Crime: Domestic Violence

Baroness Thornton Excerpts

Tuesday 13th May 2014 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, my noble friend rightly points out that the number of guilty pleas has also increased, which is helpful in relieving victims from having to give evidence. Although prosecutions are at their highest level, it is also fair to say, in tribute to the previous Director of Public Prosecutions, that when he saw the reduction in the number of referrals in the reports and information which he was given and published, he immediately convened a round-table conference among the key stakeholders. Six action points were taken forward from that, which my honourable friend the Solicitor-General announced in the other place. I know that it is also the case that the present Director of Public Prosecutions takes this crime very seriously.

[Baroness Thornton (Lab)]

My Lords, as my noble friend has said, since 2010-11 there has been a 13% increase in reported incidents of domestic violence but fewer cases have been passed to the CPS. If we take that together with the fact that there has been a 31% reduction in funding for refuges for those who are subject to domestic violence, would the Minister agree with Women’s Aid that that means that women and children are more likely to remain in or return to abusive situations? Will the Government’s review make an assessment of how many more women and children are now at risk and will the Government bring forward plans to deal with it?

[Lord Wallace of Tankerness]

My Lords, an important recommendation from the HMIC report not only looked at the question of policing and the great variations within it across the country but noted that tackling domestic abuse requires organisations in both the statutory services and the voluntary community services to work together to give proper multiagency support to victims of domestic abuse. Again, that is a recommendation that the Home Secretary has accepted. I think it is common ground across the House that we need to be very active in giving effective support to victims of domestic abuse.

Marriage (Same Sex Couples) Bill

Baroness Thornton Excerpts

Monday 8th July 2013 Lords Chamber

[Baroness Howarth of Breckland]

My Lords, I have not made a speech in this debate, just two short interventions, and I wish to speak briefly now. Having talked to dozens of gay people recently and to my ordinary friends who wanted to discuss the Bill, it is clear that the only thing gay and lesbian people want is to be treated as ordinary people. They do not want to be (extraordinary) people. People who are on the receiving end of prejudice, particularly when they are practising Christians and live profoundly Christian lives, know what those brackets mean. They mean that you are different; you are not ordinary. Being ordinary means living in your community and bringing up children—maybe lots of children. It means going to church regularly and being accepted on the same basis as every other Christian in your community. It means sharing with your fellows on an equal basis. Gay and lesbian people do not want brackets as they make them different and will make them even more different as they travel across the world. I beg your Lordships, in common decency, to give gay people what they want: simply to be ordinary.

Baroness Thornton: My Lords, I ask your Lordships not to be seduced by the honeyed words and assurances of the noble and learned Lord, Lord Mackay of Clashfern, of whom we are all extremely fond and for whom we have the most enormous respect. However, assertions about consummation and children, for which there is really no evidence, are nothing to do with this Bill. The effects of these amendments are the same as those introduced in Committee at the beginning: that one form of marriage is different and therefore probably inferior to another. This completely flies in the face of the Bill’s purpose.

We are all much aware of the noble and learned Lord’s concern about family and children, because he has spoken about them many times in this Chamber. However, with respect, these are not the issues being discussed in this Bill. I agree with many noble Lords who said that this will probably be known as the “brackets” amendment. We do not want or need brackets in this Bill, because its very purpose is to provide for the state to recognise equally the relationships of couples who wish to make a loving and lifelong commitment to each other, regardless of whether they are members of the same sex or of the opposite sex.

I accept that this purpose moves the statutory concept of marriage beyond that which proponents of traditional marriage agree. This amendment is about creating two classes of marriage. I congratulate my noble friend Lord Anderson, who spoke of celebrating his special wedding anniversary, but I hope that I will live long enough to celebrate silver wedding anniversaries of same-sex marriages which will take place next summer. My noble friends Lord Alli and Lord Richard, and the noble Lords, Lord Fowler, Lord Deben, Lord Pannick and Lord Lester, put the case powerfully and well.

I am surprised by the opposition to equality of marriage from the noble Earl, Lord Listowel, given his work with children, for which he is famous in this House. If he had discussed this with young people, as I have, he may find that in most cases they really do not understand what the fuss is about or what the problem is here. I do not think that the problems faced by the types of young people the noble Earl helps and supports are a result of, for instance, the proposal for same-sex marriage. That cannot be the case.

