Marriage (Same Sex Couples) Bill
Lord Waddington Excerpts(10 years, 10 months ago)
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Lord Waddington
My Lords, my noble friend Lord Fowler is making rather a meal of it. I can think of only one justification for having a referendum, and that is to allow the Prime Minister to get off the hook on which he has impaled himself by bringing forward this Bill in the first place. Everybody knows that the Bill came forward to Parliament in a most disreputable fashion. We have gone over this many times, so I will say it in a sentence or two. Three days before the election, the Prime Minister said that he had no plans to bring forward such a Bill; there was no reference to it in any party manifesto; there was nothing about it in the coalition agreement; and there was no proper consultation. The result is that UKIP is having a field day—
Lord Fowler
My noble friend accuses me of making a meal of it, but he is making a massive feast of the whole thing. Surely, every argument he has just produced has been debated and debated again, at Second Reading in both the Commons and the Lords.
Lord Waddington
The trouble is that my noble friend has not listened to the end of my argument, which is that as a result of the Prime Minister’s behaviour, UKIP has been gleaning Tory votes throughout the country. If we do not do anything about it, at the next general election UKIP will no doubt be making hay as a result. I suggest to my noble friend that the only real justification for having a referendum is to help the Prime Minister by removing the whole issue from the public arena well before the next general election.
Lord Carlile of Berriew
My Lords, listening to the little exchange that has taken place in the past few minutes between two distinguished noble friends who are members of the Conservative Party led me to think about whether an alliance between UKIP and the Tory party—which, of course, has been mooted—might be regarded as a same-sex marriage.
Leaving aside that little bit of private grief in the Conservative Party, I agree with every word that has been uttered by my noble friend Lord Fowler and will not repeat it because I could not say it as well as he. Like many people in this country, I have great admiration for the noble Lord, Lord Singh. We hear him on the public radio from time to time, and he utters very wise words—mostly. However, I say to the noble Lord that, regrettably, on this occasion he has let us, and himself, down. I invite him to reflect upon whether the proposed amendment is a proper use of the debating procedure of your Lordships’ House; what he said sounded to me awfully like a Second Reading speech.
In order to ascertain whether that would be a justified comment, I spent some little time looking at the noble Lord’s biography and bibliography to see what other issues that he has suggested would be suitable for a referendum because they have an ethical or moral component. There are none: this is special pleading. I urge your Lordships to reject the amendment on that simple basis.
Marriage (Same Sex Couples) Bill
Lord Waddington Excerpts(10 years, 11 months ago)
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Lord Dear
My Lords, I see that Amendments 23 and 24 are grouped together. I had discussions earlier with the Front Bench that in my opinion it would have been better to have split these and discussed them separately. As will become clear very quickly, the only common ground in these two amendments is the classroom. One amendment deals with the position of teachers and the other with parents, but in the interests of time I have had a further discussion with the Front Bench and am more than happy to run these two together and speak to them both one after the other, if that would help. I am looking at the Front Bench and they are nodding so, with the approval of the House, I will do that.
Amendment 23, which seeks to protect schoolteachers, would preserve the position of a teacher so that no teacher was required to endorse same-sex marriage if there was a conscientious objection to so doing, and the same teacher would not be deprived or disqualified by the same action. Under the amendment, teachers with a conscientious objection to same-sex marriage would be protected from being forced to actively endorse it. The amendment would also seek to protect them from being disadvantaged as a result. It offers a conscientious protection similar to that enjoyed by, for example, atheist teachers, who have a legal right not to have to teach religious education. I contend that, unless explicit protection like this is included, the same-sex marriage legislation would jeopardise the civil liberty of teachers holding the traditional mainstream view of marriage.
Discussion about marriage comes up routinely as part of the school curriculum—for example, in English or in history—and there will be pressure, I fear, to ensure that any such discussion includes same-sex marriage. As for sex education, Section 403 of the Education Act 1996 requires sex education to include teaching pupils about the importance of marriage in family life, and will require teaching about the importance of same-sex marriage in that context.
I refer, as I did at Second Reading, to the opinion given by John Bowers QC, a leading barrister in the field of employment law. He stated that Section 403,
“provides no exception for conscientious beliefs”.
