Asked by: Matthew Offord (Conservative - Hendon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when the Law Commission will publish its findings on marriage laws in England and Wales.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Law Commission’s review on weddings will explore options for wholesale reform to the law governing marriage ceremonies. The report is due to be published with recommendations for the Government in July 2022.
Asked by: Rupa Huq (Labour - Ealing Central and Acton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the proposed reforms to sections (a) 3 and (b) 6 of the Human Rights Act 1998 on the human rights of people who are non-religious.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
With our proposed changes to section 3 of the Human Rights Act 1998 (HRA), we aim to make sure the balance between our domestic institutions is right, by ensuring that UK courts can no longer interpret legislation contrary to Parliament’s intent.
Our proposed changes to section 6 of the HRA will ensure that those delivering vital public services can do so without the constant threat of having to defend against trivial human rights claims.
Humanist marriage is very much on my department’s radar. In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.
To ensure we are considering the implications of changing the law on marriage fairly for all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation.
Following the Law Commission report, we will take the time to consider any proposed changes to marriage laws thoroughly, including how non-religious belief organisations (such as Humanists) and/or independent celebrants could conduct legally binding weddings. Any change to legislation would then take place when parliamentary time allows.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the risk of introducing inconsistencies into the law around marriage if humanist marriages are legislated for before the Law Commission's review in this area has concluded.
Answered by Lord Wolfson of Tredegar
In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.
To ensure we are considering the implications of changing the law on marriage on all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report.
The Government will carefully consider the Law Commission’s recommendations when the final report is published in July, and it is right for us to wait for the outcome of the report before amending marriage law any further.
Asked by: Baroness Whitaker (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have to extend legal recognition to humanist weddings; and why they did not do so at the same time as extending legal recognition to outdoor weddings.
Answered by Lord Wolfson of Tredegar
In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.
To ensure we are considering the implications of changing the law on marriage for all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report.
The Government will carefully consider the Law Commission’s recommendations when the final report is published in July, and it is right for us to wait for the outcome of the report before amending marriage law any further.
Asked by: Lord Desai (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the possibility of extending legal recognition to humanist marriages in premises approved for civil marriages and civil partnerships in advance of the outcome of the Law Commission review of marriage law; and, if any such assessment concluded that such an extension was not possible, why not.
Answered by Lord Wolfson of Tredegar
In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.
To ensure we are considering the implications of changing the law on marriage for all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report.
The Government will carefully consider the Law Commission’s recommendations when the final report is published in July, and it is right for us to wait for the outcome of the report before amending marriage law any further.
Asked by: Henry Smith (Conservative - Crawley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an (a) economic and (b) equalities impact assessment of bringing forward legislative proposals for humanist marriages ahead of the outcome of the Law Commission's review of marriage law.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government consulted in 2014 on marriages by non-religious belief organisations. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups. Its summary assessment of costs and benefits was published in the response, which can be found at https://www.gov.uk/government/consultations/marriages-by-non-religious-belief-organisations.
To ensure we are considering the implications of changing the law on marriage on all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules, costs, and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report. The Government will reconsider this issue on the basis of the Law Commission's recommendations.
Asked by: Rachel Hopkins (Labour - Luton South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will bring forward legislative proposals recognising humanist marriages in advance of wider marriage law reform following a positive report from the Law Commission.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.
To ensure we are considering the implications of changing the law on marriage on all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report.
The Government will carefully consider the Law Commission’s recommendations when the final report is published in July, and it is right for us to wait for the outcome of the report before amending marriage law any further.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Government's 20 December 2021 announcement of proposals to use interim reform to legislate for outdoor civil and religious marriages, for what reason the Parliamentary Under-Secretary of State for Justice stated that legislating for humanist marriages would pre-empt the Law Commission’s review of marriage law, Official Report, 27 January 2022, col 439 WH.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
By looking at the law comprehensively, the Law Commission will be able to ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. The Law Commission recommendations are expected to eliminate the current situation where a couple with one set of beliefs is legally permitted to marry in one type of location (for example, in a private garden), but a couple with another set of beliefs is not. That reform is not possible by only authorising humanist weddings.
The Government will carefully consider the Law Commission’s recommendations when the final report is published, and it is right for us to wait for the outcome of the Law Commission’s report due in July.
Asked by: Baroness Bakewell (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to grant full legal status to humanist marriages.
Answered by Lord Wolfson of Tredegar
The Government will consider the case for comprehensive and enduring reform once the Law Commission has completed its review of marriage law. The Law Commission will present options for reforms to modernise marriage law. Options are expected to include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings. The report is expected in July 2022.
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department plans to allow weddings to take place outside without the need for a permanent structure or in an approved structure, on a permanent basis.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 20 December 2021, the Government launched a public consultation on outdoor weddings and civil partnerships. The consultation set out, and sought views on, the Government’s proposal to continue to permit outdoor civil marriages and civil partnerships on approved premises indefinitely, and separately to permit outdoor religious marriages in the grounds of places of worship.
The Government response to the consultation will be published in due course.