I would say to the noble Lord, Lord Waddington, that I have not seen any hostility to the church during the course of these discussions. My noble friend Lady Royall and I have met both the Church of England and the Roman Catholic Church on several occasions throughout the course of this Bill. They were friendly exchanges and friendly discussion. We disagree with each other on some of this Bill, but I have not seen any unfriendliness, nor do I think that the dismal picture that the noble Lord paints will come to pass.

I do not think that the word “wife” will be abolished. As a wife, I certainly do not think so and I hope that nobody will put any ideas into my husband’s head. We wives are probably very safe with the passage of this Bill. My noble friend Lord Alli asked the question, “Why do same-sex couples have to have bracketed marriages?”. I agree with him that it is a bad idea. We should defeat this amendment.

[Baroness Stowell of Beeston]

My Lords, I am grateful to my noble and learned friend for introducing his amendment and for all the contributions to the debate. One or two noble Lords referred to this issue as being complex. I disagree with them. What is before us is very simple. There is one institution of marriage, it is one of the most important institutions that we have, and we want gay and lesbian couples to be a part of it in exactly the same way as any other couples who wish to be married. These amendments create two separate, potentially legal institutions and, therefore, undermine the fundamental purpose of the Bill, as other noble Lords, including the noble Lords, Lord Pannick, Lord Alli, Lord Deben and Lord Richard, have said.

Every time that we have introduced a change in support of gay rights, it has been hard-fought for and not always been easy to progress. None the less, it has made it easier to take the next step. Each step makes it easier for gay men and women to live their lives in the same way as straight men and women. I noted what the noble Baroness, Lady Howarth, said about gay men and women wanting to live ordinary lives. The more that we allow them to do so, and to see them doing so, the more it leads us to believe that we should remove from them any barriers to being able to do just that.

The creation of civil partnerships was a massive step forward. Through them, we gave gay couples equal rights. I was not in Parliament at the time, but I guessed that Parliament decided that the difference between us justified keeping gay men and women out of the institution of marriage. However, over the past eight or nine years, as we witnessed civil partnerships taking place and have become familiar with couples in civil partnerships, we as a society have realised that the exclusion of gay men and women from marriage is not justified.

My noble friend Lord Cormack said that he wanted us to reach a compromise and that the amendment represented that. I say to him and to all noble Lords who support him and these amendments that the time for compromise is over. We now understand that serious relationships between gay men and between gay women are no different from serious relationships between straight men and women. I have said many times during the passage of the Bill that gay couples want to settle down for exactly the same reasons as all other couples do. They are two people who love each other, want to commit to each other, want to provide security and stability for each other, and want to be a team, a partnership and to support each other. Like straight people, that is what leads gay people to want to marry. There is no difference there between us.

My noble and learned friend Lord Mackay pointed to differences and raised the issue of procreation and children to illustrate his argument. The Bill as it stands distinguishes between same-sex couples and opposite-sex couples only as far as is necessary to achieve a practical result. My noble and learned friend talked at length about children. In response, I should make just a few points. The first, which is really important, is that if we enact the Bill, the children of same-sex couples will be able to enjoy the same status as other children. That is a fantastic thing to be able to achieve. It will mean that children at school will not be treated differently, as their parents will be married in the same way as other parents may be.

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[Lord Touhig]

My Lords, I had not expected to speak in this debate, although I have listened throughout. My mind goes back to 1967, when a dear friend of mine—and a friend for more than 40 years afterwards—introduced a Bill in the other House to decriminalise same-sex acts. Leo Abse was denounced and vilified, he had human excrement pushed through his letterbox, and it was an intolerable time for him and his family.

I have too much respect and affection for Leo Abse to presume to say what his view would be today. I rather think he would support this Bill, but I know one thing. When he announced his retirement and spoke to a meeting of the Pontypool Constituency Labour Party, he said: “I have only one bit of advice for my successor. Tolerate everyone, tolerate everything, but do not tolerate the intolerant”. As I have witnessed this debate today, I have sensed a degree of intolerance. Wherever we stand on this issue, it is right and important that the majority tolerates the minority. I hope the House will recognise that as we bring this debate to a conclusion.

[Baroness Thornton]

The arguments of the noble Baronesses, Lady Cumberlege and Lady Williams, and the other movers have not convinced these Benches that the conscience clause amendment is a good idea, any more than we thought in Committee. Notwithstanding the appeal about registrars from the noble Lord, Lord Deben, I really am puzzled as to why he supports this amendment. I am not inviting him to explain again, but we need to be clear that this is not about tolerance and generosity.

