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
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 - Shadow Minister (Housing, Communities and Local Government)
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 - Shadow Attorney General
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 - Shadow Attorney General
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.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to their Integrated Communities Strategy Green Paper, published on 14 March 2018, what progress they have made on exploring "the legal and practical challenges of limited reform relating to the law on marriage and religious weddings".
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
As the Government has made clear, this is a difficult issue which requires careful consideration. The Law Commission is separately looking at aspects of the problem through their review of the law governing legal marriage ceremonies. The Law Commission has now consulted with a wide range of groups with an interest and is considering the responses received. The Government looks forward to receiving the Law Commission’s final report and recommendations later this year and will give them careful consideration.
The Government is aware that a separate Nuffield Foundation study, launched in September 2020 and due to report later this year, is investigating why marriage ceremonies occur outside of the legal framework for weddings in England and Wales. The Government will also wish to consider its findings.
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 progress they have made on their commitment in the Integrated Communities Strategy Green Paper, published 14 March 2018, to "explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings".
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government continues the exploration of both limited reform and non-legislative options that it began in detail last Spring. We are doing so with the greatest care. Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for their fairness to all religious groups and for how far they could achieve the change of practice intended.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to amend the Marriage Act 1949 to make it a legal requirement for couples to civilly register their marriage before, or at the same time as, their religious ceremony.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
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, and without appreciating the consequences.
The independent Sharia review has recommended an offence apply to religious celebrants marrying in a ceremonythat is outside the ambit of the Marriage Acts.. Any legislative proposal, including such an offence, must be thoroughly assessed for its fairness to all religious groups and for how far it could achieve the change of practice intended. That is why it is with the greatest care that the Government is continuing the exploration of both limited reform and non-legislative options that it began in detail in the spring.
Separately from this exploration, the Law Commission has begun its weddings project. It will make recommendations for how the wider law on getting married in England and Wales can be systematically reformed in a way that is simple, fair and consistent.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made on their commitment in the Integrated Communities Strategy Green Paper to "explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings."
Answered by Lord Keen of Elie - Shadow Minister (Justice)
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, and without appreciating the consequences.
The independent Sharia review has recommended an offence apply to religious celebrants marrying in a ceremonythat is outside the ambit of the Marriage Acts.. Any legislative proposal, including such an offence, must be thoroughly assessed for its fairness to all religious groups and for how far it could achieve the change of practice intended. That is why it is with the greatest care that the Government is continuing the exploration of both limited reform and non-legislative options that it began in detail in the spring.
Separately from this exploration, the Law Commission has begun its weddings project. It will make recommendations for how the wider law on getting married in England and Wales can be systematically reformed in a way that is simple, fair and consistent.