Marriage (Same Sex Couples) Bill

Lord Elton Excerpts

Wednesday 19th June 2013 Lords Chamber

[Lord Singh of Wimbledon]

I am grateful for what has been said, but it does not really explain the concerns at all. If there had been any sort of research into the Sikh religion, the Government would have had precise answers as to the state of play in that religion and what and who is the authority. No research whatever has been done. It has been considered unimportant and that is what really upsets. The concern is very similar to that of my noble friend Lord Curry: that any fringe group can say that it is in charge of this or that. If the Government do not wish to take note of someone speaking on behalf of the largest and only relevant authority in India, that is up to them, but this is aiding a “divide and rule” culture that is unhelpful, and that will not be welcome in the community.

[Lord Elton]

My Lords, this echoes precisely what I was saying at Second Reading. It is a very good example of what is wrong with this whole process. We started off with one unhappy minority and we are going to finish up with 15 or 20 who have not been consulted in the process to the extent that the others have.

[Lord Wallace of Tankerness]

My Lords, I appreciate the point that the noble Lord, Lord Singh, is making, but I ask him to reflect on the fact that the exceptions are exceptions for historical reasons of the Church of England and the Church in Wales where there is a common-law duty with regard to priests in relation to people within their parish. Quakers and the Jewish faith are included for reasons that go back centuries. Every other religion in England and Wales is treated in the same way. Even my own denomination, the Church of Scotland, is treated in the exactly same way as the Sikh faith is treated by the provisions in this Bill for the religious organisation itself to determine what its appropriate authority is.

It is quite clear from what the noble Lord has said that there is no doubt within his faith as to where that authority lies, just as in my own denomination the General Assembly of the Church of Scotland would be the obvious authority. The fact that he has been able to make very clear where that authority would lie just shows the importance of it being determined by the religion itself. I also ask him to reflect on the fact that if we included his amendment, every other faith and denomination would have to be included as well. That would be an impossible task for a Government and would take them into having to decide which the proper authority of some religions is, and I do not believe that is where the state should go.

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[Lord Alli]

My Lords, I shall be brief because I know that the Committee wants to make progress and there is still quite a lot to be done. This will be handled in exactly the same way as teachers currently deal with the issue of divorce. Teachers in schools up and down the country who hold deeply religious views and do not agree with divorce are free to express those views in the classroom. Nothing prevents them doing so. However, they are required to tell pupils the truth about the world we live in and that divorce exists. I do not think that that causes a problem. The principle applies and it can read across to another set of issues. Teachers have a much better grasp of this than perhaps we are giving them credit for.

[Lord Elton]

My Lords, there are a couple of things which have not been mentioned that we need to bear in mind before this is resolved. The first relates to classroom teaching. I must congratulate the noble Baroness, Lady Farrington of Ribbleton, on giving a perfect example of proper and professional conduct, and some perfect examples of how extremely awkward children can be. However, noble Lords have not actually grasped the fact that many teachers are required by their heads to teach to a particular programme which has been produced by a publisher, by some think tank in a comprehensive, or whatever. It will take an attitude to this which to some teachers will appear as though it is promoting a particular interpretation. Teachers need to be able not to have that forced on them.

The other thing is that, of course, a lot of a teacher’s life is spent in the staff room. No doubt they hold to the view that they are highly professional and will do exactly what the teacher the noble Baroness, Lady Farrington, told us about did under all circumstances, yet in the staff room may express views contrary to those that we are now going to be told are mandatory. If they express an objection to same-sex marriage which, as the noble Lord, Lord Dear, has said, is interpreted as being tantamount to homophobia, and that sort of conversation is held in the staff room, particularly of a large school, there will be those on the staff who will regard it as making them unfit to teach. Those teachers will find themselves under undesirable pressure. No doubt the Minister will take this away and think about it, and indeed all these exchanges will prove to be useful.

[Lord Eden of Winton]

My Lords, I believe that it was the noble Lord, Lord Dear, who said that this is something of knife-edge issue, and I sympathise with that observation. I hope that I will not embarrass her, but I find myself in considerable agreement with the noble Baroness, Lady Farrington of Ribbleton, and I certainly have a lot of sympathy for her whole approach to this subject. However, I have one deeply held anxiety which I would like to express very briefly in the hope that it will be allayed by the response of my noble friend the Minister.