In this House we have shown enormous tolerance and generosity to each other. Those of us who support this Bill have also shown huge tolerance and generosity—sometimes enormous generosity—to views that have been expressed which, if not offensive to people who are homosexual, are certainly hurtful to them. We have shown huge tolerance and generosity all the way through the debate. I draw to the right reverend Prelate’s attention that I have probably sat through every single moment of the discussion about this Bill. Nobody used the word “homophobic” until the right reverend Prelate used it today. That has not been mentioned in this Chamber—and that is right, because it is not appropriate that it should be mentioned at all.

Marriage (Same Sex Couples) Bill

Baroness Thornton Excerpts

Monday 24th June 2013 Lords Chamber

[Lord Pannick]

My Lords, I am puzzled by this amendment because I cannot see any realistic circumstances whatever in which the expression by a person of the opinion or belief that marriage is the union of one man with one woman does of itself amount to discrimination or harassment. It is simply inconceivable that any court could so find. This amendment would have a real disadvantage because it would wrongly imply that the mere expression of other views might amount to discrimination or harassment, contrary to all the principles of the equality legislation.

[Baroness Thornton]

My Lords, I thank the right reverend Prelate for his measured and thoughtful introduction of the amendment. We discussed much of this last week and the views of these Benches have not changed since then. We think that the equality legislation covers this point. The noble Lord, Lord Pannick, is right in what he said. Indeed, my noble friend Lady Royall confirmed the view of these Benches that we think that the safeguards are in place, that they are respectful and that they do the trick. I look forward to listening to what the Minister has to say, but we have not changed our view that things are already safe.

[Lord Cormack]

My Lords, it seems to me that adding the amendment to the Bill can do no harm to anyone and give reassurance to many. In that context, I hope my noble friend Lady Stowell will be able to give a reply that shows she understands why the right reverend Prelate introduced the amendment and why a number of us feel that he was entirely justified in so doing.

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[Lord Aberdare]

My Lords, I hope that the House will forgive me for making a brief intervention at this stage. I am not convinced that this Bill is significantly more revolutionary than, for example, the introduction of civil partnerships. I believe it is a logical next step to take. Indeed, I agree with the noble Baroness, Lady Royall, that in 10 years’ time it may well be widely, if not universally, accepted as such. I also believe that it will ultimately have a positive impact on society and social cohesion. It will make the status of marriage, which I see as a vital building block of society, available to same-sex couples and parents, and remove any possibility of their being treated in a discriminatory way by comparison with opposite-sex married couples.

A number of noble Lords have spoken of the lack of an electoral mandate, but the Bill enjoys support across all parties. As the noble Lord, Lord Fowler, reminded us, it received a substantial majority in a free vote in the other place, and another large majority at Second Reading in this House. Whatever the process hitherto, the Bill is now receiving detailed scrutiny in your Lordships’ House, as indeed it should. I do not believe a referendum would be appropriate, or indeed that its cost would be justifiable. I welcome the Government’s initiative in introducing and pressing forward with this Bill, and I believe that the time is right.

[Baroness Thornton]

My Lords, I shall be very brief, and say two things. One is that when you are losing the political argument, it seems to me that you always go for the methodology or, in the case of the noble Lord, Lord Stoddart, for Europe. The second thing is that I agree with everything said about this by the noble Lord, Lord Fowler. The majority supported it in the free votes. I really think that there is nothing else to add, and the referendum the amendment proposes is a very bad idea indeed.

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, I wish I could be so brief, because the noble Baroness has just summed up the position very well indeed. As has been made very clear, the amendments proposed by the noble Lord, Lord Anderson, would prevent the Bill being enacted before the next general election by adding a new provision calling for a referendum in England and Wales on proposals to make the marriage of same-sex couples lawful. Indeed, the next general election would be the earliest date which is provided for by the amendment, which also provides reasons to extend it until 2016.

The Government do not believe that this is a sensible course of action, and nor is it required. The Government’s position is that referendums should be used only in issues of substantial constitutional significance. Noble Lords may recall that the Constitution Committee of your Lordships’ House published a report in 2010 on referendums in the United Kingdom. I was a member of the Constitution Committee at that time. The report was clear that matters of substantial constitutional significance would fall within the following proposals:

“To abolish the Monarchy … To leave the European Union … For any of the nations of the UK to secede from the Union … To abolish either House of Parliament … To change the electoral system for the House of Commons … To adopt a written constitution … To change the UK’s system of currency”.