He goes on to say:
“Unless this were amended I envisage that there would be a duty on the teacher to promote marriage as newly defined”.
Many teachers undoubtedly will feel unable, in all good conscience, to express such an endorsement. A representative poll, taken earlier this year among teachers, found that 10%—which equates to more than 40,000 teachers in this country—would probably refuse to teach children about the importance of same-sex marriage if required to do so. In the same poll, 17% would teach about its importance but would not be happy in doing so, and 56% expressed concerns that colleagues who take a stance supporting traditional marriage could find their professional careers damaged.
In fairness, the Government have repeatedly sought to allay these fears by insisting that teachers will not be forced to endorse anything that is contrary to their conscience. In fact, the Minister, the noble Baroness, Lady Stowell of Beeston, told the House at Second Reading:
“Teachers will be expected to teach the factual and legal position when teaching about marriage, as with any area of the curriculum, but they will not be expected to promote or endorse views that go against their own beliefs. It will be unlawful to dismiss a teacher purely for doing so”.—[Official Report, 3/6/13; col. 940.]
Setting on one side the factual and legal position, and distinguishing it from the promotion or endorsement of views about that same subject, I would think that it is almost a knife-edge position.
In contrast to that view, John Bowers QC, whose opinion I have just quoted from, has suggested that teachers could be required to promote same-sex marriage and be disciplined and even dismissed if they refuse to do so. He states in his opinion:
“If the Marriage Bill becomes law, schools could lawfully discipline a teacher who refused to teach materials endorsing same sex marriage”.
Earlier in the document he states:
“The stark position in my view is that a Christian teacher (or indeed any teacher with a conscientious objection) may have to teach about (and positively portray) a notion of marriage (and its importance for family life) which they may find deeply offensive”.
He goes on to say:
“Section 403(1A) of the Education Act 1996 would also in my view provide a legitimate basis for schools or LEAs which wish to promote a particular vision of equality to require all teachers to teach materials which endorse same sex marriage. The position of the teacher who manifests a conscientious objection to doing so is not enviable”.
I will quote from a letter that was sent to me at the end of last week by a firm of solicitors in Witney in Oxfordshire. It stated:
“I am happy to confirm the attached letter, addressed to you by Mrs X, in relation to an investigation against her in her school, which is an honest summary of a genuine incident. I am aware of the facts of the case. I am also aware that Mrs X wishes to remain anonymous at this stage because an investigation is ongoing”.
The letter from Mrs X is illustrative of this problem, and I quote from it directly:
“I am a teacher at a … girls’ school in South London. I have been employed by the school for 17 years. During March … I was instructed to deliver a presentation, which included material stating, in effect, that any disagreement with same-sex marriage was de facto homophobia. I felt this was not a fair characterisation of the debate and it was one that conflicted with my own deeply held religious beliefs. I raised my concerns with the teacher in charge”.
I will shorthand the next bit. She complained to the teacher in charge, who allowed her her position and let her teach elsewhere. However, another colleague raised a complaint:
“The head teacher investigated the incident and concluded there was no case to answer. Another colleague, who is also a union rep, then followed up the complaint, and has formally raised additional concerns about my Christian beliefs and my membership of a church. The union rep has demanded an investigation of my beliefs and my membership of the church, and whether it had any negative impact on my job as a teacher. That investigation process is currently underway, and at the time of writing I do not yet know the outcome”.
The nub of that was on whether any disagreement with same-sex marriage was de facto homophobia.
I could cite other examples, but I will not take up too much of the House’s time. I will say simply that other teachers have come under similar pressure. One situation involved a primary school teacher who stopped reading the book And Tango Makes Three to her class because it endorsed same-sex relationships in a way that conflicted with her beliefs. When the head teacher discovered that, the teacher was restricted from having her own class because school policy required teachers to promote homosexuality in the classroom. In Scotland, a secondary school teacher was told that he would have to teach a relationships course, promoting same-sex marriage “without exceptions or safeguards”, despite that contradicting his beliefs.