It is not the objectivity of teaching that worries me. It is not the way that teachers will interpret or rehearse the law before their pupils or their classes that is my concern. On the whole, I have enormous respect for the teaching profession, having been associated with it for some time, and I think that teachers will do their job admirably. That is not my worry. My worry lies in what I think the noble Baroness, Lady Farrington of Ribbleton, said, and certainly others have mentioned; namely, the difference between what I would call the objective teaching or factual teaching, as the noble Lord, Lord Alli, said, and promotion. That is the knife edge. It is done so easily. It is done by emphasis and by inference. We know through our respective interests how easy it is, almost subliminally, to encourage a viewpoint that is held firmly by the particular promoter of that view. It is done carefully and sometimes not quite so carefully. This is my worry and I hope my noble friend will be able to reply.

I have seen, as other noble Lords have doubtless also seen—there is nothing peculiar about me, there is no reason why I alone should have seen this—material in the public domain which is promotional material advertising the good things about same-sex relationships. I have heard it said—I give no particular credence to this; it is hearsay—that teachers sometimes encourage pupils in their class to experiment, to find out in terms of sexual relationships, “what makes you happy”. This is what worries me. There is an undercurrent there of crusading on behalf of same-sex relationships which I think has no place in a school. I accept teaching factually; I do not accept promotion or promotional material.

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[Baroness Barker]

My Lords, I have a question for the Minister arising from the speech of the noble and learned Baroness, who made very strong points but did not describe something new. The sorts of issues to which she referred have been around for a very long time. We have had guidance for many years about how such sensitive matters should be addressed in school. I believe that bishops and representatives of other faiths have, over many years, been called by successive Governments to contribute to that guidance. The noble Lord, Lord Elton, talked about promotional materials, but there is guidance already. When the noble Baroness comes to summing up—which I am sure she will be delighted to get into fairly soon—can she say whether anything in the Bill changes the statutory guidance that we already have about the teaching of sensitive matters?

[Lord Elton]

The noble Lord has not, as far as I know, addressed his second amendment at all. I do not think that there is any time for it tonight but, very briefly, I give notice that will we need a debate on the legal opinions that have been expressed on whether the Bill will affect the right of parents to withdraw their children from sex education. We may have an opportunity to do that at the next stage. I put it on record that if the noble Lord does not address it, I will table an amendment to give such an opportunity.

[Baroness Thornton]

I will address both Amendment 23 and Amendment 24, as the noble Lord, Lord Dear, himself said—

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[Baroness Stowell of Beeston]

My Lords, as I said to the noble Lord, Lord Dear, I am grateful to be able to respond to his Amendments 23 and 24 together because some of the issues arising from his second amendment will help me address some of the concerns that have been expressed in this debate by my noble friends.

The noble Lord, Lord Dear, and my noble friend Lord Waddington quoted quite extensively from what I said at Second Reading. Clearly I am not going to repeat that and quote myself but I will be relying on the same facts that I relied on at Second Reading because they are the facts as they are. I want to be clear from the start that I recognise the concern that there is out there and among some noble Lords who have spoken this evening. I feel the passion that was expressed by my noble friend Lord Eden and recognise that it is a real concern. Therefore, there is a responsibility on me to respond from the Dispatch Box and acknowledge that concern. I am grateful for the opportunity to do so.

My noble friend Lady Barker asked me a direct question about whether the Bill changes anything in respect of the guidance that currently exists for teachers on how to teach sensitive issues under the heading of “sex and relationship education”. No, it does not. I should note at this point that there is a later amendment, Amendment 46B in the name of the right reverend Prelate the Bishop of Ripon and Leeds and my noble friend Lady Cumberlege, which relates to religious freedom for faith schools and it is directly linked to Section 403 of the Education Act 1996, which has been quoted by noble Lords in the course of this debate. So I will return to that issue on Monday and, while I hope to be clear and comprehensive in responding to these amendments, this is not the only debate we will have on education in Committee.