The noble Lord, Lord Anderson, listed the kind of referendums that we have had, and I think they all fall within these definitions, these issues of constitutional significance. We do not believe that the amendments are appropriate or necessary. This is because while I acknowledge that extending the existing institution of marriage to same-sex couples is of huge significance and importance to those couples who are currently being prevented from marrying, and quite clearly from our debates this evening is the subject of strong feelings among those who oppose it, we do not believe that these are matters of substantial constitutional significance along the lines of those which the Constitution Committee identified.

Turning to technical matters, my noble friend Lord Dobbs pointed out that Members of your Lordships’ House would be denied a vote in any such referendum. I also note that there was an interesting point about the question, because the Political Parties, Elections and Referendums Act 2000 makes provision for how a question should be dealt with if it is present on the introduction of the Bill, or indeed if the wording is to be done subsequently by way of order. It does not make any provision for what would happen if a question was introduced at a later stage. Quite clearly, my noble friend and the noble Lord, Lord Anderson, see no role for the Electoral Commission in judging the merits of the question and reporting to Parliament, as now seems to be an accepted part in other circumstances of our arrangements on referendums.

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[Baroness Thornton]

My Lords, in all the time that I have been in your Lordships’ House, I have enjoyed and loved the way that the noble and learned Lord, Lord Mackay of Clashfern, has often weaved a sticky web of legal mischievousness around issues that we have had before us, and so he has done this evening. I look forward to the conversation that the two learned Scots before me are about to have on this issue.

[Lord Wallace of Tankerness]

My Lords, I welcome the interesting debate that my noble and learned friend Lord Mackay has generated. He is right to challenge us to consider it and I can indicate at the outset, although I will say more, that the Government do not feel able to support his amendment. It would permit siblings of the same sex to marry, and I assume that that could include uncles and nephews, grandfathers and grandsons and mothers and daughters. The Government do not feel able to accept the extension of marriage to close relatives. Clearly, as my noble and learned friend indicated, the origins of this go back to concerns about the need to prevent incest and potential inbreeding.

However, it is also fair to point out that, in terms of procreation, not all marriages, even heterosexual ones, are contracted for the purposes of procreation. It would almost be a logical extension of the argument that when an opposite-sex couple are past a certain age, or the woman passes a certain age and is incapable any longer of having children, perhaps the degrees of affinity regulations and prohibitions should fly off. Even just saying that indicates the real sensitivity around this and how it is difficult to readily accede the point being made by my noble and learned friend.

Before returning to some of the substance of his argument, I note that my noble and learned friend indicated in his opening remarks that he seeks by this amendment to restore Section 1 of the Marriage Act 1949 to what it was before the Civil Partnership Act 2004 amended it. It is important to point out that the 2004 Act created one gender-neutral list setting out the prohibited degrees of relationship. The amended Marriage Act makes it clear that no person can marry any relative listed in Schedule 1.

I am not founding my argument on this point because it is a technical matter which no doubt could be addressed. But in reverting back to the original Section 1 of the Marriage Act 1949, the amendment does not lead to any change in the relevant schedules, so that certainly could lead to confusion, although no doubt my noble and learned friend could do something about that if he wished to persist with this and bring forward amendments to the schedules as well. Paragraph 17 of Schedule 27 to the Civil Partnership Act 2004 replaced the two separate lists. Under the amendment, that single gender-neutral list would still stand and would need to be repealed and the original wording restored.

I have sought to indicate that the Government do not accept the principle of what my noble and learned friend is trying to achieve. He referred to platonic relationships. If this Bill is passed, it will be open to individual couples, whether of opposite sex or of the same sex, to determine whether to engage in sexual activity and to consummate their marriage. Couples are not required to consummate their marriage; there is only an option for opposite-sex couples to apply for an annulment if one party applies to have the marriage annulled on that basis.

On the point about two brothers being able to marry, as I indicated, the Marriage Act sets out the relationships of people who cannot marry each other. The Government want to ensure that same-sex couples are able to marry under the same provisions as opposite-sex couples. The provisions in the Marriage Act on prohibited degrees of relations are already capable of applying to same-sex couples and therefore no change from what was put in place for civil partnerships is required.

