Marriage (Same Sex Couples) Bill

Lord Pannick Excerpts

Wednesday 19th June 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I appreciate the point that the noble Lord, Lord Singh, is making, but I ask him to reflect on the fact that the exceptions are exceptions for historical reasons of the Church of England and the Church in Wales where there is a common-law duty with regard to priests in relation to people within their parish. Quakers and the Jewish faith are included for reasons that go back centuries. Every other religion in England and Wales is treated in the same way. Even my own denomination, the Church of Scotland, is treated in the exactly same way as the Sikh faith is treated by the provisions in this Bill for the religious organisation itself to determine what its appropriate authority is.

It is quite clear from what the noble Lord has said that there is no doubt within his faith as to where that authority lies, just as in my own denomination the General Assembly of the Church of Scotland would be the obvious authority. The fact that he has been able to make very clear where that authority would lie just shows the importance of it being determined by the religion itself. I also ask him to reflect on the fact that if we included his amendment, every other faith and denomination would have to be included as well. That would be an impossible task for a Government and would take them into having to decide which the proper authority of some religions is, and I do not believe that is where the state should go.

[Lord Pannick]

My Lords, I would just add that if the state were to conduct such an exercise and purport to decide for religious bodies what the proper religious authority is, difficult questions would arise under Article 9 of the European Convention on Human Rights.

--- Later in debate ---

[Baroness Farrington of Ribbleton]

My Lords, my experience in my political career is that it is unwise to comment on individual cases. I would need to know the detail. I cannot believe—however, the noble Lord tells me it is a fact—that any head teacher or governing body has insisted on that wording. However, I do not doubt that the noble Lord has evidence which seems to support that.

I am slightly more dubious about opinion polls. I think that the opinions depend on the exact question that is asked. If noble Lords were asked as they left the Chamber whether they agreed with indoctrinating pupils into believing that same-sex marriage was right or wrong, we would probably all say that we do not believe in indoctrination. If we were asked a slightly different question, we might answer it differently. As someone who is very committed to political life, I am saddened that out there a variety of groups of people hold a variety of views, many of which I totally oppose personally. Nevertheless, I defend their right to hold them. That is the issue we are dealing with. I do not want my grandsons to be told that anything is right or wrong in regard to the law. They will be told by their parents and teachers and occasionally by their grandmother—although, as they grow up, they may not listen—about certain things of which we do or do not approve. However, I think it is very unwise for us to start assuming that teachers will be told they have to indoctrinate or put forward a particular point of view. For 10 years I chaired the education committee on Lancashire County Council. I once said to somebody, “If I wanted the whole teaching profession in Lancashire, which I respect and admire, to do something, the best way would be for me to ban it”.

[Lord Pannick]

My Lords, we all recognise the strength of feeling that these issues command, and pleas for tolerance, such as that from the noble Lord, Lord Waddington, always command considerable respect and attention. However, we really need to look at the principle behind the proposed amendments of the noble Lord, Lord Dear. As I see it, the teacher’s role is not simply to promote same-sex marriage or propagate his or her views. Surely the only role of the teacher in relation to same-sex marriage is to explain to pupils, where this is relevant, that the law allows same-sex marriage, and to explain that some religions do not recognise it and therefore the law does not recognise same-sex marriage of a religious nature in those circumstances.

I cannot understand why a teacher needs or should have a statutory immunity from performing that educative role. Nor can I understand why parents should be able to prevent their children being so informed about the laws of the society in which they live. The noble Lord, Lord Dear, also referred, in the context of the legal opinion from Mr John Bowers QC, to Section 403 of the Education Act 1996, which was said to cause great concern. I remind noble Lords that Section 403(1A) is about giving guidance in the context of sex education. It requires children in that context to,

“learn the nature of marriage and its importance for family life and the bringing up of children”.

The purpose of that statutory provision, as I understand it, is so that when children learn about sex education, they learn that it is highly desirable that sexual intercourse takes place within the context of marriage. I cannot understand why those noble Lords who are concerned about the Bill should wish in any way to prevent children learning—if and when they do—about homosexual sexual relations in that context, as well as about heterosexual sexual relations and the importance of marriage and family life.

[Lord Dear]

Would the noble Lord then distinguish that from the circumstances of a teacher who is an atheist and already receives statutory protection from teaching religious education classes?

[Lord Pannick]

An atheist may have good reason for not teaching religious education, because by definition religious education is teaching matters relating to religion. However we are not concerned here with teaching religion, but with the role of the teacher in teaching children, so far as it is relevant, about the society in which they live. If and when the Bill is passed, part of the society in which children live will include same-sex marriage.

[Lord Dear]

With the greatest possible respect, that is dancing on a pin. I am sorry to put it that way, because I have the greatest respect for the noble Lord. Surely it is exactly the same reasoning which gives protection—if one can use that phrase—for the atheist to fall out of teaching religion and the teacher who has a rooted objection to teaching about sex education and same-sex marriage on religious or conscientious grounds. I see no difference.