Marriage (Same Sex Couples) Bill

John Bercow Excerpts

Tuesday 21st May 2013 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New schedule 1—‘Consequential amendments—Marriage according to usages of approved organisations—

The following amendments are made to the Marriage Act 1949—

(1) In section 26 (marriages which may be solemnized on authority of superintendent registrar’s certificate) in subsection (1) after paragraph (c) there is inserted—

(ca) a marriage conducted under the auspices of an approved organisation;”.

(2) In section 35 (marriages in registration district in which neither party resides) after “the Society of Friends” there is inserted “or of an approved organisation”.

(3) In section 43 (appointment of authorised persons) in subsection (3) after “the Society of Friends” there is inserted “or of an approved organisation authorised by the Registrar General under section 47A”.

(4) In section 50 (person to whom certificate to be delivered), in subsection (1) after paragraph (d) there is inserted—

(da) if the marriage is to be solemnized according to the usages of an approved organisation, a registering officer of that organisation”.

(5) After section 52, the following section is inserted—

“52A Interpretation

In this Part of this Act “approved organisation” has the meaning given to it in section 67.”.

(6) In section 53 (persons by whom marriages are to be registered), after paragraph (b) there is inserted—

(ba) in the case of a marriage solemnized according to the usages of an approved organisation, a registered officer of that organisation;”.

(7) In section 54 (provision of marriage register books by Registrar General), in subsection (1) after the words “the Society of Friends,” there is inserted “registering officer of an approved organisation”.

(8) In section 55 (manner of registration of marriages)—

(a) in subsection (1) after the words “the Society of Friends” there is inserted “or of an approved organisation”; and

(b) in subsection (1)(b) after the words “the Society of Friends” there is inserted “or of an approved organisation” and after the words “the said Society” there is inserted “or organisation”.

(9) In section 57 (quarterly returns to be made to superintendent registrar), in subsection (1) after the words “the Society of Friends” there is inserted “or of an approved organisation”.

(10) In section 59 (custody of register books) after the words “the Society of Friends” there is inserted “or of an approved organisation”.

(11) In section 60 (filled register books) in subsection (1), paragraph (b), after the words “registering officer of the Society of Friends” there is inserted “or of an approved organisation”; after the words “members of the Society of Friends” there is inserted “or of the said organisation”, and after the words “the said Society” there is inserted “or organisation”.

(12) In section 63 (searches in register books) after the words “the Society of Friends” there is inserted “or of an approved organisation”.

(13) In section 67 (interpretation of Part IV), there are inserted in the list of definitions the following—

““approved organisation” means an organisation approved by the Registrar General under section 47A of this Act;” and

““registering officer of an approved organisation” means a person whom the principal officer of the said organisation certifies in writing under his or her hand to the Registrar General to be a registering officer in England or Wales of that organisation;”;

and in the definition of “superintendent registrar” after paragraph (b) there is inserted—

(ba) in the case of a marriage registered by a registering officer of an approved organisation, the superintendent registrar of the registration district which is assigned by the Registrar General to that registering officer;”.

(14) In section 75 (offences relating to solemnization of marriages) in subsection (1), paragraph (a), after the words “the Society of Friends” there is inserted “or of an approved organisation”; and in subsection (2), paragraph (a), after the words “the Society of Friends” there is inserted “or of an approved organisation.”.’.

Amendment 19, in clause 2, page 3, line 28, at end insert—

(iA) section 47A (marriage according to the usages of approved organisations).’.

Amendment 20, in clause 5, page 6, line 29, after ‘solemnized’, insert

‘and includes an organisation approved under section 47A(1).’.

Amendment 21, schedule 7, page 49, line 16, after ‘celebrated’, insert

‘and includes an organisation approved under section 47A(1).’.

New clause 14—Civil union—

‘(1) Two people, whether they are of different or the same sex, may enter into a civil union if—

(a) they are both aged 18 or over;

(b) they are not within prohibited degrees of relationship;

(c) they are not currently in a civil union with someone else.

