Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is their assessment of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, when Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious ceremonies may not be.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the adequacy of current marriage law in an inclusive multi-faith society.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the urgency of the need for marriage law reform, with particular reference to protection and prevention for women whose religious marriage ceremonies do not comply with legal requirements and may not be legally recognised.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Written Answers by Lord Bellamy on 8 November 2022 (HL2958 and HL2957) when their response to the Law Commission’s report Celebrating Marriage: A New Weddings Law published on 19 July 2022 will be published.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government when they will respond to the Law Commission’s report Celebrating Marriage: A New Weddings Law, published on 18 July 2022 (HC 557); and what plans they have to introduce further legislation to safeguard women who are in unregistered marriages.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise. We will respond to the Law Commission’s report in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the publication of the Law Commission report, Celebrating Marriage: A New Weddings Law, published on 19 July, what assessment they have made of the Marriage Act 1949 (Amendment) Bill relating to the criminalisation of purporting to solemnise marriages that are not legally registered; and what plans they have to ensure that the Bill is scheduled for a second reading.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Now that the Law Commission has completed its review, we must take the time to consider the recommendations fully. We know that marriage ceremonies occur outside the legal framework for weddings in England and Wales. The Law Commission has carefully considered this in its report. We will set out our position on this issue, and wider marriage reform, within the formal Government response in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Written Answer by Baroness Scott of Bybrook on 27 April (HL7850) and the Law Commission report, Celebrating Marriage: A New Weddings Law, published on 19 July, what plans they have for assessing the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Now that the Law Commission has completed its review, we must take the time to consider the recommendations fully. We know that marriage ceremonies occur outside the legal framework for weddings in England and Wales. The Law Commission has carefully considered this in its report. We will set out our position on this issue, and wider marriage reform, within the formal Government response in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the Nuffield Foundation report, When is a wedding not a marriage? Exploring non-legally binding ceremonies, published on 8 March; and, in particular, of the conclusion that wedding law reform is achievable and long overdue.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government notes the conclusion of the Nuffield Foundation’s report. The Government remains committed to assessing the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review of the law in this area. The final report will take into account the findings of the Nuffield Foundation and is due in July. The report will support the Government in understanding what types of ceremonies are taking place, why they are taking place and what the demand for them is, and who conducts them, in order to consider the implications of changing the law on marriage on all groups.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Integrated Communities Strategy Green Paper published on 14 March 2018, whether they can provide an update on their progress in exploring "the legal and practical challenges of limited reform relating to the law on marriage and religious weddings."
Answered by Lord Wolfson of Tredegar
This is a difficult issue which requires careful consideration. The Law Commission are looking at aspects of the problem through their review of the law governing legal marriage ceremonies. This review will present options for reforms to modernise marriage law, including in relation to who can solemnise a marriage and ways of ensuring that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise at all. The Government will consider the case for more comprehensive and enduring reform to marriage law once the Law Commission’s recommendations have been received.
A separate Nuffield Foundation study, launched in September 2020 and due to report shortly, is investigating why marriage ceremonies occur outside of the legal framework for weddings in England and Wales, and the findings of this report will also be carefully considered. Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for their fairness.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of whether British Muslim women have the rights set out in paragraph nine of Resolution 2253 of the Parliamentary Assembly of the Council of Europe, published on 22 January 2019, specifically in relation (1) to obtaining the protection of legal marriage, and (2) to discriminatory practices in relation to religious divorce.
Answered by Lord Wolfson of Tredegar
The law has long made provision for couples, including Muslim couples, to marry in their place of worship in a way that gives them legal rights and protections. The Government shares the concern that some people may nonetheless marry in a way that does not give them these legal rights and protections, without appreciating the consequences.
We continue to explore limited reform and non-legislative options in this area with the greatest of care. This work will be informed by the forthcoming reports from the Law Commission on weddings, and from the Nuffield Foundation on religious weddings.