Greg Mulholland
Main Page: Greg Mulholland (Liberal Democrat - Leeds North West)Marriage (Same Sex Couples) Bill
Greg Mulholland Excerpts
Greg Mulholland (Leeds North West) (LD)
This is the first time I have had the opportunity to speak on this subject, but I have been working with others to deal with some of the obvious flaws in this albeit well-intentioned Bill. I thank the Secretary of State and her ministerial colleagues for the way in which they have engaged and listened without question. As a result of that, however, I find it disappointing that they have failed to make some of the obvious—and in my opinion necessary—amendments to deal with the Bill’s flaws.
I have been called anti-gay rights and anti-Christian; I have been called homophobic and at the same time accused of not being a proper Catholic. I have been accused of being worryingly conservative, yet at the same time dangerously libertarian. I am none of those things. What I am, very proudly, is a liberal, and I want to support a sensible, liberal way of dealing with the inequities that we undoubtedly have in our current system with regard to the recognition of adult couples in a relationship. We have not gone about this Bill the right way, and many of its flaws are because it has been pursued from a very conservative perspective, rather than a radical liberal one.
For the avoidance of doubt, the role of the state, very simply, is to decide how to recognise relationships between adult couples, and which adult couple relationships to recognise in that way. That should be entirely separate from any consideration of how religions and belief-based organisations recognise relationships in accordance with their own beliefs. Instead of dealing with that point, however, the Bill has sought to build on the confusion and conflate the two issues even further. The result, I am afraid, is something of a mess.
I want to vote on, and will always support, the state giving equal right to equal recognition of adult relationships, which then conveys equal rights as a result of that equal legal recognition. However, not only does the Bill not do that, it makes a complicated and unequal situation worse. Let me be clear about what the Bill will produce if it is passed, as it inevitably will be tomorrow. There will be two different definitions of civil marriage for same-sex couples, and another definition for opposite-sex couples. There will not be an equal definition. The Bill will allow two different legal recognitions of a relationship for some couples but not for others. It will fail to equalise pension rights for some couples, which is one reason we are having this debate and why legislation is needed. The Bill will continue to allow ministers of some faiths to conduct a marriage in the eyes of the law, and yet people of other religions and faith-based systems will not be allowed to do so. The Bill is unequal on four counts. As I have made clear, there is a better way. Any liberal would suggest finally properly separating the civil and the religious rather than building on what we have. I will speak about that more when we debate another group of amendments.
My new clause 13 must be seen in the context of the amendment I have tabled for debate tomorrow—both are part of dealing with the situation properly. The measures are radical. They would repeal—this might not make me popular with anyone—the Marriage Act 1994 and the Civil Partnerships Act 2004 so that we end up with a single definition for all couples. We are not at that point, which I accept, but we cannot institutionalise a new inequality during the passage of a Bill that is supposed to be about equalising marriage. Hon. Members should remember that civil partnerships were introduced to give same-sex couples another form of relationship. In many people’s eyes, it is a lesser form of relationship. We must not institutionalise that. If civil partnerships are worth having, we must allow them to be a different form of legal recognition for all, or do what I suggest in new clause 13 and abolish them altogether. Either way, we would end up with proper equality.
Ministers and shadow Ministers and others have suggested that the Bill is not the measure with which to deal with that inequality. I am afraid that that argument is simply absurd. Some say that we should not introduce that equality because of the cost—the figure of £4 billion has been mentioned. That is entirely to fall into the trap of those who oppose any change to traditional civil marriage. They argue that we should not introduce any measure because of the cost. As a liberal, let me be clear that we change civil rights and introduce genuine equal legal recognition because it is the right thing to do, not because it costs the state money. The argument that we should not do something because it costs the state money is a slippery slope. I should tell the Minister that whoever introduced that argument to the debate made a huge mistake.
My amendment 10 would be the genuine, liberal way of dealing with the situation—properly redefining how the state recognises adult relationships. The amendment would get rid of clearly Christian concepts that come directly from Church of England canon law and are shared by certain other Christian faiths. It would mean that we would not count on the statute book adult couples’ sexual practices with each other. Currently, adultery is a reason to allow some couples but not others to dissolve their civil marriage. Most absurdly of all, lawyers dictate that certain couples and not others must consummate their marriage in a certain way.
It is embarrassing and ludicrous, when we are rightly dealing with the inequities of the current civil partnership regime that does not bestow the same rights, status or recognition on same-sex couples, that the Bill will continue to enshrine ancient Christian concepts in the statute book and apply them to some couples only. If there had been more listening and more acting on that listening, new clause 10, which has been discussed at some length, would not be necessary. It should not be necessary. A clear part of any redefinition of how the state defines and recognises adult relationships should have always been either to keep civil partnerships and make them open to all adult citizens, or wipe them away and have a single, equal definition for all.
For all the sophistry and arguments from those on the Front Benches, in their heart of hearts they know this to be true. That is why I urge everyone in this House who regards themselves in any way as a liberal and who wants to see equal rights and recognition to vote for new clause 10. That is the only way people can have confidence that the real motivation—I believe it is the real motivation, even though it has been expressed badly—is to deal with the inequities currently in the Bill. Even at this late stage, I urge the Secretary of State to listen, disregard the cost of human rights and, either through changing marriage or changing civil partnerships, ensure that all adults can have their relationships recognised in one equal or two equal ways.