Marriage (Same Sex Couples) Bill

Margot James Excerpts

Monday 20th May 2013 Commons Chamber

[Sir Gerald Howarth]

No, I will not give way yet.

The House ignores at its peril the chilling effect that already exists out there—although it is now okay for us to discuss immigration, thanks to the Leader of the Opposition, who has recognised that there is huge public concern and has graciously sanctioned our speaking about it in terms that, in previous times, he might have dismissed as being racist.

There are people out there who will be intimidated by this legislation. I have to say to my hon. Friend the Minister that I entirely agree with my hon. Friend the Member for Canterbury (Mr Brazier), who made the point that, at the end of the day, his assurances, and those of his Front-Bench colleagues, are utterly worthless. We have ceded the power of the House of Commons not to the courts of this land, but to the European Court of Human Rights. That Court will be the ultimate determinant of what is to prevail, the right of the teacher expressing a profoundly religious view or the public equality duty.

Opposition Members speak effortlessly of their belief in freedom of expression, but I am afraid that the reality out there is very different. Our constituents do feel intimidated. They fear that they will be accused of a hate crime. That, in my view, is a new and wholly pernicious development of the law.

[Margot James (Stourbridge) (Con)]

The notion of a “chilling effect” is new to me, but I recall in the 1980s, and even the 1990s, what I would describe as a freezing effect on the lives of gay people and other minorities. At that time, the majority were at liberty to discriminate against us in employment, and in practically every other walk of life. As for speech—goodness! I recall some outrageous verbal aggression from those days. Let me ask my hon. Friend this. Does he not think that some of the legislation that has been passed over the years and to which he seems to object, historically, has actually levelled the playing field rather than going too far in the opposite direction?

[Sir Gerald Howarth]

I greatly respect my hon. Friend, whom I consider to be a very decent person and who has expressed her view very courteously. However, I warn her, and Members in all parts of the House, that I fear that the playing field is not being levelled. I believe that the pendulum is now swinging too far in the opposite direction. There are plenty in the aggressive homosexual community who see this as but a stepping stone to something even further.

--- Later in debate ---

[Maria Miller]

My hon. Friend raises an important issue, but it is not really the right place to discuss it in the context of this Bill. My message is that if we really want to make sure that we make progress on this Bill, in this place and in the other place, we need to focus on what it is trying to deliver, which is to make marriage available to people who have not had that opportunity before. The issues surrounding the extension of civil partnerships and the issue just raised by my hon. Friend the Member for Worthing West have a great deal of importance and legitimacy, but now is not the time or here the place to discuss them.

[Margot James]

Will my right hon. Friend give way?

[Maria Miller]

Will my hon. Friend allow me an opportunity to make a tiny bit more progress?

As I said, now is not the time to legislate to extend civil partnerships to opposite-sex couples and, as the Second Church Estates Commissioner, my hon. Friend the Member for Banbury (Sir Tony Baldry) has said, this position is clearly supported by the Church of England and, indeed, by Stonewall. That is why I propose to undertake an immediate review of this area. I have moved new clause 16 to allow such a review to take place so that we can answer the many questions that my hon. Friends have raised this evening. The review will provide the answers on legal policy and implementation that are currently unanswered. Without those answers and without that evidence, it is not responsible for the House to legislate at this point.

[Margot James]

I thank my right hon. Friend for giving way. I believe in principle that civil partnerships should be available to heterosexual couples. However, I think that the nature of the debate over these short 20 minutes demonstrates that considerably more thought needs to be given to the proposal that the Minister outlines. May I ask her why this needs to take five years? Would she consider at least a slightly shorter time frame within which to consider these matters, which I readily accept require consideration outside this Bill?

[Maria Miller]

I know my hon. Friend will have studied the new clause in some detail, so she will see that there is an opportunity for us to conduct a review after five years. Equally, there are provisions within it for us to ensure that the review is immediate. That is what I would like to say today—that in bringing forward new clause 16, we would plan for an immediate review to take place. I was delighted to see the Labour party deciding to commit its support for this approach this afternoon, and the Government’s original amendment, which allows for an immediate review, could stand altered, but I am more than happy to accept the Opposition amendment to clarify the point if that will provide them with further comfort. I am very happy to do that.