Same-sex Marriage: Bermuda

Alan Duncan Excerpts

Monday 29th January 2018 Commons Chamber

[The Minister for Europe and the Americas (Sir Alan Duncan)]

May I start by personally welcoming you back to the Chair, Mr Deputy Speaker, after a difficult period over Christmas. We offer the congratulations of the House on your knighthood.

I am very grateful to the hon. Member for Rhondda (Chris Bryant) for securing this debate. I appreciate that he raised this issue in business questions on 11 January, and I am delighted to have the opportunity to discuss it now at greater length.

The United Nations declaration of human rights makes it clear that human rights and freedoms are “interrelated, interdependent and indivisible”. They are the guarantors of freedom, non-discrimination and the innate dignity of every human being. They apply equally to all humankind. When lesbian, gay, bisexual and transgender people demand their rights, they are not asking for anything unique to them; they are simply asking to be accorded the same rights, dignity and respect that really should be given to everybody as a citizen in the world.

This Government are committed to promoting and protecting the rights of LGBT people, not only because it is the right and just thing to do, but because we believe that the strongest, safest and most prosperous societies are those that are the most open and inclusive. They are societies in which all citizens can live freely without fear of discrimination and can play a full and active part in national life.

Last year marked 50 years since the partial decriminalisation of homosexuality in England and Wales. Since then, the hon. Gentleman and I have shared and championed this cause over many years, from the equalisation of the age of consent through to the introduction of civil partnerships—from which both of us have benefited—to the introduction of the Gender Recognition Act 2004, and the recognition, here at least, of gay marriage. In our lifetimes and, indeed, in our parliamentary lifetime, attitudes to homosexuality have been transformed, barriers to opportunity have been broken down, and this country now has one of the strongest legislative frameworks in the world for preventing and tackling discrimination.

This Government, like the Government who preceded us, are committed to promoting LGBT equality globally through projects, partnerships and persuasion. Today, we are spending more than £1.5 million over three years through the Magna Carta fund to promote and protect the rights of LGBT people where they are under threat. We are working with like-minded countries to promote our expertise through international organisations and through bodies such as the Equal Rights Coalition. Where we find discrimination, we work publicly and privately with Governments and civil society to change attitudes and improve legal protection.

However, it is important to recognise that, even in our own society, the transformation in attitudes did not happen overnight. Indeed, our Marriage (Same Sex Couples) Act 2013 passed into law four only years ago. This knowledge influences how we handle progress in other countries. It is not reasonable to expect or demand sudden change in other countries when it took so long to happen in our own. We must also recognise that this kind of change of attitude cannot be imposed from the outside. It must emerge from within as old prejudices are exposed, argued against and set aside.

We can of course help to encourage change, but in doing so we must be aware of the local situation and be respectful of individual democracies. This is also the case in relation to our overseas territories. The British overseas territories are separate, self-governing jurisdictions with their own democratically elected representatives. I am pleased—as, I am sure, is the hon. Gentleman—that the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, St Helena, Ascension, Tristan da Cunha, and South Georgia and the South Sandwich Islands have all taken steps to recognise and legally authorise same-sex marriage.

In places where that progress has not been mirrored, we believe our best approach is to encourage, persuade and, if necessary, cajole through engagement with both Governments and civil society. Our relationships with the territories are best served if they are based on partnership and consensus. That is why this Government have no plans to impose same-sex marriage in the overseas territories. However, Ministers have been clear with overseas territory Governments that they must respect applicable international obligations.

In Bermuda, public opinion on same-sex marriage and civil unions is split. Bermuda’s non-binding referendum in 2016 on this very issue failed to attract the 50% turnout required by legislation to answer the question definitively. The majority of those who did respond were actually opposed to both same-sex marriage and civil unions; 69% opposed same-sex marriage and 63% opposed civil unions. In May last year, the Bermuda Supreme Court found that the established definition of marriage, as only being between a man and a woman, was inconsistent with Bermuda’s Human Rights Act 1981. The court therefore declared that same-sex couples should also be entitled to be married. As a result, the first same-sex marriage in Bermuda took place that same month.