We have a tangle. We have leading counsel on one side saying that the law will not protect teachers, and we have the view from the Front Bench, very obviously, earnestly and faithfully put forward, that the factual and legal position can be distinguished from the promotion and endorsement of views. We then turn to the Joint Committee on Human Rights, which is as divided on this as it was on other matters we heard of earlier in connection with another amendment. On this particular issue the Joint Committee said:
“We have heard significant arguments about whether existing employment and equality law provisions provide sufficient protection for employees who may wish to manifest their belief about same-sex marriage in the workplace. We note the particular concern for the position of teachers and civil registrars … We welcome the Government’s commitment to review the protections that may be required in relation to the teaching of Sex and Relationship Education. In particular, we encourage the Government to consider whether specific protections are required for faith schools and for individual teachers who hold a religious belief about same sex marriage”.
That sums up the reasoning behind this amendment. I beg to move.
Lord Waddington
My Lords, the noble Lord, Lord Dear, brought to the attention of the House certain remarks made by my noble friend in her speech at Second Reading. I will remind the House of some of her words. In particular, she said:
“Teachers will be expected to teach the factual and legal position when teaching about marriage … but they will not be expected to promote or endorse views that go against their own beliefs”.—[Official Report, 3/6/13; col. 940.]
That surely means that the teacher must teach the new definition of marriage and must explain the significance of the change. That may be very difficult for some teachers. The Minister says that the teacher does not have to endorse the new definition, and by that I think she means to accept it as right.
Lord Waddington
I appreciate what the noble Lord has to say and he will be able to say it in his speech. I wish he would just hear me out on this little piece of the action. He surely must agree that this begs the question as to whether it is anything we should complain about; he surely must agree that the teacher must teach the new definition of marriage and must explain the significance of the change. The noble Lord must concede, whether he likes it or not, that that may be offensive to some teachers. It is no good the noble Lord shaking his head. I should have thought that after all our debates he knows how divisive this legislation is. Some people find it very difficult to accept that a marriage between two people of the same sex is a proper marriage. It is ridiculous him just shaking his head. We have to face the facts.
Lord Alli
I was shaking my head because I do not believe that it is difficult for a teacher to teach the facts. They may not like it, but I believe teaching is a fantastic profession and every teacher I have met is capable of distinguishing fact from opinion. People in this profession are capable of dealing with this issue because that is what they are trained to do.
Lord Waddington
A number of teachers will find it extremely difficult to have to explain the new regime. At Second Reading the Minister said that teachers do not have to “endorse” the new definition—by that I think she means accept it as right. She then went on to say that,
“the expression of personal beliefs should be done in a professional way and not in a way that would be inappropriate or insensitive to pupils”.—[Official Report, 3/6/13; col. 940.]
I wonder whether some people might judge that any statement to the effect that the only true marriage is one between a man and a woman is bound to be thought insensitive to some pupils and that therefore it should not be allowed. When we come to Section 403 of the Education Act 1996, which was again referred to by the noble Lord, Lord Dear, there is a strong case for giving some protection to safeguard the position of teachers who cannot in conscience teach that the union of two men or two women is a marriage.
As to conscientious objection, there was a debate about that the other night. One thing was not mentioned. The Equality and Human Rights Commission was reported on 12 July 2011 as saying that the court should have done more to protect Christians affected by equality laws. In the case then pending before the ECHR the commission was going to call on the European Court of Human Rights to back the principle that employers should do more to reasonably accommodate employees’ religious beliefs like they accommodate staff with disabilities. I am quoting from the commission. Later, for quite unexplained reasons, the commission beat a hasty retreat but we can take some comfort in the fact that for a short time it looked as if we were going to get somewhere. Surely if in the dark days of the war you could give people who had a conscientious objection to fighting the right to opt out of military service we could do something similar here.
There have been so many cases where the demands of equality have been allowed to trump the right of people to observe the dictates of their faith. There may be a case in every enactment for protection of those who would find observance difficult on grounds of conscience. I raised that matter in a Question in the House on 8 July 2010. Unfortunately, I got the usual expression of sympathy followed by a statement that the Government had not the slightest intention of doing anything.
