House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

63

House of Commons

Thursday 28 February 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Marriage (Same Sex Couples) Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [12 February].

Kate Green

Chris Bryant

9

Clause  2,  page  2,  line  9,  after ‘compelled’, insert ‘by a couple who wish to be

married’.

Mr David Burrowes

Tim Loughton

Jim Shannon

34

Clause  2,  page  2,  line  22,  at end insert—

‘(3A)
No person shall be subject to discrimination or other unfavourable action in the

course of employment or in the provision of goods or services for stating or

teaching that a same sex marriage is not morally equivalent to a marriage between

a man and a woman.

(3B)
Where a person alleges in any proceedings that there has been discrimination or

other unfavourable action against him for reasons which include that he has stated

or taught that a same sex marriage is not morally equivalent to a marriage between

a man and a woman, it shall be for the person against whom those proceedings

are brought to prove that the reasons for the action constituting the alleged

discrimination or other unfavourable treatment did not include those statements

or teaching regarding same sex marriage.

(3C)
The reference in subsection (3A) above to discrimination or other unfavourable

action in the course of employment or in the provision of goods or service

includes—

Public Bill Committee: 28 February 2013
64

Marriage (Same Sex Couples) Bill, continued

(a)
discriminating by not concluding a contract of employment with the

person stating or teaching that a same sex marriage is not morally

equivalent to a marriage between a man and a woman,

(b)
discriminating by not concluding a contract for the provision of goods or

services with the person stating or teaching that a same sex marriage is

not morally equivalent to a marriage between a man and a woman,

(c)
not offering a benefit, whether financial or not, to the person stating or

teaching that a same sex marriage is not morally equivalent to a marriage

between a man and a woman that is or would be offered to a person

stating or teaching that a same sex marriage is morally equivalent to a

marriage between a man and a woman.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

24

Clause  2,  page  3,  line  16,  at end insert—

‘“compelled” includes, but is not limited to, the following activities:

(a)
the imposition of any penalties (whether civil or criminal),

(b)
the less favourable treatment of a person by a public authority,

and

(c)
the intitiation of any legal action by way of a review,

in each case as a result of the exercise by a relevant governing or relevant

religious organisation of functions relating to giving any consent or to

refusing to give any consent provided for in sections 2, 4, 5, or 7 of this

Act.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

25

Clause  2,  page  3,  line  21,  leave out subsection (b).

Mr David Burrowes

Tim Loughton

Jim Shannon

26

Clause  2,  page  4,  line  13,  at end insert—

“Marriage counselling etc.

25B(1)
A person does not contravene section 29 only because the person conducts—

(a)
a marriage preparation course,

(b)
a marriage counselling or guidance service, or

(c)
an agency to help people find a spouse,


and does not extend those services to marriages of same-sex couples.’.

Public Bill Committee: 28 February 2013
65

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

27

Clause  2,  page  4,  line  13,  at end insert—

‘Marriage according to religious rites: Opt-in and opt-out activity

25B(1)
A person does not contravene section 29 only because the person—

(a)
refrains from undertaking an opt-in activity, or

(b)
undertakes an opt-out activity.

      (2)
Expressions used in this paragraph and in section 2 of the Marriage (Same Sex

Couples) Act 2013 have the same meaning in this paragraph as in that

section.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

28

Clause  2,  page  4,  line  13,  at end insert—

‘Religious premises: Trustees

25B(1)
A person who is the trustee of a trust for the advancement of religion does not

contravene section 29 only because he refuses to consent to premises owned or

controlled by the trust being used for marriages of same sex couples.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

29

Clause  2,  page  4,  line  13,  at end insert—

‘(6)
For the purposes of section 149 of the Equality Act 2010, no regard may be had

by any public authority to any decision by a relevant governing authority or

relevant religious organisation to give any consent or to refuse to give any consent

provided for in sections 2, 4, 5, or 7 of this Act’.

Chris Bryant

43


Schedule  1,  page  18,  line  7,  leave out from beginning to end of line 12.

Kate Green

Chris Bryant

Stephen Williams

Stephen Doughty

2

Clause  8,  page  8,  line  17,  leave out ‘may’ and insert ‘shall’.

Public Bill Committee: 28 February 2013
66

Marriage (Same Sex Couples) Bill, continued

Kate Green

Chris Bryant

Stephen Williams

Stephen Doughty

3

Clause  8,  page  8,  line  20,  leave out ‘may’ and insert ‘shall’.