Amendment 23 would have broad application to all teachers in all maintained schools. I must stress, as has already been said by the noble Baroness, Lady Thornton, that no teacher is under any obligation to endorse a particular view of marriage or would be in the future as a result of the Bill. Teachers are and will continue to be free to express their personal views or those of their faith about marriage or any other matter, provided they do so in a balanced and sensitive way. There is a significant difference between expecting a teacher to explain something and expecting them to endorse it. Teachers are required to explain the world around them in a way that is appropriate to the age and level of understanding of their pupils. This includes explaining some things which may be controversial and with which they may not necessarily agree. The examples that have been used tonight in debate include divorce and contraception. As many noble Lords have said, teachers are already very experienced in dealing with such issues and do so admirably and professionally. The noble Baroness, Lady Farrington, gave a powerful illustration of how teachers handle these complexities already. They are required to ensure that their teaching is balanced and they take care to ensure that there is no stigmatisation of children based on their home circumstances, their own sexual identity or their own views and beliefs. Teachers are not prevented from discussing their own views, provided they do so in an appropriate way. It is worth reminding ourselves that there are children in classrooms today who are struggling with their sexual identity. This is not just about the teacher; it is also about the pupils and how they respond to the lessons that they receive.

A lot has been said today about tolerance and courtesy. My noble friend Lord Waddington raised the need for that in the context of this debate—we have to continue to respect differences of opinion. I understand the point that my noble friend makes in this context and it has been acknowledged on all sides of the House. As the noble Baroness, Lady Farrington, said, that is precisely what we want children to learn through professional teaching explaining the differences that exist in our society. This is not just about the tolerance that we expect of each other in debating these issues. We want to help our children be tolerant and to respect one another. That is an important part of this process.

The noble and learned Baroness, Lady Butler-Sloss, expressed a concern about teachers being criticised by the same-sex parents of a pupil for expressing their personal view that they do not believe in the marriage of same-sex couples. However, that kind of scenario could happen now in the context of civil partnerships. I therefore go back to the debate that we had on Monday about the law protecting people against others who might not understand their freedoms. Clearly we have a responsibility to ensure that people are aware of and understand the freedom that everyone has to express their views, and it is perfectly legitimate for a teacher in a classroom to be able to do that. If it happens that someone decides to pursue a case against someone else, the law exists to protect them from inappropriate discrimination.

Schools, like any other employer, have responsibilities to their employees under equality and employment law. Teachers, like other employees, are protected from being discriminated against or harassed because of their religion or belief. As I have made clear, this includes a belief that marriage should be only between a man and woman. I forget now who it was but it may have been the noble Lord, Lord Dear, who said that they can express that opinion to each other as teachers in the common room or express that belief in the classroom. It is clearly wrong, as I have stated many times, to say that, because someone believes that marriage should be only between a man and woman, that means the person is homophobic. That is not the case, and I will keep saying that because it is important that we help people to know that it is not the case.

In this context, as I have also said in the context of other debates, the Equality and Human Rights Commission’s statutory codes and guidance, particularly where they relate to public bodies, will help us to ensure that this understanding is widespread. No teacher is obliged to endorse a particular view and no school should disadvantage a teacher because he or she does not do so. If a teacher feels that he or she has been treated unfairly, procedures are in place for them to seek redress. I would hope that the first step would be to take this up through the appropriate channels at school level.

The noble Lord, Lord Dear, gave a range of examples that he had been informed of where he felt that some teachers were being treated unfairly. I feel that the process and the protection are there for any teacher who may feel that they are being treated unfairly, but it is worth pointing out that the Bill that we are discussing now has not become an Act. This Bill is not what is affecting those teachers of whom the noble Lord has been made aware. Those situations predate what we hope will become an Act in the future.

I turn to the noble Lord’s Amendment 24, which is about parents having the ability to withdraw their child from lessons. Parents already have the right to withdraw their child from any or all aspects of sex and relationship education, including any teaching about marriage, with the exception of those specific topics that form part of the national curriculum for science, covering biology and reproduction. Parents also retain the right to withdraw their children from any and all parts of religious education and acts of collective worship. That is not affected by the Bill.