I noted the words of my noble friend Lord Deben earlier this afternoon. He talked about tolerance. I do not see much tolerance in this place tonight—not on that side of the Chamber. The Government would be practising tolerance if they gave protection to teachers who find it difficult to teach the significance of the new law on marriage.
Baroness Farrington of Ribbleton
My Lords, I say in a spirit of courtesy that I rather resent the reference to this side of the Chamber, because this debate is not whipped. What I will say is based on my experience as a mother and as someone, obviously, who went to school. For 10 years I chaired the education committee in Lancashire, with a bevy of bishops—perhaps “beneficence” would be a more appropriate word—because Lancashire had, and I think still has, the largest number of faith schools. I think that this is the last week that the right reverend Prelate the Bishop of Liverpool will be in your Lordships’ House. I would like to put it on record that he has contributed very wisely to our debates.
My experience of the education system is that of a parent and an unqualified teacher. I have to say, on the basis of my experience, that the current Government’s use of unqualified teachers serves children ill. I will address this issue and concerns raised by the noble Lord, Lord Dear. We tangle with the content of the curriculum and what teachers ought to say and do at our peril. I recollect—this may surprise some noble Lords opposite—my faith in the late Lord Joseph, who, in the circumstance of vitriolic debates about whether teachers were telling young people that they ought to support CND back in the 1980s, said that the role of a teacher could be to say that they supported CND or not, but that as a professional they ought also to say that other teachers, parents and people in the community held different views. To my amazement—I admit prejudice prior to his appointment—I found that Lord Joseph was interested in genuine educational debate and discussion among young people as they grew up. Noble Lords would do well to remember his advice that young people need to know about a diversity of views as they grow into young adults.
Nobody wishes to see the promotion of a particular lifestyle, moral view, political view or religious view. Teachers have to teach children who are growing up in a very diverse culture. It is totally different from my childhood, when there was not a diverse culture in most communities. Most diversity was hidden.
I would like to relate the story of a superb head teacher in a Lancashire church school, who came to me at the time of the introduction of Section 28. This head teacher was a devout, practising Anglican. By chance, she was actually a very devout Conservative Party member, if one can be such a thing. She asked to see me about Section 28. I thought she would come in and say, “You’ve got to support this, this is important.” What she told me was a story. It took place in that small church school in a village in Lancashire, where she was head teacher. She asked the children to draw a picture of their Christmas Day morning. She said to me, “Josie, one little girl drew a picture of herself in bed with two women”. She said to the little girl, “Who are they?”, and the little girl said, “My two mummies. I don’t have a daddy, I have two mummies.”
The head teacher said to me that her professional job, given all her views and her devout Christian belief, was to support the family in which this child lived and ensure the child was never in any way victimised for the circumstances of her family life. So she had to explain to other children, “Some people live like this”. I explained that story to Lord Joseph. He understood it because he knew that children grow up in families with very different views and very different circumstances.
To the noble Lord, Lord Dear, I say that it is not a question of endorsing but of recognising. Children are growing up in a diversity of families. They may grow up with a mother and a father who are married within a religious faith. Their uncles and aunts and other people they know, other people in the community such as family friends, will have different patterns of life, different beliefs and different relationships. We have to make sure that teachers are given the freedom and responsibility to respond to the young people in their care.
A long way back I was accused by a then Member of Parliament in Lancashire of presiding over a situation in which teachers were indoctrinating children into supporting a particular view. I refer back to the CND. I never actually got proof of the indoctrination, but I had wholehearted support across the political groups on Lancashire Country Council for ensuring that teachers were able to teach children to grow up in the real world that they lived in.
I may not like particular aspects of life. I am not awfully fond of rap, but that it is an age thing, not an artistic judgment. We have to stop preventing teachers teaching children about the world in which they are growing up. Teachers should not endorse views or indoctrinate children but recognise that the world is real and it is out there. That is why I give the Government my wholehearted support. I hope that the noble Lord, Lord Dear—
Marriage (Same Sex Couples) Bill
Lord Waddington Excerpts(10 years, 11 months ago)
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Lord Lea of Crondall
My Lords, I would like to know the basis on which any noble Lord would disagree with the sentiments expressed by the noble Lord, Lord Armstrong of Ilminster.