Dr Julian Huppert

7

Clause  9,  page  10,  line  24,  at end insert—

‘(9)
Where a civil partnership formed under part 1, section 96 of the Civil Partnership

Act (Civil Partnership with former spouse) is converted into a marriage under this

section—

(a)
the civil partnership ends on the conversion, and

(b)
if both partners so elect, the resulting marriage is to be treated as having

subsisted since the marriage dissolved under Schedule 2 of the Gender

Recognition Act 2004 was formed.’.

Mr David Burrowes

Jim Shannon

Tim Loughton

41


Schedule  2,  page  21,  line  29,  leave out paragraph 2.

Mr David Burrowes

Jim Shannon

Tim Loughton

39


Clause  11,  page  10,  line  41,  leave out subsections (1) and (2).

Mr David Burrowes

Jim Shannon

Tim Loughton

42


Schedule  4,  page  26,  line  9,  leave out paragraphs 3 and 4.

Mr Rob Wilson

37


Schedule  4,  page  26,  line  14,  leave out sub-paragraph (2).

Public Bill Committee: 28 February 2013
67

Marriage (Same Sex Couples) Bill, continued

Mr Rob Wilson

38


Schedule  4,  page  26,  line  21,  leave out sub-paragraph (3).

Dr Julian Huppert

5

Schedule  5,  page  36,  leave out lines 10 to 37 and insert—


‘Section 4 (successful applications): for subsections (2) and (3) substitute—

  “(2)
The certificate is to be a full gender recognition certificate if—

(a)
the applicant is not a civil partner and does not request an

interim gender recognition certificate,

(b)
or the applicant is a civil partner who does not request an

interim gender recognition certificate and the Panel has

decided to issue a full gender recognition certificate to the

other party to the civil partnership.

      (3)
The certificate is to be an interim gender recognition certificate if

either—

(a)
the applicant is a party to a protected civil partnership and

the other party to the civil partnership has not made an

application under section 1(1),

(b)
the applicant is a party to a protected civil partnership and

the Panel has decided not to issue a full gender recognition

certificate to the other party to the civil partnership,

(c)
or the applicant is party to a protected marriage, requests an

interim gender recognition certificate and the application

includes a statutory declaration of consent from the

applicant’s spouse.

    (3A)
If a gender recognition panel issues a full gender recognition

certificate under this section to an applicant who is a party to a

marriage or civil partnership, the panel must give the applicant’s

spouse notice of the issue of the certificate.”.’.

Dr Julian Huppert

6

Schedule  5,  page  39,  line  39,  leave out ‘(by virtue of section 4(2)(b) or 4A)’.

Hugh Bayley

13

Schedule  5,  page  40,  line  18,  at end insert—

‘Reinstatement of marriages annulled to permit a person to obtain a gender recognition

certificate

9A
Schedule 4 (Effect on Marriage) at beginning insert:

      (1)
This section applies to a formerly married couple whose marriage was

annulled in order to permit one or both partners to that marriage to obtain a full

gender recognition certificate provided that:

(a)
the marriage was annulled following the coming into force of the

Gender Recognition Act 2004, and

Public Bill Committee: 28 February 2013
68

Marriage (Same Sex Couples) Bill, continued

(b)
the formerly married couple either:

(i)
formed a civil partnership with each other within six months

of the annulment of their marriage, and continue to maintain

their civil partnership, or

(ii)
have continued to live together in the same household since

the annulment of their marriage, and

(iii)
both partners to the former marriage give notice that they wish

their marriage to be reinstated - with effect from the date that

it was annulled.

      (2)
When notice is given under section (1)(b)(iii), the marriage shall be reinstated

with effect from the date it was annulled.

      (3)
In such circumstances the continuity of the marriage shall not be affected in

any way and all legal rights that accrued to either party to that marriage will be

reinstated - including the right to pensions, tax status in the UK, rights to

property and inheritance.

      (4)
In those cases where the couple subsequently formed a civil partnership, the

civil partnership shall be set aside.

      (5)
The couple whose marriage is reinstated shall be compensated from public

funds for the costs they incurred in annulling the marriage, seperating their

financial affairs, forming a civil parthership and in respect of their costs

incurred in the UK or abroad as a result of the annulmen tof their marriage.”.’.

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).’.

Public Bill Committee: 28 February 2013
69

Marriage (Same Sex Couples) Bill, continued

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

Jim Shannon

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—

“(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—



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