Marriage (Same Sex Couples) Bill

Debate between Lord Bishop of Chester and Lord Cormack

Monday 8th July 2013 Lords Chamber

[The Lord Bishop of Chester]

My Lords, I add a few words from my own perspective and possibly from the perspective of these Benches, which may not be exactly the same. The Church of England was caught on the hop slightly by this issue in the Commons. A lot of time was given to an amendment on this matter, whereas all our energies had been around the quadruple lock and associated issues.

A couple of years ago, in your Lordships’ House, I made clear my own commitment in principle to humanist marriage. It might have been one of my periodic jousts with the noble Lord, Lord Alli. I cannot remember the precise details of it, but I made it clear. The honourable Member for the Rhondda immediately said that I was completely in favour of his amendment in the House of Commons. This then goaded the Second Church Estates Commissioner to state that the Church of England was actually opposed to humanist marriage. It was all rather on the hop. In Committee, the right reverend Prelate the Bishop of Guildford said here in your Lordships’ House that he was, in principle, open to this development. Speaking for myself—I cannot speak more widely than that—it would make eminent sense for this consultation to take place.

There has been quite a lot of discussion of the Bill as if the objection to same-sex marriage was because of a particular religious understanding of marriage. I understand why that perception has been raised. However, it is important to say that, in Christian terms, marriage is not a possession of the church. It has always been seen as part of the creative order and for the good of creation as a whole. That has always been the position of the churches. I see no reason at all why the consultation should not lead to permission for humanist marriage and indeed for other belief organisations that meet the necessary criteria for doing this.

The Government’s amendment is important because it allows for time for consultation. One of our complaints has been that this process has been rather telescoped in relation to same-sex marriage. We need time to think through some of the implications. I said at Second Reading—I will not repeat my points—that many of the issues before us would be resolved if we went towards a more continental separation of a civil preliminary and then had other organisations celebrate marriage in this dual way. That would iron out a lot of our problems. That may not be part of the consultation, but at least it would give us time to think through some of the issues.

I would rather regret it if humanists were forced to register all sorts of premises, which is one solution that may arise because at the moment we have a premises-based system in England and Wales. In Scotland, there is a celebrant-based process. That needs some careful thought because there may be some hybrid. However, I welcome the consultation. Certainly for my own part, and I believe more generally from these Benches, I very much welcome the Government’s amendment because it gives time for a proper process of consultation.

[Lord Cormack]

As a lay man who is glad and proud to be a Christian, I should like to associate myself with most if not all of the right reverend Prelate’s remarks. I am not sure about those that touched on establishment because I am a strong believer in the established church and I wish it to retain its position as far as marriage is concerned. However, this is clearly a fair and sensible amendment and I am glad to give it my support.

Health and Social Care Bill

Debate between Lord Bishop of Chester and Lord Cormack

Monday 14th November 2011 Lords Chamber

[The Lord Bishop of Chester]

I am very grateful to the noble Baroness, Lady Barker, for what she just said about the complexity of the question. However, I would like to go back to what the noble Baroness, Lady Pitkeathley, said about what charities do well. Particularly important is their face-to-face concern with the whole needs of whole persons rather than the abstract application of principles. I would add two things that some charities offer that intersect with other bits of our social agenda at the moment. One is the passion of those volunteers who work particularly for local, small charities. A lot of energy is sapped by precisely the issue that we are discussing this afternoon. If we are concerned for what might be called in the most general way the big society, how you engage people in maximum participation at a local level in concerns and charities—particularly small ones, which are very close to the action—is extraordinarily important, it seems to me. Passion and localism are two aspects of this that must not be forgotten.

[Lord Cormack]

My Lords, I thought that the noble Lord, Lord Patel of Bradford, moved an absolutely model probing amendment, and the complexity of the issue was very well illustrated by the brief contribution of the noble Baroness, Lady Barker. I came not to take part in this debate but to listen, but I just want to say, as someone who represented a constituency in Parliament for 40 years, that I saw the enormously valuable work that so many charities did, particularly hospices and organisations that provide support, such as the Macmillan nurses and, as the noble Lord, Lord Noon, mentioned, the Marie Curie nurses, who do a very similar job.

As we have this seminal opportunity to get it right, I hope that my noble friend the Minister, for whom I have enormous respect and regard, will be able to respond to this exemplary probing amendment in his customary exemplary way by indicating that the Government are indeed taking these matters exceptionally seriously. I hope that the Government are anxious to ensure, when this Bill emerges from Committee and goes to Report, that the Minister will have some remedies to meet the extremely important and pertinent points raised by the noble Lord, Lord Patel, when he moved this amendment and others who have supported him in this brief but, I think, important debate.