Lord Waddington
My Lords, I agree entirely with my noble friend Lord Phillips. We are talking about two types of union which are entirely different: different in the way in which the union is manifested, in the obligations that flow from that union, and in the sanctions that can be obtained if one party defaults.
At Second Reading my noble friend Lord Jenkin missed the point entirely, which is very rare for him. He did not think that lumping together these two unions was redefining marriage, and said that it was not going to redefine his marriage. With respect to my noble friend, that is not the point. What about those coming up to marriageable age who are contemplating whether to marry? Might not this mishmash of traditional marriage and the union of two people of the same sex, with the accent no longer on family, make some people wonder whether to go ahead? What will they feel when denied the opportunity to have a traditional marriage?
One of the strangest assertions I have heard during this debate is that marriage will be strengthened if we go ahead with this Bill. There is not a jot of evidence to support that proposition; in fact, all the evidence is to the contrary. Some of us may have heard Dr Patricia Morgan when she—
Baroness Thornton
Since the noble Lord thinks there is not a jot of evidence that marriage will be strengthened by this Bill, what evidence does he have—apart from his assertion—that this Bill will put people off getting married?
Lord Waddington
I was just getting to the experience of other countries, and it does seem that some people have been put off. Dr Patricia Morgan produced evidence to show that since gay marriage was introduced in Spain in 2005, the decline in heterosexual marriage has been precipitous. It has been just the same in Holland since 2001, and also in Scandinavia. There is not one example of this change going ahead and marriage increasing. The result has been exactly the opposite.
Lord Waddington
I am afraid that the noble Lord is wrong about that. It was certainly true that in Spain there was a relaxation in divorce at the time of the introduction of same-sex marriage, but I am talking about new marriages. There was a big decline in new marriages in Spain since the change came about. So it seems obvious that if marriage between same-sex couples is to be allowed, at the very least it should be made clear that it is very different from traditional marriage.
Baroness Williams of Crosby
My Lords, political decisions are often influenced by issues of conscience. Speaking for myself, I have never confronted a more difficult decision than the one about equal marriage in the Bill that confronts us today. I voted against the amendment of the noble Lord, Lord Dear, because I believe that the House had a duty to look scrupulously at and scrutinise carefully every detail of this complicated Bill. I also believe that it was wrong to try to nullify a decision made in the other House as a result of a substantial majority on a free vote. Since then, I have had to confront the outcome of that and, with others in this House, consider very carefully the proposals before the Committee.
In my view, marriage has been for a long time the foundation of family life in this country and elsewhere. In that case, I believe that it is indeed a framework for procreation and the raising of children. As we all know, among mammals, human beings take longer to reach maturity than virtually any other creature on the planet. It takes between 15 and 18 years for a child to mature—if one takes an optimistic view—and I think many of us recognise that nowadays the actual figure may be well over 20. What that means is that we are looking at a very different proposition from other mammals. We are looking at what has to be a very large part of a life’s commitment to raise children properly, which is a very substantial factor that we have not yet considered sufficiently.
As my noble friend Lord Alderdice has pointed out, the evidence from social workers and psychiatrists suggests—I will not put it more strongly than that—that it looks as if a marriage between a man and a woman is probably the best and most stable basis for raising children that we have so far invented. I would also suggest that there is another factor than simply the biological one. Of course, we know that there is a biological difference between the genders but it is also critical to say that there is a difference between the approaches of the genders to a whole range of issues. As the famous American writer Carol Gilligan pointed out in her book, In a Different Voice, women and men approach relationships, and very often their relationships with the whole of society, rather differently; above all, they complement one another. That is the basis of what is known in the churches as holy matrimony and something that we have to consider very carefully indeed.
Traditional marriage also gives equal value to parents of both genders. In a moving statement yesterday, Mr Lammy, the Member of Parliament for Tottenham, pointed out that there had been a serious devaluation of the role of fathers in our society, citing his own experience as the child of a single-parent family. Today hundreds of thousands of children—more than 1 million—are being brought up without fathers or mothers or another permanent, loving or male presence. Single-parent families often display truly amazing—indeed, nearly miraculous—commitment to their children. Many of them are the breadwinners as well as the main carers for their families. I am often breathless with amazement at the extraordinary courage and dedication that the heads of single-parent families bring to that duty. But often they find it utterly exhausting to try to handle the whole burden on their own. That is not to condemn in any way single-parent families but to say loudly and clearly that the role of fathers should once again be sustained by the state and by society because they are such a crucial element in sustaining a long-lasting and loving family between two parents.
