Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his planned reforms to sections 3 and 6 of the Human Rights Act 1998 will ensure that references to religion in legislation and guidance will be interpreted as religion or belief.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
In December, the Deputy Prime Minister announced that the Government is consulting on proposals to overhaul and replace the Human Rights Act (HRA) with a Bill of Rights. The consultation process is ongoing and we are carefully considering the impact of proposed policies on the legislative framework and legal systems of each devolved nation within the UK. Engagement with stakeholders, including in the devolved administrations, is underway and roundtable events with religious, humanist and secularist groups are planned. In line with our manifesto commitment, we want to ensure there is a proper balance between the rights of individuals, our national security and effective government.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the potential effect, including any retrospective effect, of proposed reforms to sections 3 and 6 of the Human Rights Act on the existing legal framework regarding human rights law; and whether he has conducted an impact assessment on that matter.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
In December, the Deputy Prime Minister announced that the Government is consulting on proposals to overhaul and replace the Human Rights Act (HRA) with a Bill of Rights. The consultation process is ongoing and we are carefully considering the impact of proposed policies on the legislative framework and legal systems of each devolved nation within the UK. Engagement with stakeholders, including in the devolved administrations, is underway and roundtable events with religious, humanist and secularist groups are planned. In line with our manifesto commitment, we want to ensure there is a proper balance between the rights of individuals, our national security and effective government.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth, Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment in R (Harrison and others) v Secretary of State for Justice 2020, what plans he has to bring forward legislative proposals for humanist marriages after the conclusion of the Law Commission marriage review.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Law Commission report is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the potential merits of legally recognising humanist marriages.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Law Commission will present options for how the law should be reformed in relation to who can solemnize a marriage, including how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme. The Government will consider the Commission’s recommendations very carefully.
Asked by: Angela Eagle (Labour - Wallasey)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will publish a list of all (a) substantial and (b) minor reforms his Department has made to marriage law since the Marriage (Same-Sex Couples) Act 2013.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is responsible for marriage law in England and Wales. Marriage law in Scotland and Northern Ireland is a devolved matter.
The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
The Government will decide on provision for non-religious belief marriage on the basis of the Law Commission's recommendations.
Since 2013, the main reform related to marriage has been the recent amendment to the Marriages and Civil Partnerships (Approved Premises) Regulations 2005. This follows a commitment made in 2019 to accelerate plans to allow civil weddings and civil partnerships to be held outside through secondary legislation. The change took effect on 1 July and will gives more options to couples and the sector in terms of how civil weddings and civil partnerships are celebrated by allowing all aspects of the ceremony to take place outdoors, within the boundary of the land of which the built premises form part. The proposed location for the outdoor proceedings must be assessed to be seemly and dignified.
This change will provide greater flexibility especially during the pandemic when there are important public health considerations to take into account. This is not radical reform and ultimately it does not change the current law’s focus on premises.
These are time-limited amendments to the regulations which came into force on 1 July 2021 and will expire at the end of 5th April 2022. A consultation will be undertaken in the Autumn of 2021 to consider the practical impacts of this policy in detail and to enable a later amending Statutory Instrument which is not time limited. A full equality impact assessment will be undertaken on completion of the consultation and will be published in due course.
Amending the 2005 Regulations will benefit many thousands of couples who seek a civil marriage or civil partnership formation on approved premises. The power to make provision in regulations for approved premises is set out in statute and extends only to civil marriage and civil partnership formation.
Asked by: Angela Eagle (Labour - Wallasey)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what (a) assessments of the potential merits his Department has made and (b) steps his Department has taken to legally recognise humanist marriages since the Marriage (Same-Sex Couples) Act 2013; and if he will present that information in the form of a timeline.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is responsible for marriage law in England and Wales. Marriage law in Scotland and Northern Ireland is a devolved matter.
The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
The Government will decide on provision for non-religious belief marriage on the basis of the Law Commission's recommendations.
