Marriage (Same Sex Couples) Bill

Lord Garel-Jones Excerpts

Wednesday 19th June 2013 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I rise to speak briefly in support of my noble friend’s amendments and of this Bill. The noble and right reverend Lord, Lord Carey, asked noble Lords a few moments ago to listen to the people out there. We live in an increasingly diverse society and are observing shifts in our lifetime from one generation to another. When most of us were young, it was assumed that most people were Christians—or at least claimed to be. Nowadays, among young people at least, the opposite is true, and surveys and polls show that the majority are not religious. Even in the census, which was very conservative, 25% of us said we had no religion. Among the under-50s, more than 40% said so.

There are, of course, those who do not welcome this move away from religion. One consequence is that among young people with no religion—I suspect among older people, too—many nevertheless have strong beliefs and commitments that are not necessarily religious but still provide answers to questions about the importance of relationships, respect for others and moral standpoints. I would maintain that most young people have strong moral commitments at the personal and social level. What for many previous generations was expressed in Christianity, many young people today express in beliefs about respect for each other, the world and future generations.

This is relevant to the amendments that we are debating. These young people, when they marry, often wish to do so in a ceremony that expresses their humanist commitments and beliefs, and their respect for other people. Just as for many religious people the idea of a wedding in a register office is a mere legal formality compared to the vows they make to each other and to God in a church wedding, so for these young humanists it is second best to settle for a civil wedding conducted by a registrar who, regardless of his faith or lack of it, is not allowed by law to give expression to any religious belief, including humanism.

The Bill is about equal marriage. It is also about equal weddings and allowing this growing segment of our population—already growing in size, as my noble friend said—to conduct their own legally recognised weddings within the framework of their own humanist beliefs and commitments. The proposal has wide support. In Scotland, as my noble friend said, humanists conduct more weddings than any religious body apart from the Church of Scotland. A YouGov poll tells us that more than half the population support the proposal, with only 6% strongly opposed and another 6% tending that way. I understand that the Church of England told the British Humanist Association last week that they would not oppose it.

The British Humanist Association was accommodating in drafting the amendments proposed at earlier stages of the Bill and in responding to suggestions made at meetings with government Ministers and officials. The difficulties that were expressed then now seem to have been resolved. The amendment breaks no new ground in being based on an organisation rather than a building: the Jews and Quakers are already in this position. The principal concern expressed by officials at Church House last week to the British Humanist Association was that the public nature of marriage should be preserved. That is something that we can surely all endorse but it does not require a registered building, only that the place intended for the wedding is known and open to all who wish to attend. The amendment specifies “with open doors” and the location for all weddings is already included in the notice of marriage required under the Marriage Act 1949.

The proposal is not for a celebrant-based system; what the amendment says about nominating registering officers is precisely what the law says about non-Anglican churches nominating their clergy as such. There are no implications for the safeguards for religions not wishing to conduct same-sex marriages.

I am told that Bills about marriage come along about once in a generation. Let us not, through excessive caution, allow the injustice of the present system to wait for another generation to be put right.

[Lord Garel-Jones]

My Lords, I support the amendment moved by the noble Lord, Lord Harrison, and the new schedule proposed in Amendment 27A.

Whenever I am asked what my religion is I reply, “I am a Church of England atheist”. I hasten to say that this is not some glib witticism, but a true reflection of my position. I do not believe in God and I am a member of the All-Party Humanist Group. However, the King James Bible, the Cranmer prayer book and Hymns Ancient and Modern are a part of my DNA. Their role in our history and their language are part of what makes our country what it is today. Consequently, when noble Lords talk about traditional marriage, I understand and respect where they are coming from.

I am a little concerned, as was my noble friend Lord Deben, that a number of religious believers in your Lordships’ House may, with the greatest courtesy, have been attempting to load up the Bill. I shall concentrate my remarks on the allegation that this amendment undermines, as it were, the whole basis of the law on marriage. As the law stands, any religion may conduct legally recognised marriages so long as they have use of a registered place of worship. Any sect of any religion that can afford a building can register it as a place of worship, and then re-register it for marriages without any obstacle whatever. In effect, provided you are a religion, you get a bisque.

Putting aside the 11 main Christian denominations—the noble Lord, Lord Harrison, made reference to this—there are almost 4,500 places registered for the solemnisation of marriage by minor Christian groups, and more than 650 by non-Christian groups. Many of these, to put it as kindly as I can, are a little eccentric. The noble Lord, Lord Harrison, referred to the Aetherius Society, which believes that gods from outer space visit the earth in flying saucers—and, yes, the Aetherius Society is registered to perform marriages.

This amendment simply proposes approval for organisations that, unlike religious bodies, which sail through unimpeded, meet a number of serious criteria. The first one in Amendment 22A—it is printed on the Marshalled List so I will not tire the Committee by reading it all out—makes a series of requirements. They must be registered charities of good repute, they must have been established for at least 10 years, the ceremonies must be rooted in their belief, written procedures must exist and so on. In other words, a simple visit from a flying saucer will simply not suffice for the humanist group. A serious list of terms and conditions is set out in the proposed new clause.

On the registration of buildings, to which the noble Baroness has just referred, I think this is a bit of a red herring. Any marriage needs to be preceded by a public notice—either banns in a parish church or a notice under Section 27 of the Marriage Act 1949. The amendment ensures not only that the place is known but that the marriage is to be celebrated under open doors. I believe, therefore, that this objection is without substance. The proposal is organisation-based in the same way that the law already recognises the organisations of Jews and Quakers. I recognise that what we, as humanists, are seeking to do is, as it were, to slipstream in behind the Bill, which I strongly support.