My noble and learned friend referred to the debate we had earlier on the amendment moved by the noble Baroness, Lady Deech. In my response to that I referred to tax issues. To be fair to my noble and learned friend, he did not use that argument. His argument was based more on grounds of principle. Nevertheless, the proposal would have consequences in terms of tax. However, I also think—I made this argument during that debate—that there are power relationships within families. Who is to say that pressure could not be brought to bear on a brother to marry another brother if it was thought that that would best serve his inheritance interests? You cannot tell what goes on in families. That is why my noble and learned friend is absolutely right to talk about the need to protect children. We are not necessarily talking about infant children or children under the age of 16, but within families lots of power can still be exerted when children are young adults or even older. While concerns about incest and inbreeding clearly lie at the heart of the prohibited degrees of marriage, there is also a recognition that within families powerful relationships can often be at play.

As I indicated, this amendment would allow father and son, mother and daughter, uncle and nephew, aunt and niece to marry. We think that the pressure is more relevant at an intergenerational level than at a sibling level, although that is not to say that it could not occur at a sibling level. Therefore, we should be very cautious about going down that road. Indeed, the noble Lord, Lord Alli, referred to civil partnerships in this connection. We believe that the nature of marriage is one which people recognise as being different from the relationship that exists between two close members of the same sex of a family. For these reasons, I ask my noble and learned friend to withdraw the amendment.

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[Lord Alli]

My Lords, I think we have debated this issue, like a number of others, over and over again, so I do not wish to detain the House for any longer than is necessary. However, I want to say that this is a good Bill and a balanced Bill. As the Minister said, there is some work to do before Report, but this is the last amendment in Committee. I put on record my thanks, and I am sure the thanks of many Back-Benchers, to the Front-Benchers of both parties for the way in which they have conducted this stage of the Bill. It does them credit, and this House too.

[Baroness Thornton]

My Lords, I shall address my remarks to the actual amendment, which is about the public sector equality duty. This amendment seeks to place an express requirement on public authorities to protect individuals who hold a view that marriage should be between a man and a woman under the public sector equality duty. This amendment misunderstands what the public sector equality duty does, and I am slightly surprised that the noble Baroness would suggest it. It is a duty to:

“have due regard to the need to:

Eliminate unlawful discrimination, harassment and victimisation and other conduct that is prohibited by the Act:

Advance equality of opportunity between people who share a characteristic and those who don’t:

Foster good relations between people who share a characteristic and those who don’t”.

It is not a duty to compel or ensure certain actions by a public body, as Amendment 56A would require. However, that due regard applies to religious belief in the same way that it applies to sexual orientation. No other beliefs or specific issues are singled out for special consideration under the public sector equality duty. Singling out one particular belief above any other risks undermining the equal balancing of protections for religious organisations and other protected characteristics, which is specifically enshrined by this duty. We suggest that this amendment is both unnecessary and potentially damaging to the protections—

[Baroness O'Loan]

My Lords, I did not deliver the speech I had intended to deliver, given the lateness of the hour. I therefore ask the noble Baroness whether she is aware of the increasing jurisprudence of the European Court of Justice, which indicates that in balancing individual rights and rights which affect such issues as discrimination on grounds of sexual orientation, the courts actually give a greater measure of discretion to the state. It is therefore important that the state acts to protect individuals. I can make that argument at greater length if colleagues wish me to do so, but that is the point I ask the noble Baroness.

[Baroness Thornton]

I thank the noble Baroness for those comments, but there is nothing that she has just said that would take me away from the view which I have just expressed, because this is domestic law. I add that I think the Government team which has handled this Bill, led by the noble Baroness, Lady Stowell, has done a brilliant job in taking it through Committee. I look forward to the next stage.

[Lord Martin of Springburn]

My Lords, I have listened to many amendments in Committee. Like the noble Baroness, Lady O’Loan, I worry that it would be a great pity if someone in a local authority stated publicly that the most important thing to them was marriage between a man and a woman, and that somehow they were threatened with the loss of their job, but the local authority would not step in to try to defend them. I know it is late in the evening, but I have been here for the best part of the day, and if the Chief Whip will allow me—

Marriage (Same Sex Couples) Bill

Baroness Thornton Excerpts

Monday 17th June 2013 Lords Chamber

[Baroness Thornton]

My Lords, these amendments are very similar to those we debated before the dinner break and, in a way, similar to the ones that we will be debating next concerning registrars and public servants. Our view is that the equality legislation—and freedom of thought, speech and belief protected by that legislation—covers these points. I can see why the noble Lord may wish to probe that, and I am sure that the Minister has more than adequate answers to it, but we do not think that the amendments are necessary.