Since 2013, the main reform related to marriage has been the recent amendment to the Marriages and Civil Partnerships (Approved Premises) Regulations 2005. This follows a commitment made in 2019 to accelerate plans to allow civil weddings and civil partnerships to be held outside through secondary legislation. The change took effect on 1 July and will gives more options to couples and the sector in terms of how civil weddings and civil partnerships are celebrated by allowing all aspects of the ceremony to take place outdoors, within the boundary of the land of which the built premises form part. The proposed location for the outdoor proceedings must be assessed to be seemly and dignified.
This change will provide greater flexibility especially during the pandemic when there are important public health considerations to take into account. This is not radical reform and ultimately it does not change the current law’s focus on premises.
These are time-limited amendments to the regulations which came into force on 1 July 2021 and will expire at the end of 5th April 2022. A consultation will be undertaken in the Autumn of 2021 to consider the practical impacts of this policy in detail and to enable a later amending Statutory Instrument which is not time limited. A full equality impact assessment will be undertaken on completion of the consultation and will be published in due course.
Amending the 2005 Regulations will benefit many thousands of couples who seek a civil marriage or civil partnership formation on approved premises. The power to make provision in regulations for approved premises is set out in statute and extends only to civil marriage and civil partnership formation.
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent steps his Department has taken towards granting legal recognition to humanist marriages; and whether he has made an assessment of the potential merits of enabling Senedd Cymru to legalise humanist marriages in Wales.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is responsible for marriage law in England and Wales.
The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
The Government will decide on provision for non-religious belief marriage on the basis of the Law Commission's recommendations. The Government, therefore, has not made an assessment of the merits of enabling Senedd Cymru to legalise humanist marriages.
Asked by: Brendan O'Hara (Scottish National Party - Argyll and Bute)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, with reference to the United States Commission on International Religious Freedom’s factsheet entitled Nonbelievers in Africa published on 11 June 2021, what assessment his Department has made of the scale of challenges faced by non-religious people in Africa.
Answered by Nigel Adams
We have taken note of the United States Commission on International Religious Freedom's factsheet entitled Nonbelievers in Africa. Protecting freedom of religion or belief for all faiths, and none, remains a priority for the UK Government. Members of non-religious communities continue to be victims of harassment and persecution, despite progress over recent years with the promotion of freedom of religion or belief for all. The UK Government remains deeply concerned about the severity and scale of violations and abuses of freedom of religion or belief (FoRB) for all in many parts of the world, including in Africa. As the Minister of State responsible for Human Rights, Lord (Tariq) Ahmad of Wimbledon underlined these points at the All-Party Parliamentary Humanist Group Annual General Meeting on 24 May.
Lord Ahmad works closely with the Prime Minister's Special Envoy for FoRB, Fiona Bruce MP. In addition to championing FoRB, Mrs Bruce represents the UK at meetings of the International Religious Freedom or Belief Alliance to advocate for the rights of individuals being discriminated against or persecuted on the basis of their faith or belief, including members of non-religious communities.
Asked by: Fleur Anderson (Labour - Putney)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Government has recently met with representatives from Humanist organisations to discuss the merits of legally recognising humanist marriages.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is responsible for marriage law in England and Wales. Marriage law in Scotland and Northern Ireland is a devolved matter.
The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
The Government will decide on provision for non-religious belief marriage in light of the Law Commission's recommendations.
I met with representatives of Humanists UK on 15 December 2020 and my noble friend Lord Wolfson has committed to a further meeting later this year. In the meantime, officials in the Ministry of Justice will continue to engage with representatives from Humanists UK.
Asked by: Fleur Anderson (Labour - Putney)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent representations the Government has received on the merits of recognising humanist marriages in England and Wales.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is responsible for marriage law in England and Wales. Marriage law in Scotland and Northern Ireland is a devolved matter.
The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
The Government will decide on provision for non-religious belief marriage in light of the Law Commission's recommendations.
I met with representatives of Humanists UK on 15 December 2020 and my noble friend Lord Wolfson has committed to a further meeting later this year. In the meantime, officials in the Ministry of Justice will continue to engage with representatives from Humanists UK.