Following Bermuda’s election last year, the governing party introduced the Domestic Partnership Bill. This would withdraw the entitlement for same-sex couples to marry and replace it with a provision for domestic partnerships for all couples, regardless of gender. The intent of the Bill is to provide those who are described in Bermuda’s law as “domestic partners” with the same benefits as married couples, including provision for pensions, inheritance, healthcare, tax, and immigration. We are obviously disappointed about the removal of same-sex marriage rights, but any intervention in the legislative process in any British overseas territory without its consent would be an exceptional step. Therefore, the Secretary of State is considering the implications of the Bill very carefully.

There are three important points that I urge the House and the hon. Gentleman to bear in mind. First, if the Bill receives assent, it ensures that Bermudians who have been legally married in Bermuda since the Supreme Court decision will retain their married status and enjoy the same legal rights as those in domestic partnerships, putting this on a clear statutory footing.

[Chris Bryant]

I am aware of that fact; indeed, I referred to it in my own comments. However, the problem is this. Just imagine living in a society where at one point to be same-sex married was allowed and the marriage was allowed to stand but nobody else’s in society was allowed to do so. That is a pretty effective way of demeaning that relationship and that marriage contract. I see why it has been done, but I do not think it is a saving grace.

[Sir Alan Duncan]

There is no doubt, in terms of the hon. Gentleman’s argument, that that does create a slightly unusual anomaly for what I understand to be eight couples. In that sense, he has a point. Whether it is demeaning depends on how one regards the alternative that is being offered.

The second point is that the European Court of Human Rights has consistently held that there is not yet a right to same-sex marriage, but there is a requirement to provide some legal recognition of same-sex relationships.

The final point worth bearing in mind is that less than a year ago same-sex couples had no legal recognition at all under Bermudian law. Now they have the equivalent of recognition through civil partnership, if the Domestic Partnership Bill goes through. While I would not wish to do anything but express regret over the backward step following the Supreme Court ruling, we should acknowledge that the Bill does represent progress by comparison with the situation just a year ago and does extend—albeit a step short of marriage—equal rights and recognition to a legal partnership between same-sex couples.

[Sandy Martin (Ipswich) (Lab)]

Does the Minister not accept that the UK itself is open to international judgment as a result of the policies of its overseas territories, and that given that Britain has a Governor in Bermuda and retains responsibility to ensure good government, we should use our powers and influence to secure human rights, which involve equal treatment—indeed, equal treatment for LGBT people as well as everyone else?

[Sir Alan Duncan]

I do not accept the hon. Gentleman’s interpretation of our liability in the sense that he has expressed it. As I explained, the human rights legislation, as we understand it, does not involve, as he would have it, the right to recognition in quite the terms that he suggests. There will be, if the law goes through, civil partnership, which is what we had just a few years ago. It is a law that extends rights that the mere recognition of marriage did not extend in terms of pensions, inheritance, tax, and other such equalities. The Government are giving careful consideration to Bermuda’s Domestic Partnership Bill to assess its implications in relation to our collective international obligations and our constitutional relationship with Bermuda. I will update the House when the Government have had time to finalise their position on that.

[Nick Herbert (Arundel and South Downs) (Con)]

Before my right hon. Friend finishes, will he say what his assessment is of the likelihood that the Supreme Court in Bermuda will revisit this position? As he has suggested, a very anomalous position is being created between the rights of some gay couples who were married under the existing provision and those who will not be allowed to do so in future. Did not the Supreme Court itself say that this historic and insular perspective on marriage was

“out of step with the reality of Bermuda in the 21st century”?

[Sir Alan Duncan]

I am not in a position to know what the Supreme Court is likely to be asked to do or will do. All we know at the moment is what lies on the table—the passage of the Bill.

I will end by reiterating this Government’s absolute commitment to promoting equal rights and fighting discrimination across the globe. We are fully committed to striving for a safer, fairer, more tolerant world where everyone has the opportunity to achieve their potential and live the life they choose.

Question put and agreed to.