Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Lord Hayward Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 1st February 2019 Lords Chamber

Moved by

[Lord Hayward]

3: After Clause 1, insert the following new Clause—
“Marriage of same-sex couples in Northern Ireland
(1) The Secretary of State must make regulations to change the law relating to marriage in Northern Ireland to provide that marriage between same-sex couples is lawful.(2) Regulations under this section must be in force within 10 months of this Act being passed, subject to subsections (3), (4), (5) and (6).(3) If a Northern Ireland Executive is formed within the period of 6 months beginning with the day on which this Act is passed, a statutory instrument containing regulations under this section must be laid before the Northern Ireland Assembly.(4) Regulations contained in a statutory instrument under subsection (3) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.(5) If no Northern Ireland Executive is formed by the end of the period of 6 months beginning with the day on which this Act is passed, a statutory instrument containing regulations under this section must be laid before both Houses of Parliament.(6) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.”

[Lord Hayward (Con)]

My Lords, I rise to move Amendment 3 in my name and those of the noble Lords, Lord Collins and Lord Cashman. At the start of the debate on this Bill, I did not think I would be declaring my religion or anything else, but I will choose to do so as a number of others have. I was brought up a practising Christian, and as a practising Christian I believe in the equality of all people. That is at the core of this amendment. The noble Lord, Lord Collins, the right reverend Prelate the Bishop of Chelmsford and others have referred to changes in social attitudes. It is relevant to this amendment that I make reference to DUP leader Arlene Foster’s extremely welcome move last year to attend an event she previously had not. That indicates that society is moving—a matter to which I will return later. Given the issue covered by the amendment, I should also declare that I am a strong unionist and will remain so. That applies to the whole country, but I am also strongly in favour of devolution.

--- Later in debate ---

[Baroness Hodgson of Abinger]

My Lords, I thank the Minister for her remarks on this important issue, and the noble Lords, Lord Hayward, Lord Collins and Lord Cashman, for tabling the amendment. The Minister has given her view and we can have a separate debate on what happens about making law in Northern Ireland in the absence of the Assembly. However, I ask that the amendment not be pressed to a vote. It might cause difficulties with the Bill’s progress and the realisation of its very important aims.

[Lord Hayward]

My Lords, in the light of the comments that I have heard, I indicate that I intend to withdraw my amendment, but I also intend to pursue it further on Report. I believe for a number of reasons, including the clarifications and comments from the likes of the noble Baroness, Lady Thornton, the noble Lord, Lord Kilclooney, and others, that this is an issue that has found its time. Therefore, this Chamber and the other place need to find a solution. As the noble Baroness, Lady Thornton, so aptly put it, if the amendment were in the Bill, I am absolutely clear, as I think the vast majority of people in this Chamber are, that both Houses would find a way to pass it. I beg leave to withdraw the amendment.

Amendment 3 withdrawn.