(2) A civil union must be solemnized by a Registrar.

(3) No religious service is to be used while the civil union registrar is officiating at the signing of a civil union document.

(4) A civil union ends only on death, dissolution or annulment.

(5) The Marriage Act 1949 is repealed.’.

New clause 18—Marriage solemnized other than at a religious ceremony to be termed Civil Marriage—

‘(1) Any marriage solemnized (whether before or after the passing of this Act) under Part 3 of the Marriage Act 1949 (Marriage under Superintendent Registrar’s Certificate), the Marriage (Registrar General’s Licence) Act 1970 or an Order in Council made under Part 1 or 3 of Schedule 6 (other than a marriage according to religious rites and usages) shall be termed a Civil Marriage.

(2) The Secretary of State or Lord Chancellor may, by order, make such provision (including provision amending UK legislation) as the Secretary of Sate or Lord Chancellor considers appropriate in consequence of this section.’.

Amendment 58, in clause 9, page 9, line 5, at end insert

‘and such a marriage shall be a civil marriage’.

Amendment 59, in clause 15, page 12, line 15, at end insert—

‘(ba) an order under section (Marriage solemnized other than at a religious ceremony to be termed Civil Marriage).

[Kate Green]

I am moving new clause 15 to introduce humanist marriage, along with new schedule 1 and amendments 19, 20 and 21 that are consequential to new clause 15. May I start by paying tribute—

[Mr Speaker]

Order. I will not say that I was heckled by the Clerk of the House from a sedentary position, as he was rather helpfully advising me from his usual position on a point on which we need to be clear. I am sorry if the hon. Lady thinks this is a pedantic point, but it is quite important procedurally. The hon. Lady can speak to the other amendments in the group, but the only item she is moving at this stage is new clause 15. We anoraks like to get these things right.

[Kate Green]

Thank you for that exceptionally helpful advice, Mr Speaker. I am, of course, moving new clause 15 and speaking to new schedule 1 and amendments 19, 20 and 21.

I should like to pay tribute to the British Humanist Association for its support with drafting and its general and wider advice. This proposal seeks to put right a long-standing injustice in a simple and uncontroversial way.

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[Several hon. Members]

rose—

[Mr Speaker]

It is always so encouraging to see such a display of enthusiasm at this hour.

Third Reading

Queen’s consent signified.

--- Later in debate ---

[Mr Speaker]

Before I call the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), I should point out to the House that I have had indication of no fewer than 14 right hon. and hon. Members seeking to contribute on Third Reading, in consequence of which I am imposing a five-minute limit on Back-Bench speeches.

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[Mr Lammy]

I am greatly saddened that the hon. Gentleman chose to use the term “playing the race card”. My comments were merely sited in an understanding of equality. There have been many battles on equality in this House. The battles against slavery, racism and sexism were noble, and many people outside the House will recognise that the fight for gay rights is one of equality; it is not playing—

[Mr Speaker]

Order. The hon. Member for Enfield, Southgate (Mr Burrowes) must have a chance to finish his speech.

[Mr Burrowes]

The Bill is triumphed over as being all about inclusivity, when what it has done has caused division, not just in the Conservative party—that is not the most relevant point—but in the country. The settled, respected position on supporting civil partnerships and the previously united concept of marriage between Church and state have now had a wedge driven between them by the Bill. Indeed, we had late resolutions to try to deal with the inequalities that are still apparent. What unites the opposition to the Bill is an unshakeable belief that will not accept the state’s redefinition of marriage and will recognise only the distinctive value of marriage as the bringing together of one man and one woman.

Throughout its passage through the House, the Bill has lacked legitimacy and scrutiny. I urge all hon. Members to exercise their consciences, listen to the real concerns of their constituents and join me in voting no on Third Reading.

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[Several hon. Members]

rose—

[Mr Speaker]

Order. In view of the level of interest, I am reducing the time limit on Back-Bench speeches to three minutes with immediate effect.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. I call Dr Julian Huppert. If he can speak more briefly—he does not have to—more Members will get in.