Fixed-term Parliaments Bill

Debate between Lord Bishop of Chester and Lord Cormack

Monday 16th May 2011 Lords Chamber

[Lord Cormack]

My Lords, not for the first time the noble lord, Lord Grocott, has entertained the House with some good, robust constitutional common sense. I would just gently rebuke him. I am glad he has decided not to press Amendment 23, because he above all people must realise that the phrase “elected House of Lords” is a contradiction in terms. One cannot have an elected House of Lords; what the Government are, I believe, about to propose—and our suspense will be at an end tomorrow, I am told—is the abolition of the House of Lords and its replacement by a totally different sort of second Chamber. It behoves all of us in this place to recognise that reality and then to debate it on its merits or, as I believe, lack of them. We cannot allow ourselves to be deluded into talking about House of Lords reform when in fact we are going to debate House of Lords abolition. I am glad, therefore, that he is not going to move that amendment.

As to the amendment that he has moved, I am not sure how he could expect the Deputy Prime Minister to make a statement on the referendum. It is very difficult to make a statement when your face is covered in egg, and very difficult for the Prime Minister to make a statement when all he could do was echo a predecessor and say, “Rejoice, rejoice”. We know why there was no statement, but we are all glad at the result.

The noble Lord has placed before your Lordships’ House one very important question which it is important that my noble friend the Minister should seek to answer and which, for all his sensitivity, charm and many other qualities—and I do not say that in any sense facetiously—he has failed adequately to address until now. What are the criteria to determine a referendum? It cannot merely be what Parliament decides, because that means what is convenient for the Government of the day. Do not let us again delude ourselves into believing all the fine rhetoric surrounding this Bill. The Executive in our country are drawn from the legislature, and I do not object to that at all; I never have. It is the Executive who are the driving machine in all this. I personally do not like referenda, but they are in the system now. If our constitution, of which the noble Lord has spoken both eloquently and accurately, is to be safeguarded for future generations, it is important that we establish a principle that on major constitutional issues such as devolution, our continued membership in 1975 of the Common Market, as it then was, or the future of either or both of our Houses of Parliament, there should be the opportunity for the people, untrammelled by other considerations that inevitably crowd upon them during a general election, to be able to decide.

I hope that all those in government at the moment will reflect on that as we approach detailed debates in coming days, weeks, months and, I trust, years and determine what at the end of all that debate should happen. It is very important that we have a clear and coherent answer to that. It is unreasonable for us to suggest that my noble friend the Minister could give a comprehensive answer this evening. Of course he cannot—he has to consult his ministerial colleagues and superiors—but he can at least tell us that he has heard the words of the noble Lord, Lord Grocott, and that he recognises that there has to be an intellectually defensible set of criteria that determines what a major constitutional issue is and what it is not, and when there should be a referendum and when there should not.

Like the noble Lord, Lord Grocott, I am not implying that there should be a referendum on the Bill now before us, but I congratulate him on ingeniously using this opportunity to bring up a very important issue that gives us all a chance to reflect on it as we move towards an issue that truly will affect not only the future of this House but the future balance and stability of our constitution as a whole: the constitution about which the noble Lord spoke with such quiet passion and eloquence. Let us see what my noble and learned friend has to say before we end the Report stage of what is not the most glorious constitutional measure this House has been asked to consider.

[The Lord Bishop of Chester]

My Lords, briefly, I support the noble Lord on his amendment. I do not think that the constitution, or even our politics, is broken, but a certain amount of damage has been done. In my lifetime I have seen a tendency for participation rates in voting to fall, along with an increasing sense of weariness with modern politics and disrespect for politicians. I am on the record as saying, when the Constitution Committee published a report on referendums last year, that there is a place for them in building confidence. Interestingly, the participation rate in the recent referendum was really rather encouraging. It was higher than we thought it would be in the lead-up to it. A cautious but proper rediscovery of the place for referendums has a part in rebuilding political life in this country.

More substantially, I should like to try a thought experiment on your Lordships. Let us imagine that we had a Bill before us that proposed to extend the life of a Parliament from a normal term of five years to six years. Would we think that that required a referendum? We would probably think that it did because it would extend the maximum term from five years to six, but in practice we are going to extend the length of Parliaments by an average of about a year. Why is this not an issue on which there should be a referendum?