Marriage (Same Sex Couples) Bill

Lord Singh of Wimbledon Excerpts

Monday 24th June 2013 Lords Chamber

[Baroness Royall of Blaisdon]

I understand what my noble friend is saying and, as I say, in terms of post-legislative scrutiny I think that that is not a bad thing to look at. However, I point out that views of civil partnerships over the past nine years have changed profoundly and I think that we will find that views of same-sex marriage will change also. Many of the fears that people expressed at the time of the Civil Partnership Bill were very much the same as the concerns being expressed about the same-sex marriage Bill.

The noble Lord, Lord Dear, cited statistics about Spain and the Netherlands. He has his set of statistics and we have ours. I do not have my own statistics to hand. It would be extremely helpful if the Minister could, in due course, write with our interpretation of those statistics so that they, too, are on record.

[Lord Singh of Wimbledon]

Does the noble Baroness think that the use of words such as “mad” or personalising issues by saying “look at your own marriage” really help this debate?

[Baroness Royall of Blaisdon]

My Lords, I was being slightly flippant when I asked the noble Lord to look at his own marriage. I should perhaps have talked of my marriage. If I had looked at my own marriage after one year, it would have been far too soon. In saying “mad”, I was not referring to people or meaning to personalise. I was not accusing the noble Lord of being mad but expressing a view about his suggestion that there should be a judicial process to look at the Bill in two years’ time, which is not sensible. Perhaps I should be more measured in my language. I apologise to the noble Lord.

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[Lord Singh of Wimbledon]

My Lords, this amendment is also in my name. It is a pleasure to follow the noble Lord, Lord Cormack. I echo his views and those of the noble Lord, Lord Anderson.

Before I go to the substance of what I want to say, I want to make a quick comment on three days of debate in Committee in which amendment after amendment has been put forward expressing concerns relayed from the general public about freedom of expression and freedom of belief, particularly in the workplace. I agree that if all those on the receiving end of harassment in the past, of which we have had examples, and potentially in the future were lawyers with deep-lined pockets, they could address the issues much more easily. Unfortunately, most people are not lawyers and do not have deep-lined pockets and can easily be subjected to harassment. Amendments were brought to try to bring clarity and reassurance to such people but they have been brushed aside.

It is revealing to note that those supporting this legislation have focused their comments on the benefits that might accrue to the gay community, with little or no consideration as to the effects on wider society. In this House, we have a responsibility to the country to take a wider view. As regards the building blocks of the noble and learned Lord, Lord Mackay, in the 1960s and 1970s it became common to take out a wall between two adjoining rooms to give more space, generally without conducting any sort of structural survey. The result was often structural damage costing thousands of pounds. The Bill seeks to change the definition of marriage, and with it the structure, meaning and purpose of the family unit, without any consideration of the consequences for the structure and stability of society and, importantly, for the well-being of children.

It is important to look at this from the perspective of both types of relationship. Let us start with commitment to care and fidelity. In both formalised heterosexual relationships and same-sex relationships there is due emphasis on commitment. Heterosexual marriage, however, also requires an unequivocal pledge of fidelity to stay together to the exclusion of others to provide a stability that is critical for children. In same-sex marriage there is no parallel requirement of fidelity. There is no religious, social or legal sanction to prevent a party to the relationship having other liaisons with others of the same sex. This devalues the importance of commitment and fidelity in the eyes of children and can only add to the “me and my” culture and the ever increasing number of children taken into what we euphemistically call care.

The bonding between parents and children of natural birth parents starts from the very moment of birth. I am not saying for a moment that same-sex couples cannot be excellent parents, but heterosexual parents have an important and early advantage in giving a desired level of stability and support to children and in helping them to adjust to, and appreciate, those of an opposite sex to their own. What I am saying is that these two distinct forms of relationships, equally respected by law and society, are inherently different, and a different form of words to describe them simply makes for clarity. To my mind, gay people demean themselves when they seek to hide their separate identity under the guise of the heterosexual term “marriage”. Gay people have an absolute right to respect for their way of life, but they and their supporters should extend the same consideration to others and their institutions.

