Jim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Marriage (Same Sex Couples) Bill
Jim Shannon Excerpts
Simon Hughes
That is why I ask the Minister to look at this issue. We do not yet necessarily have the right balance.
We must have free speech. People may still be arrested because of, or quizzed about, what they say. People should be able to say that they think that homosexuality is wrong or right and whether this Bill is appropriate. Although the Committee did a good job, as has another Committee in taking evidence, out there in the real world a lot of people think that there is not yet sufficient protection for people in expressing their views. I hope that Ministers will give thought to that to see how we can better protect the freedom of speech that people wish for.
Jim Shannon (Strangford) (DUP)
First, let me say unequivocally that I am opposed to same-sex marriage, as most Members will know; it is not a secret. I am here to speak on behalf of the many millions of people with religious views who also oppose it. Specifically, I want to speak to new clauses 3 and 4.
New clause 3 deals with marriage registrars. As the hon. Member for Cardiff South and Penarth (Stephen Doughty) said, there have been similar changes to the law in lands across the whole of Europe and, indeed, all over the world, so precedents have been set. In Holland, protection of the religious views of registrars on same-sex marriage is enshrined in the law. The Dutch courts recently ruled that registrars should not be compelled to solemnise same-sex marriages against their conscience if they were employed as registrars before the law was introduced. A month or two ago, the hon. Member for Congleton (Fiona Bruce) and I went to an event in Portcullis House where people on a panel gave their legal opinions. One person said that marriage registrars would not be covered by the new law, while the other two people said that they are covered. We are very conscious of the Ladele case. The Church of England has produced a paper in which it is very clear about its position on marriage registrars.
I want to talk about the importance of freedom of speech for all. Unless an amendment such as new clause 4 is made, freedom of speech could be unduly restricted. It is difficult to be comprehensive about the circumstances that may give rise to a breach of freedom of expression as a result of such detrimental treatment. However, there is a real danger that a teacher, for example, might be accused of discriminating against a person because he or she has expressed a view against same-sex marriage. There is a risk that employees might be limited in their freedom of expression inside and outside the workplace because their criticism of same-sex marriage could be considered to be unlawful discrimination based on sexual orientation under the Equality Act 2010. This is a particular danger in the context of education, where a teacher may criticise same-sex marriage inside or outside the classroom and be found to have discriminated as a result. These are very important issues that we must be concerned about.
Jonathan Reynolds
We dealt with this in some detail in the Bill Committee, and I recognise that it is one of the principal issues that has been discussed today. It is already clear that someone can express a view—a personal opinion—to which no one would have any objection, but if they did so in a way that bullied or stigmatised, or in any way went beyond what is reasonably acceptable, they would be going too far. This is no different from many of the issues that teachers deal with every single day. On all those issues, yes, we issue guidance, but we never do anything as prescriptive as putting into primary legislation certain rights and responsibilities that would be unacceptable in any other field.
Jim Shannon
The hon. Gentleman and I clearly have a difference of opinion; he will not be surprised about that. In the Bill Committee, we heard that in a poll 40,000 teachers had expressed concern about this. We cannot ignore that number of teachers.
The danger is made more real in the light of the case of Stewart v. Cleveland-Guest (Engineering) Ltd, where the court interpreted
“discrimination on the grounds of sex”
as including some conduct that would fall into the category of “harassment”. Therefore, by analogy, the use of so-called offensive language may be held to amount to sexual orientation discrimination. Moreover, under EU anti-discrimination law, the European Court of Justice held in the case of Firma Feryn that offensive statements may sometimes amount to discrimination. John Bowers QC has raised similar issues in his advice to the Coalition for Marriage. Members heard the same legal opinion expressed in the Bill Committee, as I did in the seminar that I went to with the hon. Member for Congleton.
The Secretary of State has responded to these concerns by saying that her clear understanding is that
“discussion or criticism of same sex marriage would not be ‘of itself’ discrimination under the current law.”
Jim Shannon
My hon. Friend is absolutely right; we need this protection, and it must be enshrined in legislation by this House to ensure that it means something. We cannot just depend on an interpretation that some people might have.
The Secretary of State continued:
“This would only happen if the discussion or criticism took place in an inappropriate manner or in a context which resulted in discrimination against, or a detriment to, a particular pupil or group of pupils.”
She said that the same is true of discussion or criticism of same-sex relationships generally, and concluded:
“Nothing in the Bill affects people’s ability to hold and express their belief that marriage should be between a man and a woman.”
However, this assurance fails sufficiently to protect freedom of expression, as my hon. Friend suggested.
David Simpson (Upper Bann) (DUP)
Perhaps we should go further. For example, is there protection of freedom of speech for preachers who fundamentally believe that the scriptures teach that such things are wrong?
Jim Shannon
My hon. Friend is right: we desperately need that protection.
Other questions are likely to arise, such as whether the expression of a view on the superiority of opposite-sex marriage to same-sex marriage will be regarded as resulting in detriment to a particular group of people—namely, those who are homosexual or who are raised in families in which the parents are in a same-sex marriage. The answer is quite possibly yes. There is therefore likely to be a chilling effect on freedom of speech in particular contexts. The case of Smith has already shown a marked move in that direction. He was, as the hon. Member for Gainsborough (Mr Leigh) said, deemed to have discriminated against same-sex couples after he wrote a comment on his Facebook wall. Surely hon. Members do not intend there to be such a chilling effect on freedom of speech.
One of the ways in which this can best be addressed is by putting the Secretary of State’s reassurances in the Bill.
Geraint Davies (Swansea West) (Lab/Co-op)
Will the hon. Gentleman give way?
Jim Shannon
I am sorry but I cannot.
That can be done via new clause 4, which would ensure that freedom of expression is protected by stating that discussions of same-sex marriages cannot be regarded as unlawful discrimination for the purposes of the Equality Act 2010. I commend the new clause to the House and ask Members to support it.