Marriage (Same Sex Couples) Bill

Lord Curry of Kirkharle Excerpts

Wednesday 19th June 2013 Lords Chamber

Moved by

[Lord Curry of Kirkharle]

20: Clause 4, page 5, line 33, at end insert—
““recognised” means recognised according to the ordinary customs and usage of the organisation and in the event of a dispute between the members over which person or persons are recognised for the purpose of giving consent for the purposes of this section, the Secretary of State shall consult all members of the relevant religious organisation to determine which person or persons are recognised, and this shall include power to order a ballot of members in which a quorum of 66 per cent shall be required and recognition shall be determined by a majority vote;
“members” means those whose names have appeared on a formal membership roll kept by the relevant religious organisation for a period of at least 12 months prior to written consent being given, and if no such roll is kept, then the members shall be deemed to be those who have attended worship at the place of worship for a majority of services of worship during the 12 months prior to written consent being given.”

[Lord Curry of Kirkharle]

My Lords, I am deeply concerned about the potentially divisive nature of this Bill. Mention was made a number of times at Second Reading and has been made again in the two days when we have been considering amendments of the serious potential for unintended consequences. We need to consider this very carefully indeed. There is a huge risk that faith communities and church congregations find themselves in dispute as a consequence of this Bill where no dispute existed previously.

Given the strong differences of views on same-sex marriage, there is enormous scope for minority elements within congregations to seek to register premises for same-sex weddings against the wishes of their denomination or majority. The vague drafting of this clause leaves too much to chance. Under the Bill as drafted, it is not clear what “recognised” actually means. What does it mean for members of a religious organisation to recognise an authority that is competent to give consent on this issue? Who are the members of a religious organisation? It is impossible to catalogue the variety of ways in which churches and religious bodies identify their membership. What mechanisms are local authorities and courts to use in attempting to address this question?

The governance arrangements that exist within different churches can be quite complex and sometimes unclear. Some churches may require a member to have fulfilled a formal process. Some will use written lists. Others will use an electoral roll. Even these lists might not reflect the number of people in attendance at any meeting. Some churches are structured in such a way that it is considered best not to have a formal system of membership. Church structures are very complicated. It is possible for the situation to become confusing, with claim and counterclaim being made about who possesses authority to speak for the organisation in binding its membership to conducting same-sex marriages.

There will be huge pressure on churches which do not want to opt in. Local authorities may be strong advocates of same-sex marriage and may happily take the consent of a liberal faction as being binding on the whole organisation. It is necessary to set out clear statutory principles to handle inevitable disputes. Local authorities must hold the tools to assess or reject applications to register a building for same-sex marriages, but the local registry office that receives the application has no legal basis on which to determine an application.

It could be very easy to register the church for same-sex marriages, just by the proprietor making an application accompanied by something that seems to show consent. Consent may be given by a wing, a faction, a sub-committee of a denomination, but that does not mean they are representative or legally and morally competent to give consent. It is not clear what constitutes evidence of consent? Under the Bill, a letter is sufficient, but given the internal complexities involved, have the Government considered any additional requirements to verify the issue of consent? Is there any guidance on the consequences of the local authority wrongly approving an application?

It is unrealistic to expect that all local authorities will have a grasp of the internal politics and structures of every religious body. Without a clear framework they will not have the ability to ascertain who exercises the proper legal responsibility for such decisions within each of a wide range of churches with their innumerable variations of governance, locations, interests, hierarchies and systems.

The purpose of Amendment 20 is to define “recognised” and “members” and the consent that would apply to issues on registering buildings, filling gaps in the Bill and reducing the potential for problems down the line. It promotes consistency across the boundaries of different local authorities. It provides mechanisms for achieving clarity when there are opposing claims about who is legally able to speak on behalf of a particular church or faith organisation.

The amendment makes it clearer whether applications are in line with the respective church’s typical decision-making methods. Because of the sensitivities involved, in the event of an unresolved dispute, Amendment 20 would require the Secretary of State to become involved and therefore establish a uniform approach across central and local government. The Government have created the problem by their drafting, so they should take ultimate responsibility for solving individual problems that may arise.

If it is evident that proper processes have been ignored or deliberately manipulated, the Secretary of State should have the power to order a ballot of church members, as set out under the amendment. In such a ballot, a majority vote of two-thirds would be required to authorise the religious body to either opt in or opt out of the same-sex marriage registration system. This, of course, may come with its own complications, which is why it is so crucial to attempt to define in statute what constitutes membership.

Two words have been repeated again and again in debate on the Bill: “divisive” and “discriminatory”. It is possible that, despite reassurances, if the Bill is introduced, it will create more discrimination than it seeks to solve and cause divisions where none existed before. The amendment proposed by the Minister—Amendment 21—is helpful but it needs to go further. I hope the Minister will give this amendment very serious consideration.

[Lord Singh of Wimbledon]

My Lords, I rise to speak in favour of Amendment 22, which is in my name. Very detailed consideration has been given to the impact of this legislation on the Christian and Jewish religions. However, no consideration whatever has been given to the difficulties that may arise for other faiths. Can the Minister enlighten the Committee as to why members of other faiths, each more numerous than the Jews, are being treated as if they did not exist? Was this omission inadvertent or was it thought that newer faiths in this country were less important? Either way, the less than favourable treatment of other faiths, including my own, appears to contravene both the Equality Act and human rights legislation. It seems that some minorities are more equal than others.

The substance of my amendment is best understood through a little story, which is true. An opinion pollster knocked on the door of a house in Birmingham and asked, “Do you belong to an organised religion?”. A man in a turban responded, “No, I’m a Sikh”. Sikhs do not easily submit to authority. The day-to-day management of each gurdwara is by democratically elected committees. There is no hierarchy of authority in the Sikh community other than the democratically elected Shiromani Gurdwara Parbandhak Committee in Amritsar, which, after years of deliberation in the middle of the last century, produced what we call the Rehat Maryada—the Sikh code of conduct, which gives definitive and universally accepted guidance on Sikh marriage, defined as the union of a man with a woman.

I head the Network of Sikh Organisations UK—the NSO—which is the largest umbrella body of Sikhs in the UK, with over 130 affiliated members. Its purpose is to facilitate co-operation between gurdwaras in promoting Sikh values and living true to Sikh teachings. However, neither it nor any other organisation in the UK has any authority to vary the Sikh Rehat Maryada. Amendment 22 is necessary to make this position absolutely clear to the relevant authorities.

--- Later in debate ---

[Lord Singh of Wimbledon]

Thank you, but I will not move my amendment.

[Lord Curry of Kirkharle]

My Lords, I reinforce that. The Bill itself, as I said in my comments and has been said numerous times, is divisive. Some churches with no clearly defined governing body—and I know many that fall into that category—will find it exceedingly difficult if a minority decides to pursue this. It has the potential to divide church congregations and communities, and that is deeply regrettable. I shall withdraw the amendment, but I would like the Minister to reflect on this. Faith communities need some way of appealing if they believe that a position is being taken against their best interests. I beg leave to withdraw the amendment.

Amendment 20 withdrawn.