Lord Desai

The UK is a signatory of the United Nations Convention on the Rights of the Child’s (UNCRC), and the department will consider carefully the Committee’s recommendations. The government does not always agree with, or implement, UNCRCs recommendations, and there is no requirement to do so.

Mainstream state-funded schools designated with a religious character, commonly known as faith schools, may choose to give priority for places to applicants on the basis of faith, but only where they are oversubscribed. Where they have places available, they must admit all children who apply without reference to faith. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.

Some faith schools only prioritise a proportion of places with reference to faith, and others do not use faith-based criteria at all. Free schools which are designated with a religious character must allocate at least 50% of places without reference to faith, where they are oversubscribed.

The School Admissions Code exists to ensure that admission arrangements are fair, clear and objective, and is binding on all state mainstream schools, including faith schools. Where anyone is concerned that a school’s admission arrangements are unfair or unlawful, the department encourages them to refer an objection to the independent Schools Adjudicator.

The government believes that collective worship is an important part of school life, encouraging pupils to reflect on the concept of belief and the role it plays in the traditions and values of this country. The legislation surrounding collective worship is flexible and allows schools to tailor their provision to suit their pupils’ spiritual needs, as well as providing an opportunity for schools and academies to develop and celebrate their ethos and values. The law also affords a right of withdrawal, which can be exercised by pupils over the age of 16 and by parents of pupils under the age of 16.

The government’s assessment is that the current legislation appropriately balances the rights of parents and of children, and has no plans to review its policy on collective worship or the associated right to withdraw as it relates to children attending state funded schools in England.

The judgement in this case relating to the extradition of an individual was issued by the High Court in Ireland and it is not for the Government to comment.

We are taking the time to consider the report recommendations fully. We will publish a response to the report in due course.

In 2014, the Government published a consultation paper and response assessing the potential merits of provision for non-religious belief marriages. This concluded that the matter was complex, and that by allowing Humanists to solemnise marriages in unrestricted locations, the Government would create a provision for Humanists that would not be available to all groups.

To ensure we are considering the implications of changing the law on marriage for all groups, we invited the Law Commission to undertake a review which is currently underway and is expected to report in July of this year. By looking at the law comprehensively, the Law Commission will seek to put forward proposals that would ensure that, insofar as possible, groups and couples are all subject to the same rules and the same level of regulation. That reform is not possible by only authorising Humanist weddings, even on a temporary basis pending the Law Commission report.

The Government will carefully consider the Law Commission’s recommendations when the final report is published in July, and it is right for us to wait for the outcome of the report before amending marriage law any further.

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.

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.