However, of course there is a different side to the argument. The most reverend Primate the Archbishop of Canterbury said that he had been stunned by the quality of some of the relationships between gay men and lesbian women that he had come across. I accede to that completely. Among my own friends, some of the most remarkable examples of human union that I have ever come across are between my gay and lesbian friends and their partners. Therefore, why should there be any difference in the nomenclature? The distinction is perhaps best made by pointing out the very different roles, as has been done already by several speakers in this debate, of a marriage that is based on the outcome of procreation—the long-term maturing of children—and a relationship that is based on the huge, total and intimate relationship between two people who wish to live their lives together.
Quite straightforwardly, the churches have a great responsibility in being asked to be forgiven for some of the attitudes taken towards gay people in the past. The Christian churches are fundamentally about forgiveness—not about vengeance, but about forgiveness. Jesus Christ asked not only that human beings be forgiven but that human beings forgive one another for their mutual and reciprocal sins. I say loudly and clearly that the Christian churches, believing as they do in forgiveness, should ask forgiveness for the long, abusive and often cruel treatment of gay people over many years. I hope that that is something they will address now that they are under charitable and understanding leadership.
Lord Alli
My Lords, I wish to speak to Amendments 5, 7, 8 and 19, government Amendment 53 and Amendment 54. This group of amendments seeks to put into the Bill a series of protections for those who believe that same-sex marriage is wrong, who want to make clear that they believe it is wrong, and who are employed by public authorities or subject to the Equality Act.
Robust provisions in the Bill and that Act already give such protections. Indeed, the Minister made this clear at Second Reading and, if she does not mind, I shall repeat her words. She said:
“It is lawful to express a belief that marriage should be between a man and a woman, and it is lawful to do that whether at work or outside work. That is a belief that is protected under the religion or belief provisions of the Equality Act 2010, and penalising someone because of such a belief would be unlawful discrimination under that Act”.—[Official Report, 4/6/13; col. 1104.]
The Minister and the law cannot have been any clearer. In addition, as promised, the Government have brought forward—unnecessarily in my view—reassuring language in Amendment 53 regarding freedom of speech. As regards Amendment 37, which was tabled by the right reverend Prelate the Bishop of Leicester, and Amendment 56 of the noble Lord, Lord Dear, the Government are, in Amendment 53, giving the noble Lords all that they ask for but in more inclusive language. I hope that the right reverend Prelate, who is not in his place, will accept that and move on.
Given that the law is clear and the Government have strengthened the language on free speech, what are Amendments 37 and 56 for? I have a sneaking suspicion that their impact, like many others tabled throughout the Bill, will not be helpful but raise alarm with the public and insert inflammatory language to fix a mischief that never really existed. I accept that that is probably not intended by those who tabled those amendments. However, I call it the “Section 28” effect. What do I mean by that? The last time that such an impact was felt was after the introduction of Section 28 of the Local Government Act 1988. The inflammatory text damaged the reputations of the party opposite and this House. We have come a long way since then. I ask the Committee and the Government that where there is no mischief that they can identify please do not seek to remedy it, as is the case with these amendments dealing with public authority employees expressing their opinions on marriage. Please be wary of those offering helpful solutions, as some of us have had to live with the terrible consequences of those tactics as a result of Section 28.
Lord Waddington
My Lords, first, I apologise to the noble Lord, Lord Alli, and others on the other side of the House. My hearing aid, or my hearing, or both, gave way last time and I could not hear a word that was said. I was very fortunate to have a prompter near me. I do not think that anything I say now will provoke a large number of interventions but if that happens, I am now in better shape to deal with them.