In conclusion, I say with respect that the two main Christian religions in our country are in some danger of falling out of step with civil society. For example, any corporation that made it clear that women were excluded from top positions in its organisation would find itself in court. Consequently, the debate about women bishops now going on in the Church of England raises a few eyebrows in this day and age. Most young married couples are involved in family planning and yet, as I understand it, the Roman Catholic Church continues to regard this as a mortal sin.

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[Lord Singh of Wimbledon]

On the question of religions falling out of step with civil society, religions are there to give values to society, lasting and ethical values, on which society should be based for its own good so that responsibility and consideration of others is there. I see dangers in civil society falling out of step with that guidance.

[Lord Garel-Jones]

With the greatest respect, I agree except that I would put it the other way around. The danger that I see for religions, particularly the one to which I feel sentimentally attached, the Church of England, is that they will fall out of step with civil society. For example, the progress that has been made over the past 100 years in rights for women is widely supported in civil society. Therefore, as I said earlier, it seems a little odd to see the Church of England debating whether women should be bishops. It is, of course, a matter for them and for their religious beliefs.

[Lord Singh of Wimbledon]

I apologise, but the noble Lord refers to religions—he has clarified the issue now—and gives the example of women. Women were given full equality in the Sikh religion from day one.

It is not a question of marketing. Religions and value-based systems should not go for marketing. They are offering something, and that must not go with the tide. That is absurd.

[Lord Garel-Jones]

As I say, I am not the best person to be advising churches on how to handle the like. However, religions evolve and have, over the centuries, evolved along with society. I would suggest that they might be wise to do so.

In conclusion, I say to the Minister that I very much hope that she will be able to give consideration to this matter. I recognise that we are attempting to slipstream behind the Marriage (Same Sex Couples) Bill, which I strongly support, and which has been strongly supported both in this House and in the other place. We also know—I think we all know this—that even with a piece of legislation of this kind, which is non-party and free vote, officials look to their Ministers for guidance. I have no doubt that if my noble friend the Minister and the Secretary of State in the other place were to suggest to their officials that they would like to find a way of accommodating humanist marriage within the Bill, they could and would do just that. I very much hope that the Government will move such an amendment on Report.

In the mean time, if I may paraphrase a lyric from Hymns Ancient and Modern, I can assure the House that we in the humanist movement,

“will not cease from mental fight”,

until we have achieved full recognition in the law for humanist marriage.

[The Lord Bishop of Guildford]

My Lords, I greatly appreciate both the humour of the noble Lord, Lord Garel-Jones, and the courtesy of the noble Lord, Lord Harrison, and the noble Baroness, Lady Massey. Conversations have just been referred to. There has indeed been a conversation, as the noble Lord, Lord Harrison, said, but it was only a few days ago and it was just with officials. There is not yet, I think, a formal Church of England view on this matter. Your Lordships should take account of that in hearing what I have to say.

Personally, I am open to this proposal. Nevertheless, I have a serious question as to whether it is right—to use the phraseology of the noble Lord, Lord Garel-Jones—to slipstream this into this Bill, which is about same-sex marriage. I have three reasons for seeking to avoid confusion at this point.

First, as has been recognised already, this amendment would intrude a celebrant-based recognition, or at least a partly celebrant-based recognition, into the marriage law of England and Wales. I declare an interest: according to the law of England and Wales, I am one of the persons in this Chamber who can and do solemnise marriages in the Church of England, in parish churches and, with the most reverend Primate the Archbishop of Canterbury’s special licence, anywhere at any time, which is more than civil marriage allows; that is an aside. There is nothing wrong with the celebrant system—

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[Lord Alli]

There is huge respect for the Minister in this House and for the way in which she has conducted the passage of the Bill. We all want the Bill to go through. However, the noble Baroness should take the temperature of the House and of the other place. There is a will in both Houses that this should go through. You see this sometimes when the Front Bench are making their response: the explanation of why it should not go through has been crafted by the Civil Service and does not feel like one any of us understand. The unintended consequence argument, the argument that it could delay the Bill and a whole range of financial arguments are the standard set of arguments put forward generally to stop amendments going through. We would be very sympathetic if we understood what was worrying the Government about this amendment but as yet I, like many others, am lost as to what it is that cannot be done in the timeframes that we are talking about.

[Lord Garel-Jones]

Before my noble friend replies to that, she will, I am sure, have observed that not a single voice in your Lordships’ House has been raised against these amendments. She will have observed that the right reverend Prelate, while unable yet to tell us precisely what the position of the Church of England would be, spoke with, one could say, sympathy towards the position. I think what we are all asking is that if the Ministers, both my noble friend and the Secretary of State in the other place, were to say to the civil servants that they would like to find a way of accommodating this, we know that they could it. We would really like an explanation as to why that cannot be done.

[Baroness Stowell of Beeston]

I was about to conclude my remarks in any case. I am grateful to my noble friend. The noble Lord is right that there has been a great deal of support from all sides of the House, as there was in the other place. Of course I acknowledge that but I am still obliged as the Minister responsible for the Bill to explain when an amendment is put forward that it will have a significant effect—as we think this one could have—so that noble Lords are aware and properly apprised of the seriousness of the issues at stake. While the British Humanist Association and a lot of this House feel strongly that this change should be made, there has not been the kind of consultation and proper consideration of the impact of making that change and that has to take place.