Same-sex Marriage: Bermuda

Debate between Lord Herbert of South Downs and Alan Duncan

Monday 29th January 2018 Commons Chamber

[Sir Alan Duncan]

I do not accept the hon. Gentleman’s interpretation of our liability in the sense that he has expressed it. As I explained, the human rights legislation, as we understand it, does not involve, as he would have it, the right to recognition in quite the terms that he suggests. There will be, if the law goes through, civil partnership, which is what we had just a few years ago. It is a law that extends rights that the mere recognition of marriage did not extend in terms of pensions, inheritance, tax, and other such equalities. The Government are giving careful consideration to Bermuda’s Domestic Partnership Bill to assess its implications in relation to our collective international obligations and our constitutional relationship with Bermuda. I will update the House when the Government have had time to finalise their position on that.

[Nick Herbert (Arundel and South Downs) (Con)]

Before my right hon. Friend finishes, will he say what his assessment is of the likelihood that the Supreme Court in Bermuda will revisit this position? As he has suggested, a very anomalous position is being created between the rights of some gay couples who were married under the existing provision and those who will not be allowed to do so in future. Did not the Supreme Court itself say that this historic and insular perspective on marriage was

“out of step with the reality of Bermuda in the 21st century”?

[Sir Alan Duncan]

I am not in a position to know what the Supreme Court is likely to be asked to do or will do. All we know at the moment is what lies on the table—the passage of the Bill.

I will end by reiterating this Government’s absolute commitment to promoting equal rights and fighting discrimination across the globe. We are fully committed to striving for a safer, fairer, more tolerant world where everyone has the opportunity to achieve their potential and live the life they choose.

Question put and agreed to.