The amendment deals with discrimination against someone because he expresses the view that marriage is the union of a man and a woman. I want to take this opportunity to mention something which has been very much on my mind. This sort of discrimination may become prevalent because it has got about the place that even before the Bill has become law, it is plain wrong to express support for traditional marriage. I hope others were as concerned as I was to read how the Law Society and the Queen Elizabeth II Conference Centre cancelled conferences to be held on their premises by Christian Concern to make the case for traditional marriage, with a very distinguished body of speakers. Each of those bodies had the nerve to say in its notification of cancellation that the nature of the event was,
“contrary to our diversity policy, espousing as it does an ethos which is opposed to same-sex marriage”.
It never seems to have occurred to the writers of those letters that they were quite deliberately interfering with the right of free speech in a country where free speech is greatly treasured as the hallmark of a free society. I hope that a clear message goes out from the Government today that the behaviour of those bodies was clearly unacceptable. We must safeguard free speech, whatever we do tonight.
Baroness Berridge
My Lords, I wish to speak briefly to Amendment 54, which is in my name, and, obviously, to government Amendment 53. Much has been said in your Lordships’ House of the need to preserve free speech but, as I outlined in my Second Reading speech, the role of the state goes beyond that. To ensure free speech, there has to be an encouragement and a protection of dissent in the public space. I am grateful to my noble friend the Minister for bringing forward Amendment 53, which was promised in the other place on Report, and was a concern outlined in the recent report of the Joint Committee on Human Rights that was published last Friday. I am a member of that committee, and there were very divergent opinions on the principle of the Bill, but we managed to come up with a report of the whole committee about the concerns that remain about the Bill.
I am grateful that the Government have brought forward this amendment to deal with some of the concerns around free speech. It is particularly important when on our statute book there are crimes that can be committed, with the force of criminal law being brought to bear on them, when there is hate speech with a particular mens rea of intending to stir up hatred against, for instance, somebody on the grounds of sexual orientation. I draw attention to what the noble and learned Baroness, Lady Butler-Sloss, outlined: this is a necessary safeguard when we look at what people on the ground are actually doing. Members of the other place have already referred to an incident a few weeks ago, when the police were called to a heated exchange around the matters that we are considering. We have to bear in mind that the effect of this legislation, and the potential effect on free speech, has to be policed on our streets by ordinary police constables. Amendment 53 ensures that they have clear guidance around what is and is not a criminal offence. It specifically states the caveat that it is not just about stating your belief that marriage is between one man and one woman. It is allowing that criticism to take place and thereby not breaching criminal law once the criticism is made. That dissent in the public space is to be welcomed.
In my speech at Second Reading I drew attention to the exchanges that took place between David Lammy MP and David Burrowes MP on these issues. One of the things that are becoming very difficult in speaking on this issue is the analogy, which was the cause of the dispute in the other place, around sexual orientation, same-sex marriage and racism. I am surprised to see the nature of the exchanges we are having today. If that is what ends up taking place in this debating Chamber, what will be happening on our streets when passions get inflamed around this issue? I welcome the Government’s amendment and believe that it brings in an important safeguard.
Marriage (Same Sex Couples) Bill
Lord Waddington Excerpts(10 years, 11 months ago)
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Lord Cope of Berkeley
My Lords, we have criss-crossed the issues of principle over these two days, but I will not add to that element of the discussion. At this stage of this long debate, I want to stick to constitutional points. Various speeches, starting with the courageous speech of the noble Lord, Lord Dear, have referred to the constitutional position of the House of Lords. Doubt has been cast, by him and others, on the validity of the Commons’ decision. It is said that the Whips overdid it to such an extent that we should discount the Commons’ two-to-one support for the Bill, and should use our undoubted reserve power to refuse to discuss the Bill any further. That view is mistaken.
It exaggerates the Whips’ influence, particularly on a free vote on a matter of conscience, and I speak as a former government Whip in the Commons for eight years, during two Parliaments. It also discounts the constituency pressures on MPs. We have heard about the lack of commitment in the most recent manifestos, but it is not the previous election that focuses MPs’ minds on constituents’ views when deciding how to speak or vote; rather, it is the next election that they are looking at. That is why they pay careful attention to constituents’ views, late in a Parliament in particular, in politically uncertain times. There is no excuse for this appointed House to overrule the elected House and say that the Bill is so erroneous that we refuse to discuss it further.
