Asked by: Lord Desai (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, following the High Court judgement in R (Harrison and others) v Secretary of State for Justice [2020] EWHC 2096 (Admin), what plans they have to extend legal recognition to humanist marriages, after the current Law Commission review of marriages concludes.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent.
The Commission initially delayed its publication of the consultation paper due to the Coronavirus pandemic, but the consultation launched on 3 September 2020 and will last until 3 December 2020. The law on wedding ceremonies is a complex and important area of the law. The Commission considered it essential to conduct a proper consultation with the wide range of interested groups and individuals who would be affected by reform. It did not feel that publishing during the initial period of public emergency would achieve this, particularly when weddings were being postponed.
The Commission expects to report to Government with its recommendations in the second half of next year. The Government will decide on provision on the basis of the Law Commission's recommendations.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the potential merits of recognising Humanist Marriages in law following the 2014 Ministry of Justice review into marriages by non-religious belief organisations and the 2020 High Court ruling that a failure to recognise humanist marriages is discriminatory.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government will decide on provision on the basis of the Law Commission's recommendations.
The Law Commission published a consultation paper on 3 September 2020 as part of its review and will welcome responses from all.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the proposals from the Law Commission on Humanist Marriages, what steps he will take to recognise humanist marriages while a comprehensive reform of marriage law is undertaken.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government will decide on provision on the basis of the Law Commission's recommendations.
The Law Commission published a consultation paper on 3 September 2020 as part of its review and will welcome responses from all.
Asked by: Baroness Burt of Solihull (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have to extend legal recognition to humanist marriages.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government will decide on provision on the basis of the Law Commission's recommendations.
The Law Commission has now published a consultation paper as part of its review and will welcome responses from all.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the recent High Court judgment R (Harrison and others) v. Secretary of State for Justice [2020] EWHC 2096.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government will decide on provision on the basis of the Law Commission's recommendations.
The Law Commission has now published a consultation paper as part of its review and will welcome responses from all.
Asked by: Baroness Whitaker (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they have taken to consider extending legal recognition of humanist marriages since 2013; and what further plans they have to do so.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
Reform to fundamental marriage law in England and Wales needs to be wholesale and not undertaken on a piecemeal basis. That is why we invited the Law Commission last year to review the law on how and where couples may marry. As part of that review, the Law Commission will make recommendations about how marriage by humanists and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent.
The Law Commission’s consultation on weddings also considers how the law could allow independent celebrants to solemnize legal weddings. The Government will decide on provision on the basis of the Law Commission's recommendations.
The Law Commission published its consultation paper on 3 September and will welcome contributions from all stakeholders.
Asked by: Janet Daby (Labour - Lewisham East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the legal recognition of humanist marriages in Scotland since 2005; and if he will make it his policy to legally recognise those marriages in England.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Reform of marriage law in England and Wales should be undertaken on a comprehensive rather than piecemeal basis. That is why we invited the Law Commission last year to review the law on how and where couples may marry. As part of that review, the Law Commission will make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent.
The Commission initially delayed its publication of the consultation paper due to the Coronavirus pandemic but the consultation is now live. The law on wedding ceremonies is a complex and important area of the law. The Commission considered it essential to conduct a proper consultation with the wide range of interested groups and individuals who would be affected by reform. It did not feel that publishing during the initial period of public emergency would achieve this, particularly when weddings were being postponed.
The Commission will be considering its overall timetable in light of the timing of the consultation, and it expects to report to Government with its recommendations in the second half of next year.
Asked by: Baroness Blackstone (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what reforms to marriage law they are currently working on; whether they plan to bring forward proposals for legal recognition of humanist marriages; and if not, why not.
Answered by Lord Keen of Elie
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government looks forward to publication of the Law Commission’s consultation paper in September and, following the final report, will decide on provision on the basis of the Law Commission's recommendations.
Separately, the Government continues to explore both limited reform and non-legislative options relating to religious weddings, as well as to explore interim reform of the law governing approved premises for marriages and civil partnerships.
Asked by: Hywel Williams (Plaid Cymru - Arfon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent progress has been made on granting legal recognition to humanist marriages; and whether he has made an assessment of the potential merits of enabling Senedd Cymru to legalise humanist marriages in Wales.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government looks forward to publication of the Law Commission’s consultation paper in September and, following the final report, will decide on provision on the basis of the Law Commission's recommendations.
Marriage law remains a reserved matter.
Asked by: Rebecca Long Bailey (Labour - Salford and Eccles)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment in Smyth, Re Judicial Review [2017] NIQB 55, for what reasons the remit of the Law Commission's review of weddings law includes the legal recognition of humanist marriages.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent.