House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26 February 2013
50

Marriage (Same Sex Couples) Bill, continued

Dr Julian Huppert

8

Schedule  5,  page  40,  leave out lines 30 to 31 and insert—

‘(a)
the registration of qualifying marriages,

(b)
the registration of qualifying civil partnerships,

(c)
the issue of replacement marriage certificates displaying the new

details of the parties to the marriage but maintaining the original date,

(d)
the issue of replacement birth certificates where the application is

shown on the certificate, with the consent of the other parent named

and—

(i)
where the child has reached 16 years of age, the consent of the

child to whom the birth certificate relates,

(ii)
where the child has not yet reached the age of 16 years, the

consent of the other parent named on the birth certificate,

where present.’.

Hugh Bayley

14

Schedule  5,  page  41,  line  5,  after ‘to’, insert ‘one or’.

Dr Julian Huppert

4

Schedule  7,  page  50,  line  37,  at end insert—

‘(24A)
Section 12 (grounds on which a marriage is voidable): omit paragraph (h).’.

Mr David Burrowes

Tim Loughton

Jim Shannon

30

Schedule  7,  page  52,  line  26,  at end insert—

‘Human Rights Act 1998. (c.42)

42
The Human Rights Act 1998 is amended as follows.

43
Section 6: after subsection 3 insert—

“(3A)
A “public authority” for the purposes of this section does not include

a relevant governing authority or relevant religious organisation in

respect of functions relating to giving any consent or to refusing to

give any consent provided for in sections 2, 4, 5, or 7 of the [Marriage

(Same Sex Couples)] Act 2013.”.’.

Mr David Burrowes

Tim Loughton

31

Schedule  7,  page  52,  line  26,  at end insert—

‘42
The Education Act 1996 is amended as follows.

43
Section 403 (sex education: manner of provision), after subsection (1D)

insert—

Public Bill Committee: 26 February 2013
51

Marriage (Same Sex Couples) Bill, continued

“(1E)
For the purposes of subsection (1A), no school shall be under any duty as a result

of guidance issued, to promote or endorse any understanding of the nature of

marriage that is contrary to the character and designation of the school.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

32

Schedule  7,  page  52,  line  26,  at end insert—

‘Public Order Act 1986

42  (1)
Section 29JA is amended as follows.

43  (2)
For section 29JA there shall be subsituted the following—

“29JA
Protection of freedom of expression (sexual orientation)


In this Part, for the avoidance of doubt, the discussion or criticism

of sexual conduct or practices or the urging of persons to refrain

from or modify such conduct or practices or the discussion or

criticism of same-sex marriage shall not be taken of itself to be

threatening or intend to stir up hatred.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

33

Schedule  7,  page  52,  line  26,  at end insert—

‘42(1)
Section 89 (interpretation and exceptions): After subsection (1) insert—

“(1A)
For the avoidance of doubt, the discussion or criticism of sexual

conduct or practices or the discussion or criticism of same-sex

marriage shall not be taken of iteslf to be discrimination for the

purposes of section 85.”.’.

New Clauses

Part 1 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

Charlotte Leslie

NC1

To move the following Clause:—

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

(2)
In section 1, subsection (1), leave out “of the same sex”.’.

Public Bill Committee: 26 February 2013
52

Marriage (Same Sex Couples) Bill, continued

Part 2 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

Charlotte Leslie

NC2

To move the following Clause:—

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

(2)
In section 3, subsection (1), after “if—”, leave out—

“(a)
they are not of the same sex”.’.

Marriages according to usages of approved organisations

Dr Julian Huppert

Stephen Williams

Kelvin Hopkins

NC3

To move the following Clause:—

‘(1)
In the Marriage Act 1949, after section 47, insert the following section—

“47A
Marriages according to usages of approved organisations

(1)
The Registrar General may by certificate approve organisations to

solemnise marriages according to their usages provided that any such

organisation—

(a)
is a registered charity concerned with advancing or practising a

religion or belief, including a non-religious belief;

(b)
does not possess or have the use of any registered place of

worship; and

(c)
appears to the Registrar General to be of good repute.

(2)
In the certificate referred to in subsection (1) the Registrar General shall

designate an officer of the organisation (“the principal officer”) to

appoint persons for stated periods of time to act as registering officers on

behalf of the organisation, and may impose such conditions as seem to

him or her to be desirable relative to the conduct of marriages by the

organisation and to the safe custody of marriage register books.

