Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Lord McAvoy Excerpts

Monday 1st December 2014 Grand Committee

[Lord McAvoy (Lab)]

My Lords, I again express my gratitude to the Minister for his exposition and I do not think that the issue needs any further comments. As a firm supporter of civil partnerships at the time and now, I think that what is taking place is common sense. It is also worth mentioning that many fears and doubts were expressed at the time about religious freedom, but thanks to that common-sense co-operation this order will also protect those of a religious background who do not wish to take part in same-sex marriage and the registration of civil partnerships. I was in favour of that protection then and I am in favour of it now. The order should alleviate fears held among religious communities that there is a slippery road to enforcement, as this makes it clear that there is not. That is to the benefit of everyone who has an opinion on this, no matter whether it is for or against same-sex marriages. This order gives assurance of security and protection, and I welcome that. Again, this is sensible, and co-operation such as this gives devolution a good name. We support the measure.

[Lord Wallace of Tankerness]

My Lords, I am very grateful for the support for this order expressed by the noble and learned Lord, Lord Hope of Craighead, and the noble Lord, Lord McAvoy. As has been said, it is a product of a considerable amount of work.

On definitions, I can assure the noble and learned Lord that I am advised that Section 4 of the 2014 Act has a similar table of definitions.

I can reassure the noble Lord, Lord McAvoy, that, as I said in my opening remarks, one of the functions of this order is to amend the Equality Act 2010, as it applies to Scotland, to give protection to celebrants and others who do not wish to take part in same-sex marriage ceremonies. I recall that I had some responsibility for this area of the 2013 legislation when it went through your Lordships’ House, and the Scottish Parliament has been equally concerned to ensure that proper protection is given.

Again, to reassure the noble and learned Lord, Lord Hope, I am sure that the Scottish Government still has to make some implementation orders, but equally the United Kingdom Government stand ready for any further measures. One would hope that the work has been done and that a pretty comprehensive approach has been taken, but obviously if, at some later date, things emerged that were not covered—indeed, part of this order deals with things that were not covered in the implementation of the civil partnership legislation—we would stand ready to undertake the necessary legislation to address that. On that basis, I commend the order to the Committee.