If a school chooses to cover aspects of teaching that are outlined in the Secretary of State’s guidance on sex and relationship education—further to that outlined in the national curriculum in a biology lesson, for example—then parents have the right, and will continue to do so in future, to withdraw their children from those aspects. This is where that matter relates to the issue that my noble friend Lord Eden raised about material. It is important to remind the House that parents should be fully consulted about the school’s approach to sex and relationship education to ensure that they are comfortable with what is being taught. This should include both the content of lessons and the context in which it will be presented.

I further reassure the House that such information is already available for parents. Schools are required to have a written policy on sex and relationship education and that policy must be available to parents on request. What is being taught in this context should include parents. They should be able to understand it, and it should inform their decision as to whether their children should be involved in sex and relationship education—although we would urge that all students be allowed to participate in those lessons because of the benefits we believe they can derive from them. I note the view expressed by the noble and learned Baroness, Lady Butler-Sloss, about ensuring that all students are included.

As regards teaching that is not part of sex and relationship education or religious education, there is no right for parents to withdraw their children from lessons, because the national curriculum is the statutory body of knowledge that every pupil should know. Furthermore, as the noble Baroness, Lady Farrington, said, questions about marriage may arise in any lesson and at any time, and it is not practically possible to know in advance when this may happen. The Government have full confidence in the professionalism of teachers to handle situations in which sensitive topics arise outside sex and relationship education carefully, professionally and in a balanced way.

As I said at the start of this debate, this is not the only debate that we will have on teaching and education in the passage of the Bill. However, it is important for me to be clear that teachers are not required to endorse any belief that they do not have. They are required to explain the law as it stands. They are free to express their personal view as long as they do so sensitively and take into account the context of their lesson. Clearly, what we hope to achieve is the kind of situation that the noble Baroness, Lady Farrington, said the late Lord Joseph talked about in terms of what we hope all our children will be able to achieve from the kinds of lessons that are available to them now. I hope the noble Lord feels able to withdraw his amendment.

[Lord Elton]

Did I understand my noble friend to say that parents are not now allowed to withdraw their children from, specifically, sex education?

[Baroness Stowell of Beeston]

I am happy to confirm to my noble friend that parents are indeed allowed to withdraw their children from sex and relationship education. They can do so now and they will be able to do so in future, if that is what they decide.

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Moved by

[Lord Elton]

24C: Clause 9, page 9, line 23, at end insert—
“(3A) Regulations under this section shall in particular—
(a) specify the terms of the marriage contract; and (b) make provision for each party to a civil partnership within subsection (1) or (3) to undertake, before witnesses and by oath or by solemn affirmation, to honour the contract and the other party to it for as long as both of them are alive.(3B) The oath or solemn affirmation referred to in subsection (3A)(b) shall be made before not less than three witnesses.
(3C) Neither a registrar conducting the conversion of a contract nor either of the parties to that contract may act as a witness under the provisions of subsection (3A).
(3D) The oath or solemn declaration referred to in subsection (3A)(b) shall be recorded in the certificate of marriage issued by the registrar on completion of the conversion.”

[Lord Elton]

My Lords, I have gleaned a little popularity that way. I hope that I will now get a good reception for Amendment 24C.

The background to the amendment is that the whole purpose of the Bill is to accord a higher status to those people who at the moment have been limited for permanent unions to resorting to a civil contract. It seems rather absurd that to convert that to a marriage, which is supposed to be a leg-up, as it were, should be left to regulations made not even by the Secretary of State—which I would have dealt with by the earlier amendments in my name—but by the Registrar General, and that there was to be no mention of any sort of formality or ceremonial required of the process. Some form of swearing of an oath of continuity should form a part of anything that calls itself a marriage.

I have set out an Aunt Sally that requires the regulations—made by the Secretary of State or the Registrar General, as the case may be—which specify the terms of that oath in the marriage contract, to make a requirement that both parties to such a marriage shall swear lifetime fidelity,

“to undertake, before witnesses and by oath or by solemn affirmation, to honour the contract and the other party to it for as long as both of them are alive”.

