Marriage (Same Sex Couples) Bill

Lord Carlile of Berriew Excerpts

Monday 17th June 2013 Lords Chamber

[Baroness Cumberlege]

The noble Lord, Lord Alli, got it absolutely right. I will draw my remarks to a conclusion.

[Lord Carlile of Berriew]

I apologise for intervening at this late stage of my noble friend’s speech, but I would like to be clear about the consequences of what she is saying. Does she propose that a registrar who is opposed on conscientious grounds to divorce should have the right to refuse to marry people who are entering into a second marriage after divorce?

[Baroness Cumberlege]

No, my Lords, I am not going into divorce. I am trying to keep my proposed amendment quite narrow. I am trying to find a middle way, a way that allows registrars to have a conscientious objection because they are not bit parts in this exercise—they are intrinsic to it. I think they should have that right, just as doctors, teachers and everybody else that I have mentioned do. I also understand, having been in local government and knowing how registrars work, the issue of having to work out the workforce that is required to carry out these functions. I am saying that if a registrar is trying to exercise a conscience clause—the clause that we are here trying to give that person—but there is a shortage of registrars within that area, I am afraid that he or she would be compelled to do it.

--- Later in debate ---

[Baroness Noakes]

I completely understand that but the examples given are relatively few. One of them is abortion and it is very different from same-sex marriage, which concerns two people who love each other wishing to formalise their relationship. We cannot compare that with the circumstances that led to the law allowing conscience objections in relation to abortion.

Similarly, we are not talking about teachers dealing with the law of the land. Teachers have been given a conscience opt-out in relation to something that is not the law of the land. If the Bill is passed, as I hope it will be, it will become the law of the land and same-sex marriage will become part of the law of the land, and public servants should, in general, be required to comply with the law of the land.

I understand what the noble and learned Baroness, Lady Butler-Sloss, and my noble friend Lady Berridge said in relation to the Joint Committee on Human Rights—there might be a need for transitional provisions—but I cannot see that there is a need for the provision put forward by my noble friend Lady Cumberlege. I am not sure that a transitional provision is needed. It will depend on whether a number of people are genuinely affected by this, and I do not think that we have conclusive evidence of that. We have heard that in the past some local authorities have made arrangements on a transitional basis with those who have had problems in applying the law in relation to civil partnerships, but it may well be that we can achieve any transitional issues that arise through non-legislative means. Putting something in the Bill would seem to elevate the fact of same-sex marriage to something way beyond where it needs to be, when it is, as I said, simply about two people who want to formalise their relationship in accordance with the law of the land.

[Lord Carlile of Berriew]

My Lords, I have listened to this debate with some concern because we have heard references to conscience in a space in which conscience may not belong at all. We have heard about shades of grey in this debate; this evening, we have had shades of brown. I strongly agreed with the noble and learned Lord, Lord Brown of Eaton-under-Heywood, when he referred to the judiciary. What occurs in these situations? Things may have changed a little since the noble and learned Lord, Lord Mackay of Clashfern, was Lord Chancellor. Perhaps in those days county court judges in Welshpool, Caernarfon or Lambeth were able to pick and choose their way through cases they liked or did not like. However, if I may respectfully say so, the reality is that a judge is a very senior form of public official who hears the case that is presented before him by an often hard-pressed and unsympathetic listing officer. It is form of appointment, as a doctor’s appointment might be.

Equally, if somebody wishes to enter into a civil marriage, what qualifications are needed? They have to establish that they are 16 or over, free to marry and not closely related. There is no issue of conscience involved in that. Then they have to make a convenient appointment to attend before the registrar who, like a judge hearing a case, happens to be on duty on that day. They have to produce some documents—it is a bit like opening a bank account—including their passports, birth certificates and a utility bill or bank statement. Once the appointment has been made with those documents, they attend and there is no liturgy whatever. They are required to exchange promises if they are marrying, but there is no set form. Of course, the registrar helps out if required but they can write their own promises and exchange them quickly and informally. Where is the conscience aspect of this? The registrar is simply a public official providing the statutory facility to enter on a register the names of two people who wish to be married. That is the beginning and end of it. It could not be more different from going to see a vicar, priest, rabbi or imam to seek a marriage founded on a religious belief.

I have huge respect for my noble friend Lady Cumberlege and it is with great regret that I disagree with her so profoundly. However, on this subject, I think we are allowing this debate to trespass into an area in which it does not belong. I urge your Lordships to reject this amendment accordingly.

[Lord Elton]

My Lords, it is trespassing very close on bedtime, too, so I will not take much of your Lordships’ time. I have an amendment in this group which I think your Lordships have forgotten. It is very short and I will try to be the same myself. I start by picking up what the noble Lord has just said. You make an appointment before you go to see the registrar. You do not walk in the front door and say, “I would like now to be married. This is my happy day”. Therefore the scenario the noble Baroness painted could not occur.