of their cause. I respect their views, but surely they must be generous towards those who disagree. They should ensure that the law respects and does not trample over people’s deeply held beliefs.

Millions of our fellow citizens believe passionately in marriage, and they believe their own marriage defines who they are. They do not want their marriages redefined over their heads by politicians. They believe that history, biology, ethics and religion all tell us that marriage is, uniquely, the coming together of one man and one woman for life to the exclusion of all others. I believe that these people are entitled to protection not just in their churches but in their workplace, at home, on Facebook and when they teach in the classroom. They are entitled to talk about their beliefs on marriage—such beliefs are mainstream and sensible—and should do so without fear. If we do not believe in freedom of speech for those with whom we disagree passionately, I believe we have no passion for freedom of speech.