House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 March 2013
101

Marriage (Same Sex Couples) Bill, continued

Part 2 of the Civil Partnership Act 2004—non-consummation

Charlotte Leslie

NC9

To move the following Clause:—

‘(1)
Part 2 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 50, subsection (1), at end insert—

“(f)
the Civil Partnership has not been consummated owing to the

incapacity of either party to consummate it;

(g)
the Civil Partnership has not been consummated owing to the

wilful refusal of the respondent to consummate it.”.’.

Part 2 of the Equality Act 2010—belief about the nature of marriage

Charlotte Leslie

NC10

To move the following Clause:—

‘(1)
Part 2 of the Equality Act 2010 is amended as follows.

(2)
In section 4, at end add—

(3)



“belief about the nature of marriage”.

(4)
After section 12 insert the following clause—

“(12A)
In relation to the protected characteristic of belief about the nature of

marriage—

(a)
a reference to a person who has a particular protected

characteristic is a reference to a person who holds a particular

belief about the nature of marriage;

(b)
a reference to persons who share a protected characteristic is a

reference to persons who hold the same belief about the nature of

marriage.”.’.

The Equality Act 2010

Mr Rob Wilson

NC11

To move the following Clause:—

‘(1)
The Equality Act 2010 is amended as follows.

(2)
In section 149, after subsection 9, insert—

“(10)
No person shall suffer any detriment in respect of his opposition to same

sex marriage or the reasonable expression thereof, where that person’s

opposition to same sex marriage is—

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

(a)
motivated by his conscience; or

(b)
motivated by his deeply and genuinely held religious or

philosophical beliefs.”.’.

Registrars of marriages of same sex couples

Mr Rob Wilson

NC12

To move the following Clause:—

‘(1)
It is the duty of each registration authority to ensure that there is a sufficient

number of registrars for its area to carry out in that area the functions of a registrar

in respect of marriages of same sex couples.’.

The Human Rights Act 1998

Mr Rob Wilson

Tim Loughton

NC13

To move the following Clause:—

‘In section 13 of the Human Rights Act 1998 insert—

“(2A)
No duty to solemnize the marriage of a same sex couple according to the

rites of the Church of England shall be created by virtue of this Act or the

schedules thereto.”.’.

Civil partnerships: change of gender

Hugh Bayley

Stephen Gilbert

Stephen Williams

NC14

To move the following Clause:—

‘(1)
If one of the parties in a civil partnership changes their gender under the Gender

Recognition Act 2004, the civil partnership may continue, provided that both

parties so elect.

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

(2)
Subsection (1) applies only if a full gender recognition certificate is issued after

the civil partnership has been entered into.’.

Sanctions against clergy (prohibition)

Tim Loughton

Mr David Burrowes

Jim Shannon

Sir Gerald Howarth

Kwasi Kwarteng

NC15

To move the following Clause:—

‘No sanction may be imposed upon or discrimination exercised against any

member of the clergy who refuses to conduct a same sex marriage who—

(a)
is employed as a member of the armed forces;

(b)
is employed as a chaplain in the National Health Service; or

(c)
is employed by any other state institution or organisation.’.

Withholding of funds

Tim Loughton

Mr David Burrowes

Jim Shannon

Sir Gerald Howarth

Kwasi Kwarteng

NC16

To move the following Clause:—

‘No award of public funds for which religious organisations are otherwise eligible

shall be withheld on the grounds that those faith groups refuse or are prohibited

from conducting same sex marriages.’.

Applications for gender recognition certificates following the coming into force of this Act

Kate Green

NC17


To move the following Clause:—

‘An application for a gender recognition certificate under the Gender Recognition

Act 2004 made by a person who was married at the time that Act came into force,

has undergone surgical treatment for the purpose of modifying sexual

characteristics in the period since the coming into force of the 2004 Act and has

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

remained married shall be treated as if it was an application under section 27(3)

of the Gender Recognition Act 2004.’.

NEW SCHEDULE

Dr Julian Huppert

Kelvin Hopkins

Stephen Williams

NS1

To move the following Schedule:—

‘Consequential amendments—Marriage according to usages of approved

organisations


The following amendments are made to the Marriage Act 1949—

      (1)
In section 26 (marriages which may be solemnised on authority of

superintendent registrar’s certificate) in subsection (1) after paragraph (c) there

is inserted—

“(ca)
a marriage conducted under the auspices of an approved

organisation;”.

      (2)
In section 35 (marriages in registration district in which neither party resides)

after “the Society of Friends” there is inserted “or of an approved

organisation”.

      (3)
In section 43 (appointment of authorised persons) in subsection (3) after “the

Society of Friends” there is inserted “or of an organisation authorised by the

Registrar General under section 47A”.

      (4)
In section 50 (person to whom certificate to be delivered), in subsection (1)

after paragraph (d) there is inserted—

“(da)
if the marriage is to be solemnised according to the usages of an

approved organisation, a registering officer of that organisation”.

      (5)
After section 52, the following section is inserted—

“52A
Interpretation

In this Part of this Act “approved organisation” has the meaning given

to it in section 67.”.

      (6)
In section 53 (persons by whom marriages are to be registered), after paragraph

(b) there is inserted—

“(ba)
in the case of a marriage solemnised according to the usages of an

approved organisation, a registered officer of that organisation;”.

      (7)
In section 54 (provision of marriage register books by Registrar General), in

subsection (1) after the words “the Society of Friends,” there is inserted

“registering officer of every approved organisation”.