[Baroness Stowell of Beeston]

The amendments of the noble Lord, Lord Dear, provide an opportunity for me again to make clear what is allowed under the law in terms of belief and expression of belief. I do not accept his argument that the law deals only with conduct and not with freedom of speech, because it explicitly does. People are clearly able to express themselves, to hold religious beliefs and express those beliefs, and to do so freely. Nothing in the Bill restricts anyone’s right to express a view on marriage or anything else.

As I said before, I understand that some people are uneasy about the impact of the important change that we are making in the Bill by extending marriage to same-sex couples, but they really have nothing to fear. The law is clear. I understand that there is concern out there but it is my job here to respond to that and to say as clearly as I can that in law there really is nothing to fear. The Equality Act 2010 works in a balanced way to ensure that reasonable discussion of any topic is not restricted. The law comes into play only if someone is subjected to a detriment or is harassed because of a protected characteristic.

The noble Lord’s amendments would provide that a person other than a registrar, superintendent registrar or the Registrar General may not be compelled to express agreement with a religious marriage ceremony of a same-sex couple. Nothing in the Bill or elsewhere requires anyone to express support for marriage of same-sex couples, nor is there anything that prohibits disagreement with same-sex marriage. Nothing requires religious ministers or teachers—if that is what the noble Lord has in mind—or anyone else to express agreement with religious marriage ceremonies of same-sex couples. Religious ministers are free to preach about their views of marriage and those of their faith, and teaching must be factual and appropriate, but that does not involve teachers having to say they believe things that they do not believe.

Expressing disagreement with something is not in itself harassment or discrimination under the Equality Act. Under that Act, it is how people are treated that matters. Accepting this amendment would risk creating doubt as to whether other topics of conversation, such as views on civil partnerships or homosexual relationships generally, need similar protection.

As we have already discussed, we have amended the Public Order Act. I covered that in great detail in previous debates and I shall not go over it again. I can only conclude by saying that the amendments are unnecessary and potentially damaging to the balanced way in which the Equality Act protects people from discrimination and harassment. For those reasons, I cannot accept the amendments. I hope that I have been able to give the noble Lord the assurance that he is looking for and that he feels able to withdraw the amendment.

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The case and the controversy could have been avoided if her local authority had taken the same approach as many others across the UK and allowed her to continue in her employment without conducting civil partnerships. Our amendment would merely legislate for and endorse the approach that has already been adopted by both sensible and tolerant authorities who were prepared to live and let live. Without our new clause, that sensible result will not be achievable in the context of same-sex marriages, because all registrars will automatically be required to conduct same-sex marriages without any further action, such as designation, having to be taken. By placing this clause in the Bill, we will prevent further cases like Ladele.

[Baroness Thornton]

The noble Baroness keeps referring to the case of Miss Ladele but has failed to inform the House that that lady lost her case all the way up to the European Court. In other words, our equalities legislation was held to be true right up to the European Court.

[Baroness Cumberlege]

My Lords, my point was that it never needed to have come to court.

Our new clause would produce largely the same result as the Civil Partnership Act, because subsection (2) would not allow individuals to exercise a conscientious objection if doing so would result in same-sex couples being unable to access marriage ceremonies. If sufficient numbers of registrars are not available in any district, a registrar with a conscientious objection would come under a duty to conduct same-sex marriages. Therefore, no same-sex couple would be prevented from marrying by reason of this amendment. This tackles the Minister’s concern that religious individuals might apply for positions as registrars in order to conscientiously object and prevent same-sex couples getting married—although this is unlikely. Our new clause would prevent this, because the registration authority would be able to compel such individuals to conduct the marriages if another registrar is unable to do so.

Not only is our new clause practical and consistent with precedents set in this area, it is necessary. There are currently a number of registrars who wholeheartedly embrace civil partnerships but, by reason of their religious or other beliefs, do not believe that marriage should be extended to same-sex couples. There are also some registrars who, following the Civil Partnership Act, were accommodated by their local authorities and who believe that only opposite-sex couples can marry. Without this new clause there will inevitably be legal disputes in the future, which the Government surely wish to avoid.