Lord Waddington
Perhaps my noble friend will forgive me if I raise one point with him. Have there not been numerous occasions when this House, even when it was largely hereditary, rejected Bills that had come here from the House of Commons on Second Reading? I have a big memory of the War Crimes Bill that came here from the House of Commons having been passed there by an almighty majority, far greater that the majority given to this Bill in the House of Commons. Nobody in this place suggested that anyone would be behaving improperly if that Bill was rejected by this House. What has changed?
Lord Cope of Berkeley
I think that my noble friend exaggerates when he says that there have been numerous examples. There have been examples, of course, mainly of Private Members’ Bills being defeated at Second Reading when they were being put forward by noble Lords in this House, but that is a different matter. I also draw my noble friend’s attention to the fact that Bills like the one to which he refers, the War Crimes Bill, have nevertheless become law without the House of Lords being able to contribute through a Committee stage to the detailed provisions of it. We have had numerous references in the debate to matters that require further discussion but by definition, if the Parliament Act is used, it is the Bill as it stands that becomes law in those cases.
Marriage (Same Sex Couples) Bill
Lord Waddington Excerpts(10 years, 11 months ago)
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Lord Waddington
My Lords, surely the noble Lord, Lord Dear, was correct to start his speech by saying, in graphic language, that this Bill is about imposing an entirely new meaning on a term as familiar and fundamental as “marriage”. Throughout history, in all countries and cultures, marriage has been the union of a man and a woman; and although not every married couple have or want children, the core function of the union has always been the procreation and joint care of children. Over the years, of course, there have been changes in marriage law, but throughout history there has been no change in the essential nature of the institution—the union of a man with a woman.
It has never been a matter of gays being banned from marrying. It was never even thought remotely possible that the term could be applied to two people of the same sex. Now we are told that it is unjust to treat same-sex and opposite-sex relationships differently, but surely it is no disrespect to anyone, just common sense, to point out that we are talking of two types of union which are indeed different—entirely different. From the obligation to care for any children, and to consummate the marriage or face a decree of nullity, to the commitment to sexual fidelity, with the threat of divorce on the grounds of adultery, there is no way in which the union of a man and a woman, with all these serious implications, can be compared with the wish of a couple to see their partnership publicly recognised.
I remind your Lordships of something that may have been forgotten. On 11 February 2004, the noble Lord, Lord Filkin, speaking for the then Labour Government, declared from the Dispatch Box—unchallenged by any Member of the House—that,
“marriage should be possible only between people of opposite gender”.—[Official Report, 11/2/04; cols. 1093.]
He went on to say:
“The concept of same-sex marriage is a contradiction in terms, which is why our position is utterly clear: we are against it, and do not intend to promote it or allow it to take place”.—[Official Report, 11/2/04; cols. 1094-95.]
What on earth has happened to turn what was out of the question those few years ago into a great national priority? Is it because of a change in the law in other countries? If that is the case, we should look at what has happened in Spain, Holland and Scandinavia, where, since same-sex marriage has been allowed, the decline in heterosexual marriage has been precipitous.
Finally, this Bill is not just about enlarging the rights of same-sex couples; it will have a dramatic effect on others. With the Deputy Prime Minister calling opponents of the Bill bigots, with Lynne Featherstone saying they are,
“fanning the flames of homophobia”,
and with traditional marriage being likened to apartheid and slavery, there is already a nasty whiff of intolerance about, directed at those who support traditional marriage, and with freedom of conscience and freedom of speech threatened.
Let us not forget that our courts have already ruled in a number of cases, including the celebrated case of the Catholic adoption society, that the demands of equality are more important than the right of people to observe the dictates of their faith. So woe betide those working in the public service who express the view that marriage is the union of a man and a woman. Each will, if not threatened with dismissal, have a torrid time being treated as bigots. Ordinary people with deep feelings about the sanctity of marriage will also be demonised as homophobic and will be very lucky if they do not finish up accused of hate crime.
For this, Mr Cameron thought it was worth picking a fight with his best supporters. It was a big mistake.