Jim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Marriage (Same Sex Couples) Bill
Jim Shannon Excerpts
Mr Burrowes
I agree with the hon. Gentleman. I have been involved in the ups and downs of the Bill, and I have noticed from our debates on important clauses such as 1 and 2, on safeguarding religious liberty and on those who wish to opt in or out of same-sex marriage ceremonies, that the bulk of the scrutiny has come from those who oppose the Bill. That includes two thirds of the members of the parliamentary Conservative party, who did not support the Bill on Third Reading, with honourable additions in the form of members of other parties.
Concerns have been raised throughout the Bill’s passage by non-Church of England denominations, especially the Catholic Church, to which I pay tribute for its hard work and engagement with those on all sides of the argument. This is at the heart of amendments 1 and 2. Hon. Members have sought clarity through tabling amendments in Committee and on Report in this House and in the other place about the meaning of the word “compelled”. I pay tribute to Ministers for listening to the debate and to the views of the Joint Committee on Human Rights in this regard, and I am grateful to the Government for tabling Lords amendments 1 and 2, which properly clarify the meaning of the word. They allay many of the concerns that have been raised about the quadruple lock.
I understand from the main denominations that they are satisfied that the locks now in place with the additional clarification are comprehensive and will protect both religious individuals and religious organisations on the issue of conducting same-sex marriage ceremonies. Those amendments, coupled with Ministers’ assurances and explanations, particularly those given in the other place on the meaning of “compelled”, make it clear that compulsion “by any means”—those three words will have a very important impact on denominations on this matter—is prohibited under the Bill.
Therefore, as I understand it, any type of detrimental or unfavourable treatment, any civil or criminal action or penalty, and any less favourable treatment undertaken by a public authority against a religious organisation or individual that has not performed, has decided not to perform or has refused to perform a clause 2(1) or clause 2(2) activity will be absolutely prohibited. The words “by any means” are enormously welcomed by denominations beyond the reaches of the Church of England.
Religious organisations are protected. The Government’s amendments also protect them, when they are deciding whether or not to perform a clause 2(1) activity, against challenges—we pressed on these throughout the stages of the Bill—under the Human Rights Act 1998 and the Equality Act 2010, which has been mentioned, and by way of judicial review or any other legal challenge on the ground that the religious organisation’s decision involves the exercise of a public function. I recognise that the Government have never considered that decision to involve the exercise of a public function, despite much debate and scrutiny, not least by the Joint Committee on Human Rights. However, the Government’s amendments 1 and 2 alleviate the perceived risk and that has an important impact; it is a real, measurable improvement made during the passage of the Bill.
We saw progress in the Commons Public Bill Committee, when heroes and villains came as witnesses before us. The Catholic contribution was met with derision in some ways. One area that met with derision concerned the amendment before us, as the point was made in a considered way that we needed to clarify the word “compelled”. So I welcome the fact that we have moved on from that derision. We have moved on from the swatting away of the amendments that sought this clarification in the Commons Public Bill Committee—[Interruption.] We have also moved on from the “Star Wars” theme and the Jedi knights discussion. I am not sure what theme we need to move us into this particular passage. The helpful contributions made in the other place have moved us towards amendments 1 and 2, so we should not underestimate the movement and progress that have been made. There has been a lot of debate about the locks and how we have reached this point.
Mr Burrowes
I will give way to the hon. Gentleman, and I pay tribute to his diligence and scrutiny throughout the course of the Bill.
Jim Shannon
The hon. Gentleman has outlined some of the steps forward that the amendments have made in at least addressing some of the issues raised by the religious groups. Opposition spokespeople, Members and Ministers have detailed the number of minority groups with religious views that were glad to see that the Bill had been changed. Does he recognise, as I do, the large number of religious groups, from across the whole UK, that were opposed to this measure? Even now, with the changes he has outlined, many people are opposed to it.
Mr Burrowes
I fully recognise that, and I have yet to come to my “but” and the concerns out there, which go beyond the issue of the marriage ceremony and religious premises. We recognise that the Government’s and Ministers’ commitment to this Bill not resulting in an encroachment on religious liberty—indeed there is a 100% guarantee—does not just encompass the walls of a church or religious premises; it goes beyond that into the public square and relates to people manifesting their faith in their workplace, their school and beyond. It is that area of scrutiny where the “but” comes in, although I still want to be positive before I get to that.
Stephen Doughty
Absolutely. That is the point that has come out in all the debates.
We have also seen protections for those who disagree. The hon. Member for Enfield, Southgate seems happy with those. I felt that protection already existed, but if the additional protections please other people and make them feel more secure, that can only be a good thing. The comments of Baroness Stowell were important when she said that the amendments that were agreed do not allow hate speech. There are two sides to this. We will protect the rights of people who disagree in a calm and respectful manner, but when that steps over into a different type of speech, which unfortunately has happened in some of the public debate, that is entirely unacceptable.
We have spoken about humanist marriages and I have stated my strong support for those to be able to go ahead. I am a person of faith, but I have seen how important humanist marriages are. I have had many representations from humanists in my constituency. As I have mentioned before, the former Assembly Member for my constituency is a humanist celebrant. I know how many people who want to take part in those ceremonies are ready to come forward—[Interruption.] I cannot quite hear what my hon. Friend the Member for Rhondda (Chris Bryant) is saying from a sedentary position but I am sure it is something supportive. I am glad that the door has been left open. I hope the review will take place. Other useful clarifications were made during that debate in the other place.
It is important to underline again that the protections that come through this set of amendments are all in addition to existing ones in the Bill. A great deal of thought went into the Bill and I commend the Government for that and for respecting and trying to understand the concerns that had legitimately been expressed, which have been answered comprehensively. I am glad that the protections provided by the amendments are on top of the protections in the original text and in other legislation such as the Equality Act 2010. These things were all carefully considered long before I came into this place. It is important that we recognise that. It is not as though there was some sort of free-for-all or the ability to abuse various circumstances.
In conclusion, the Lords amendments are the result of detailed, technical and careful consideration, which is the opposite of some of the claims that have been made. Ultimately, they reflect the will of Members in both Houses to right an injustice in the laws of our land. It is about putting in place the final piece of the equality jigsaw referred to by Stonewall and other organisations. I am very glad that we have reached this stage. As other hon. Members have commented, it reflects a wider change that has taken place in public attitudes. Of the many surveys that have taken place, one shows that 80% of people under the age of 50 welcome the changes and that three in every five people with faith also want them to go through. I think that reflects how far we have come, both in the public and in both Houses.
Jim Shannon
The hon. Gentleman says that three in every five people with faith support these changes, but that is not what we heard in Committee, when a number of people from different religious organisations came to us, and they referred to having memberships in the hundreds of thousands, and perhaps even half a million. I am very interested to hear where he got the figure of three in every five.