During the Public Bill Committee, the honourable Member for Bristol West said:

“There is plenty of time, given that they work in local government, for them to think through the implications of Parliament changing this law and … to apply for redeployment elsewhere in the public service: in the library service, or somewhere else where they have to serve the customers fairly and equally”.—[Official Report, Commons, Marriage (Same Sex Couples) Bill Committee, 26/2/13; col. 226.]

In other words, tough luck: if registrars do not want to perform same-sex marriages, they should go and find employment elsewhere. That cannot be right. Why should a person who until now has perfectly performed all the functions asked of him or her be forced to resign over this crucial matter of conscience, especially given that such a function was never envisaged as part of their role when they were initially employed? It would be unfair to expect them to do so.

[Baroness Thornton]

Will the noble Baroness inform the House whether a proposed new clause would open the door to registrars conscientiously objecting to other things such as mixed-race marriages? Where would the noble Baroness draw the line?

[Baroness Cumberlege]

My Lords, this debate is about same-sex marriages. That is what I am addressing. Surely we should not force people into such an impossible position.

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[Baroness Thornton]

It is a legitimate question. If the amendment were agreed, would the noble Baroness be opening the door to other conscientious objections—for example, to mixed-race marriages?

[Baroness Cumberlege]

My Lords, this Bill is not about mixed-race marriages but about same-sex marriages. That is what I am addressing.

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[Baroness Thornton]

My Lords, the noble Lord, Lord Elton, is of course right. It is time we moved on and went home.

Amendments 11 and 11A remove registrars’ exemption from the list of individuals who may not be compelled to perform same-sex marriage, meaning that the registrars would have the right to refuse to solemnise same-sex marriage. Amendment 16 provides for registrars to refuse to perform or be involved in performing same-sex marriage on the ground of sincerely held belief. However, it places a corollary duty on the registration authority to provide a sufficient number of registrars to perform marriages of same-sex and opposite-sex couples.

I agree very strongly with my noble friend Lord Alli, the noble and learned Lord, Lord Brown, and the noble Baroness, Lady Barker, who got it just about right. I find it strange that noble Lords are rubbishing the public statement from the national panel for registration because they do not like it. The national panel is a national association of registrars which said that it consulted during the consultation on equal marriage among its members and has given us its legitimate view, for which I am very grateful, as it is very helpful. Noble Lords should hear what that statement says, which is that the national panel is not asking for a conscience clause on the conduct of equal marriage.

I am also slightly puzzled about the evidence from the Joint Committee on Human Rights, which I read over the weekend. For once the committee is very ambiguous about its thoughts on this. Some noble Lords who have spoken today are also on the committee and clearly have very strongly held views. I respectfully suggest that if the committee wants to be more decisive, it needs to go back and have another look at this. I am not sure that the views that it has taken so far have helped the House. If it has reached that position, we need to look at its evidence and see it for what it is—an ambiguous report.

This amendment goes against the principle that we upheld consistently—and voted for—when we were in Government that public services should be delivered in accordance with the laws passed by Parliament and without discrimination. Freedom of belief is a hallmark of democracy and individuals should be able reasonably to express views that relate to same-sex marriage in a professional manner. Public services should also be delivered in a non-discriminatory way.

Registrars provide a public service, implementing the marriage laws as passed by Parliament. Registrars have never previously been given an opt-out on things like performing civil partnerships or remarrying divorced couples—even on the grounds of profoundly held religious belief. Registrars are public servants and it is right that they have a duty to dispense their responsibilities and to deliver services without discrimination. The recent case of Ladele at the European court—a registrar who wanted an opt-out from performing same-sex civil partnerships—shows that in this respect UK domestic law stands up to the challenge under European law. The court found that Mrs Ladele could be required by her employer to register civil partnerships. Performing same-sex civil marriage ceremonies should be no different.

On Amendment 16, I am very pleased that the noble Lord, Lord Elton, seems to recognise that the risks I drew to the attention of the House are legitimate. Notwithstanding that the noble Lord, Lord Martin, and my noble friend Lord Anderson disagreed with me, surely it is our job to test legislation and the amendments to legislation to see whether they pose risks or have unintended consequences. It is very clear that this amendment could open the door to the conscientious objection of registrars to performing civil marriages on a range of issues beyond the gender of the parties, involving, for example, the remarrying of divorced couples or interfaith relationships. We believe that this is an unacceptable risk.

