Northern Ireland (Executive Formation) Bill — House of Lords, 2019-07-17
Topic: Civil Rights
Robert Hayward (Conservative, Centre-right): I will look in my diary and make sure that the noble Baroness has a free slot in her diary to come. Hopefully, it will be a celebration of the introduction of same-sex marriage. I said I would wear this club tie each time I spoke until we had changed this law, and I intend to continue to do so—but I hope I will not be bound by that for too long The purpose of the amendments I have tabled, with other Members of this House, is to improve and extend the drafting of Clause 8. This will enable the Secretary of State to deliver a comprehensive and effective regime for same-sex marriage in Northern Ireland. The amendments would also allow the Secretary of State to introduce opposite-sex civil partnerships in Northern Ireland. This will ensure that all couples in Northern Ireland, irrespective of their sexual orientation, will have equal rights to enter the form of relationship of their choice. At this stage I thank not only the Minister and Conor McGinn but the officials, who have been so helpful in drafting these amendments. Amendment 11 would replace subsections (1) to (4) of Clause 8 with new subsections (1) to (8). New subsection (1) enables the Secretary of State, by regulations, to extend eligibility so that two people of the same sex may marry in Northern Ireland and two people not of the same sex may form a civil partnership. Noble Lords will recall that we debated extending civil partnerships to opposite-sex couples in England and Wales earlier this year; I contributed by tabling an amendment, which I ultimately withdrew. This was part of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. Last week the Government announced their plans to allow such couples to form civil partnerships, and last month the Scottish Government committed to introducing legislation enabling Scottish opposite-sex couples to form civil partnerships. It is only right that we now extend this entitlement to opposite-sex couples in Northern Ireland so that we ensure full equality of access to relationships across the United Kingdom New subsection (2) requires that the first regulations under new subsection (1) come into force on or before 13 January 2020. The combined effect of the amendments is that Clause 8 itself would come into force on 22 October, unless the Northern Ireland Executive is reformed on or before 21 October, and the regulations on same-sex marriage and civil partnerships would follow early next year. Pushing back the commencement date for these regulations would allow the Government and the Northern Ireland Civil Service more time to make the necessary changes to legislation, as well as the essential operational changes. I understand that any less time than this would jeopardise the Government’s ability to extend the full set of rights and entitlements to both same-sex married couples and opposite-sex civil partners Our amendments would also allow for other necessary amendments to be made by regulations. New subsection (4) outlines the areas about which the regulations may make particular provision. These include: matters relating to parenthood and parental responsibility; the financial consequences of marriage and civil partnership, which may include pensions and survivor benefits; and the recognition of equivalent same-sex marriages and opposite-sex civil partnerships entered into in Great Britain and overseas as marriage and civil partnerships in Northern Ireland. I stress that this list is not exhaustive but is intended to give a clear indication of how the powers in new subsection (3) are likely to be used and the numerous other changes that will be needed as a consequence of the extension of marriage and civil partnerships New subsection (5) enables the Secretary of State to make regulations governing conversion rights. The Marriage (Same Sex Couples) Act 2013 allows same-sex civil partners in England and Wales to convert their civil partnerships into marriage, without first having to dissolve the partnership. The Government are now consulting on whether opposite-sex married couples in England and Wales should similarly have the opportunity to convert to a civil partnership. New subsection (5) would allow for both eventualities in Northern Ireland New subsection (6) enables the Secretary of State to make regulations that protect the ability to act in accordance with religious belief in relation to same-sex marriage, opposite-sex civil partnerships and conversion between marriage and civil partnership and vice versa. I am conscious that this is a particularly sensitive issue in Northern Ireland. Noble Lords may be familiar with provisions of the 2013 Act, known as the quadruple lock, which we have debated in this House on many occasions. Essentially, the quad lock ensures that no religious organisation or individual minister can be compelled to marry same-sex couples or to permit that to happen on their premises. The 2013 Act also provides an opt-in system for religious organisations that wish to conduct marriages of same-sex couples and ensures that no discrimination claim can be brought against religious groups or individual ministers who refuse to marry couples because they are of the same sex. The Government have noted that they intend to extend similar protections to civil partnerships on religious premises in England and Wales The protections for Northern Ireland will need to be adapted to fit the specific circumstances there. That is because the system for religious marriage is different in Northern Ireland as it operates through approved celebrants, rather than approved premises, and marriages can be conducted by belief organisations, such as the humanists, as well as religious organisations Northern Ireland also has constitutional protection against discrimination on the grounds of political opinion. The power in subsection (6) is therefore drafted in a way that enables appropriate protections to be crafted to fit the particular conditions in Northern Ireland, although I understand that they are likely to be broadly the same as those applicable in England and Wales and in Scotland. 1 hope that that reassures noble Lords that no religious organisations nor individual ministers will be compelled to conduct same-sex marriages or opposite-sex civil partnerships in Northern Ireland against their will.