I put a requirement that it should be made before witnesses as that is the barest bones for a ceremony of some sort which incorporates one of the essential elements of a marriage. After all, if they do not want a lifetime union, what is the point of having a marriage? This is a reasonable thing to do, and I do it to enhance the status of what noble Lords opposite are trying to achieve. I hope that it will at least give your Lordships something to think about between now and Report. With those few words I commend this amendment to your Lordships’ House.

[The Deputy Speaker]

I assume that the noble Lord would like to move his amendment.

[Lord Elton]

I thought commendation amounted to movement. However, I beg leave to move the amendment.

[Baroness Northover]

My Lords, Amendment 24C sets out a procedure for the conversion from civil partnership to marriage to take place under Clause 9 of the Bill. My noble friend proposes an oath or affirmation to be made before three witnesses. We already have adequate powers in Clause 9 that would enable the making of provision for a ceremonial element to the conversion, which could consist of spoken statements and/or a requirement for the presence of witnesses. It would be premature to be more specific.

We are still developing detailed proposals for how the conversion process would work and these are not straightforward issues. For example, the more elaborate the arrangement, the more costly this is likely to be for the couple, many of whom may wish to have a very simple, essentially administrative process, given that they may have incurred significant costs when registering their civil partnership. Let us not forget that if marriage had been an option when many couples contracted their civil partnership they might have opted for marriage originally and will consider that they do not need to jump additional hurdles or show more commitment; they have already done that. It is important that we do everything we can not to force such couples down a costly route if they do not wish to take it.

I acknowledge that some would like a requirement for some form of declaratory or contracting words to be spoken in a procedure as an integral part of the conversion, while others would want a minimalist approach. We will be consulting interested stakeholders as we shape the detailed policy for conversions so that the regulations are as inclusive as possible of affected couples’ wishes. We should not lose sight of the fact that a conversion is not, and never has been, intended to signify the beginning of a relationship; rather it is a change of status of an existing legal relationship. Conversion will be an administrative process, although we believe there should be a possibility of an optional ceremonial aspect for those who want it. We will bring forward our proposals in good time so that we can get the process right.

I appreciate my noble friend’s recognition of the significance of marriage to couples who wish to convert their civil partnership. Nevertheless, as the methods of such conversion are very carefully considered, I hope my noble friend will bear with us and withdraw his amendment.

[Lord Elton]

My Lords, I was very interested in the terms in which my noble friend asked me to do that. I wonder if she is familiar with the fourth report of the Delegated Powers and Regulatory Reform Committee on the Bill. Paragraph 6 says:

“We do not consider it appropriate to describe the powers conferred by clause 9 as being administrative in nature”—

which is what she has just done.

“The regulations will set out the entire process under which a civil partnership is converted into a marriage, including whether or not it requires the presence of the parties and (if so) the nature of the ceremony they are to take part in. This is a wholly novel process with no indication given in the Department’s memorandum as to the form that it will take or as to fees which may be required to be paid”.

It seems that not enough thought has been given to this in advance. In bold type the report then says:

“Accordingly we recommend that regulations under clause 9 should be made by the Secretary of State, with the affirmative procedure applying to the first exercise of the powers, and with the regulations thereafter being subject to the negative procedure”.

I hope that my noble friend will warm to that idea as the bare minimum that would induce me at a later stage to withdraw the amendment.

[Baroness Northover]

My noble friend has neatly rolled up his previous amendment as well. I am aware of the Delegated Powers Committee report. We have just received it and will be studying it carefully, considering all its recommendations. I note what my noble friend says and I ask him to await our response to the committee’s recommendations.

[Lord Elton]

That said, and anxiously awaiting developments, which I hope will be ahead of Report stage so that I can digest them and maybe even have the honour of discussing them with the Minister before Report stage, I beg leave to withdraw my amendment.

Amendment 24C withdrawn.

Debate on whether Clause 9 should stand part of the Bill.

[Lord Elton]

My Lords, I apologise. I gave notice that I had a point to raise, but it was drawn inevitably into my remarks after the noble Baroness gave me her answer. I no longer have anything to say.

Clause 9 agreed.