(3)
The principal officer shall, within the prescribed time and in the

prescribed manner, certify the names and addresses of the persons so

appointed to the Registrar General and to the superintendent registrars of

the registration districts in which such persons live, together with such

other details as the Registrar General shall require.

(4)
A marriage shall not be solemnised according to the usages of an

approved organisation until duplicate marriage register books have been

supplied by the Registrar General under Part IV of this Act to the

registering officers appointed to act on behalf of the organisation.

Public Bill Committee: 26 February 2013
53

Marriage (Same Sex Couples) Bill, continued

(5)
If the Registrar General is not satisfied with respect to any registering

officer of the approved organisation that sufficient security exists for the

safe custody of marriage register books, he or she may in his or her

discretion suspend the appointment of that registering officer.

(6)
A marriage to which this section applies shall be solemnised with open

doors in the presence of either—

(a)
a registrar of the registration district in which the marriage takes

place; or

(b)
a registering officer appointed under subsection (2) whose name

and address have been certified in accordance with subsection

(3) and of two witnesses;

and the persons to be married shall make the declarations and use the

form of words set out in subsection (3) or (3A) of section 44.

(7)
A marriage solemnised according to the usages of an approved

organisation shall not be valid unless there is produced to the

superintendent registrar, at the time when notice of marriage is given, a

certificate signed by the principal officer or a registering officer of the

approved organisation that each person giving notice of marriage is a

member of the said organisation.

(8)
A certificate under subsection (7) shall be for all purposes conclusive

evidence that any person to whom it relates is authorised to be married

according to the usages of the said organisation and the entry of the

marriage in a marriage register book under Part IV of this Act, or a

certified copy thereof made under the said Part IV, shall be conclusive

evidence of the production of such a certificate.”.

(2)
Schedule [Consequential amendments—Marriage according to usages of

approved organisations] has effect.’.

Civil partnerships for opposite sex couples

Hugh Bayley

NC4

To move the following Clause:—

‘(1)
Any couple of opposite sex who are entitled to marry may instead apply for and

be granted a civil partnership in the same way as a same sex couple under the

Civil Partnership Act 2004.

(2)
Section 9 of this Act shall apply to the conversion of a marriage into a civil

partnership as it does to conversion of civil partnership into a marriage.’.

Public Bill Committee: 26 February 2013
54

Marriage (Same Sex Couples) Bill, continued

Conscientious objection

Mr David Burrowes

Tim Loughton

Jim Shannon

NC5

To move the following Clause:—

‘(1)
No person shall be under any duty, whether by contract or by statutory or other

legal requirement, to conduct a marriage to which he has a concientious

objection.

(2)
For the purposes of this section, a “conscientious objection” exists where the

refusal to conduct a marriage is only that it concerns a same sex couple, and is

based on the person’s sincerely held religious or other beliefs.

(3)
This section is without prejudice to the duty of a registration authority to ensure

that there is a sufficient number of registrars and superintendent registrars for its

area to carry out in that area the functions of registrars and superintendents.

(4)
In any legal proceedings the burden of proof of conscientious objection shall rest

on the person claiming to rely on it.’.

Existing charitable trust deeds

Mr David Burrowes

Tim Loughton

Jim Shannon

NC6

To move the following Clause:—

‘A charitable trust deed which includes in its objects, directly or indirectly, the

promotion of marriage or the provision of marriage counselling is not extended

by this Act to marriages of same-sex couples.’.

Education: Parental right of withdrawal

Mr David Burrowes

Tim Loughton

Jim Shannon

NC7

To move the following Clause:—

‘In the event that a school teaches about same-sex marriage in a way which

conflicts with the beliefs of a parent, that parent shall have a right to withdraw

their child from the lesson or lessons in which that teaching takes place,

regardless of whether the lesson is deemed to constitute sex education.’.

Public Bill Committee: 26 February 2013
55

Marriage (Same Sex Couples) Bill, continued

Part 2 of the Civil Partnership Act 2004—adultery

Charlotte Leslie

NC8


To move the following Clause:—

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

(2)
In section 44, subsection (5), at end add—

“(e)
that the respondent has committed adultery and the applicant

finds it intolerable to live with the respondent.”.’.

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;

Public Bill Committee: 26 February 2013
56

Marriage (Same Sex Couples) Bill, continued

(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)
After Clause 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—

(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.’.



© Parliamentary copyright	Revised 26 February 2013