      (8)
In section 55 (manner of registration of marriages)—

(a)
in subsection (1) after the words “the Society of Friends” there is

inserted “or of an approved organisation”; and

(b)
in subsection (1)(b) after the words “the Society of Friends” there is

inserted “or of an approved organisation” and after the words “the said

Society” there is inserted “or organisation”.

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

      (9)
In section 57 (quarterly returns to be made to superintendent registrar), in

subsection (1) after the words “the Society of Friends” there is inserted “or of

an approved organisation”.

    (10)
In section 59 (custody of register books) after the words “the Society of

Friends” there is inserted “or of an approved organisation”.

    (11)
In section 60 (filled register books) in subsection (1), paragraph (b), after the

words “registering officer of the Society of Friends” there is inserted “or of an

approved organisation”; after the words “members of the Society of Friends”

there is inserted “or of the said organisation”, and after the words “the said

Society” there is inserted “or organisation”.

    (12)
In section 63 (searches in register books) after the words “the Society of

Friends” there is inserted “or of an approved organisation”.

    (13)
In section 67 (interpretation of Part IV), there are inserted in the list of

definitions the following—

““approved organisation” means an organisation approved by the Registrar

General under section 47A of this Act;” and

““registering officer of an approved organisation” means a person whom the

principal officer of the said organisation certifies in writing under his or

her hand to the Registrar General to be a registering officer in England or

Wales of that organisation;”;


and in the definition of “superintendent registrar” after paragraph (b) insert—

“(ba)
in the case of a marriage registered by a registering officer of an

approved organisation, the superintendent registrar of the registration

district which is assigned by the Registrar General to that registering

officer;”.

    (14)
In section 75 (offences relating to solemnisation of marriages) in subsection

(1), paragraph (a), after the words “the Society of Friends” there is inserted “or

of an approved organisation”; and in subsection (2), paragraph (a), after the

words “the Society of Friends” there is inserted “or of an approved

organisation”.’.

Dr Julian Huppert

Stephen Williams

1

Title,  line  4,  after ‘overseas’, insert ‘to permit the Registrar General to permit certain

charitable organisations to solemnise marriages.’.

Order of the House [5 February 2013]

That the following provisions shall apply to the Marriage (Same Sex Couples) Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 12 March 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

Consideration and Third Reading

4.
Proceedings on Consideration and Third Reading shall be taken in two days

in accordance with the following provisions of this Order.

5.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second day.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on the second day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [12 February 2013]

That—

(1)
the Committee shall (in addition to its first meeting at 8.00 am on Tuesday 12

February) meet—

(a)
at 2.00 pm on Tuesday 12 February;

(b)
at 11.30 am and 2.00 pm on Thursday 14 February;

(c)
at 8.55 am and 2.00 pm on Tuesday 26 February;

(d)
at 11.30 am and 2.00 pm on Thursday 28 February;

(e)
at 8.55 am and 2.00 pm on Tuesday 5 March;

(f)
at 11.30 am and 2.00 pm on Thursday 7 March; and

(g)
at 8.55 am and 2.00 pm on Tuesday 12 March;

(2)
the Committee shall hear oral evidence in accordance with the following

Table;

TABLE

Date
Time
Witness

Tuesday 12 February
Until no later than
Department for Culture,

9.00 am
Media and Sport;

Department for Education

Tuesday 12 February
Until no later than
The Church of England

9.45 am

Tuesday 12 February
Until no later than
The Catholic Bishops’

10.30 am
Conference of England and

Wales

Tuesday 12 February
Until no later than
The Church in Wales

11.00 am

Tuesday 12 February
Until no later than
Lord Pannick QC; Baroness

11.25 am
Kennedy of the Shaws QC

Tuesday 12 February
Until no later than
Stonewall; Lesbian and Gay

3.00 pm
Foundation; Gender

Identity Research and

Education Society

Tuesday 12 February
Until no later than
Liberal Judaism; Board of

3.45 pm
Deputies of British Jews

Tuesday 12 February
Until no later than
Out4Marriage

4.15 pm

Tuesday 12 February
Until no later than
Coalition for Marriage

4.45 pm

Tuesday 12 February
Until no later than
Professor Julian Rivers,

5.15 pm
University of Bristol Law

School

Thursday 14 February
Until no later than
The Religious Society of

12.15 pm
Friends (Quakers in

Britain); the General

Assembly of Unitarian and

Free Christian Churches

Thursday 14 February
Until no later than
The Methodist Church; the

1.00 pm
United Reformed Church

Thursday 14 February
Until no later than
Liberty; Equality and

2.45 pm
Human Rights

Commission; The Co-

operative Group

Thursday 14 February
Until no later than
Schools OUT; PHSE

3.15 pm
Association

Thursday 14 February
Until no later than
The Very Reverend Jeffrey

3.45 pm
John, Dean of St Albans;

Alice Arnold, broadcaster

Thursday 14 February
Until no later than
Brendan O’Neill, journalist;

4.15 pm
Mark Jones, partner at

Ormerods Solicitors

Public Bill Committee: 5 March 2013
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Marriage (Same Sex Couples) Bill, continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 10; Schedule 2;

Clause 11; Schedules 3 and 4; Clause 12; Schedule 5; Clause 13; Schedule 6;

Clause 14; Schedule 7; Clauses 15 to 18; new Clauses; new Schedules;

remaining proceedings on the Bill; and

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 12 March.



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