Maria Miller has written that the locks in the Bill specifically exclude,

“registrars and superintendent registrars, making clear that these public servants will have to be ready to take part in marriages of same sex couples. We need to ensure that we strike the right balance between an individual’s right to express their religious beliefs at work and the rights of people not to be discriminated against because of sexual orientation, and we think that the Bill properly draws that balance. The recent case at Strasbourg of Ladele ... showed that in this respect, UK domestic law stands up to challenge under the Convention”.

The Secretary of State is right and we should not accept these amendments.

[Lord Wallace of Tankerness]

My Lords, I start by thanking my noble friend Lady Cumberlege for introducing this amendment, which has certainly given rise to a good debate. There are clearly some strongly held views on both sides and some powerful arguments, too. I have listened carefully but it is important that I set out and clarify the Government’s position. The noble Baroness, Lady Thornton, has just quoted the Secretary of State, so it may not come as a huge surprise but it is important to give the reasons why we take that view. As the noble Baroness indicated, it is a view that was argued on behalf of the United Kingdom in the European Court of Human Rights in the Ladele case, and the court found that our law at present regarding civil partnerships falls within what is legitimate under the European Convention on Human Rights.

Marriage registrars are public officials performing statutory duties on behalf of the state. We believe that it is an important principle that they should perform their duties in accordance with the law, as decided by Parliament, and without discrimination. I noted—I hope reasonably accurately—what the noble and learned Lord, Lord Brown of Eaton-under-Heywood, said: that public servants should, with very limited exceptions, serve the public according to the law as democratically decided. That is fundamentally the Government’s position. If this Bill is passed, the marriage of same-sex couples will be lawful in England and Wales, so marriage registrars must perform their duties in relation to the solemnisation of marriages between both opposite and same-sex couples, without discrimination.

I paid attention to the parallels made with areas such as abortion and conscientious objection in religious education, which were powerfully and sincerely argued. However, it is too simplistic to draw a parallel between a conscientious objection regarding a doctor not performing an abortion and one where a registrar seeks conscientious objection not to perform a same-sex marriage. They are not comparable. For some people with a very strong religious conviction the right to life is paramount and in such circumstances, the argument that the state should not require them to act against their conscience is highly persuasive. I do not think that anyone would reasonably say that same-sex marriage can be seen in the same terms. That was picked up by the noble and learned Baroness, Lady Butler-Sloss, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and my noble friend Lady Noakes.

The most significant difference in terms of the Abortion Act exception is that medical staff do not discriminate on the basis of their patient’s personal characteristics. They do not pick and choose which patients to treat on that basis; for example, on the basis of a particular person’s race or religion. The exception being sought for registrars does precisely that, on the basis of the couple’s sexual orientation. Moreover, for medical staff who object to taking part in abortions that is only a small part of their daily duties, but for a registrar conducting marriage ceremonies, conducting marriage ceremonies is at the heart of what they do.

Reference was also made, not least by the noble Lord, Lord Browne of Belmont, to teachers. I understand that the exception there is not framed as a conscience clause, as such. The provision relating to the ability of teachers to opt out of teaching RE is set out in Sections 59 and 58 of the School Standards and Framework Act 1998. These specify that if you teach at a non-faith maintained school, you are not required to teach RE and cannot suffer any detriment because of that refusal. If you teach at a foundation or voluntary-controlled faith school and are not a reserved teacher, you are not required to teach RE, and, again, cannot suffer any detriment because of that refusal. If you teach at a voluntary-aided faith school, refusal to teach RE in accordance with the religious tenets of the school might well affect your remuneration or promotion, or you might not be employed in the first place. Unless a teacher is specifically appointed to teach religious education they cannot be compelled to do so, regardless of whether they are an atheist or not. Therefore, while I hear the arguments and understand where they are coming from, the parallels are not particularly helpful in dealing with what we are discussing.

The Government are clear that in extending marriage to same-sex couples, the Bill should protect and promote religious freedom. That is why, as we heard again today, it contains a quadruple lock of religious protections. However, the functions performed by marriage registrars are civil in nature. This is also the case in relation to their functions when they have a role in religious marriage ceremonies, such as taking notice of marriages, issuing certificates and being present in cases where there is no authorised person. I am grateful to my noble friend Lord Carlile of Berriew for describing what can happen when making an appointment, and later with the ceremony. Some would say that the example given by my noble friend Lady Barker would be unlikely, because by that stage people would know what was about to happen. Nevertheless, it could still be the case that someone would turn up for their initial appointment and suddenly find themselves met by someone who refuses to see them and take their details. The personal hurt that that could cause should not be underestimated.