Legislation on important social change must take into account the implications of such change. The legislation before us was not put in any party manifesto; there was no consultation on its merits. The Prime Minister David Cameron explicitly ruled out shortly before the election that he would introduce the legislation. It was effectively introduced through the back door. The electorate as a whole has been treated with contempt. Those with religious beliefs have been treated with contempt. It is true that near absolute protection has been given to the Anglican Church—not out of respect but because of the complexities of the link between church and state, making it difficult to do anything different. Other religions, including my own, have been neither considered nor consulted. We were told on Wednesday that no offence was intended in dealing with other religions; it was simply too difficult. Is complexity a valid reason for not looking at the impact of legislation on other faiths?

It is beyond doubt that the implications of this major social change have not been properly considered and the Government should withdraw the Bill for proper consultation with the electorate and affected bodies. If not, they should have the courage to allow the electorate to have a say on the merits of this legislation—through a referendum on the lines suggested in the amendment. The Bill has caused an unprecedented fracturing of society; a commitment for all parties to accept the results of a referendum and the beginning of a healing process. If, however, the Government choose to ride roughshod over the concerns of millions and ignore public opinion, they and their supporters will pay a heavy price in the coming election.

[Lord Fowler]

My Lords, as with post-legislative scrutiny, I have some sympathy with the principle of referendums. I am totally unlike my noble friend Lord Cormack. We came into the House of Commons at the same time, in 1970. I am slightly unusual in being a pro-European who is in favour of referendums. In my 1970 election address, I said that before Parliament decided on entry into the Common Market there should be a referendum. Conservative central office was not very happy with that but there we are; it is one of those things.

The referendum took place before Parliament had taken a decision, so that Parliament could be guided. Here we are being asked to support a referendum in two years’ time—not even tomorrow, but in two years.

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My noble friend Lord Dobbs put his finger on it when he said that this Bill is not about numbers, but that at the heart of it is doing the right thing and ensuring equality for same-sex couples and religious freedom. The Bill also tries to give proper protection to those who have a strong religious belief. With the greatest respect, I take exception to what the noble Lord, Lord Singh, said about our not having had regard to those who are concerned about freedom of speech and religious belief. I think that there is unanimity in this House that we must try to ensure proper protection for those who wish quite legitimately to express a view which opposes marriage of same-sex partners. We have striven to reassure religious organisations and individual priests and celebrants within them that provisions are in place to give the kind of security with regard to religious belief which we believe is proper.

[Lord Singh of Wimbledon]

I referred specifically to the intricacies and differences within faiths. Just to say that all faiths are protected is not really sufficient. We are different in our different religions. There are different concerns. They have been ignored.

[Lord Wallace of Tankerness]

My Lords, I of course recognise that there are differences. The Government fully recognise that that there are different concerns within different religions, but I do not believe for one moment that they have been ignored. No religion will be obliged to conduct a same-sex marriage against the views and wishes of that religion. We have tried to build in as many safeguards as possible to do that. It is something to which we are acutely sensitive and we wish to ensure that adequate protection is given.

It is important to remember that civil partnerships were introduced to give same- sex couples equivalent rights and responsibilities at a time when marriage was not available to them. Despite the opposition at the time, their introduction led to greater acceptance and inclusiveness for same-sex couples in wider society.

History shows that undertaking important social change to extend fundamental rights to minority groups who experience inequality and social injustice is not always easy. Not all is necessarily favoured by the majority, but certainly the opinion polls that I have seen from more recent times show that there probably is a majority. I believe that providing for a referendum on same-sex marriage in this Bill would delay progress in removing a current and manifest unfairness. I therefore ask the noble Lord to withdraw his amendment.