Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 28 February 2013                  

70

 

Marriage (Same Sex Couples) Bill, continued

 
 

“(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.”.’.

 


 

Mr David Burrowes

 

Jim Shannon

 

Tim Loughton

 

40

 

Parliamentary Star - white    

Clause  15,  page  12,  line  11,  leave out subsections (2) and (3) and insert—

 

‘(2)    

The following subordinate legislation may not be made unless a draft of the

 

statutory instrument containing the legislation has been laid before, and approved

 

by resolution of, each House of Parliament—

 

(a)    

an order under section 8;

 

(b)    

an order under section 14(1) or (2);

 

(c)    

an order under paragraph 1 or 2 of Schedule 2;

 

(d)    

an order under section 11(5)(c);

 

(e)    

an order under paragraph 2 of Schedule 2;

 

(f)    

an order under paragraph 24 of Schedule 4.

 

(2A)    

Before the Secretary of State makes an order under subsection (2) he must consult

 

such other persons as appear to him to be likely to be affected by his proposals.

 

(2B)    

If, following consultation under the provisions in subsection (2A), the Secretary

 

of State proposes to make an order under subsection (2) he must lay before each

 

House of Parliament a document which—

 

(a)    

explains his proposals;

 

(b)    

sets them out in the form of a draft order; and

 

(c)    

gives details of consultation under subsection (2A).

 

(2C)    

Where a document relating to proposals is laid before Parliament under

 

subsection (2B), no draft of an order under subsection (2) to give effect to the

 

proposals (with or without modifications) is to be laid before Parliament until

 

after the expiry of the period of 60 days beginning with the day on which the

 

document was laid.

 

(2D)    

In calculating the period mentioned in subsection (2C) no account is to be taken

 

of any time during which—

 

(a)    

Parliament is dissolved or prorogued; or

 

(b)    

either House is adjourned for more than four days.

 

(2E)    

In preparing a draft order under subsection (2) the Secretary of State must

 

consider any representations made during the period mentioned in subsection

 

(2C).

 

(2F)    

A draft order under subsection (2) which is laid before Parliament must be

 

accompanied by a statement of the Secretary of State giving details of—

 

(a)    

any representations considered in accordance with subsection (2E); and

 

(b)    

any changes made to the proposals contained in the document laid before

 

Parliament under subsection (2B).’.

 



 
 

Public Bill Committee: 28 February 2013                  

71

 

Marriage (Same Sex Couples) Bill, continued

 
 

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”.’.

 


 

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;


 
 

Public Bill Committee: 28 February 2013                  

72

 

Marriage (Same Sex Couples) Bill, continued

 
 

(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.

 

(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.’.

 



 
 

Public Bill Committee: 28 February 2013                  

73

 

Marriage (Same Sex Couples) Bill, continued

 
 

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.’.

 


 

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.’.

 



 
 

Public Bill Committee: 28 February 2013                  

74

 

Marriage (Same Sex Couples) Bill, continued

 
 

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.’.

 


 

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.”.’.

 



 
 

Public Bill Committee: 28 February 2013                  

75

 

Marriage (Same Sex Couples) Bill, continued

 
 

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—

 

(a)    

motivated by his conscience; or

 

(b)    

motivated by his deeply and genuinely held religious or

 

philosophical beliefs.”.’.

 



 
 

Public Bill Committee: 28 February 2013                  

76

 

Marriage (Same Sex Couples) Bill, continued

 
 

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

 

 

Parliamentary Star - white    

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.”.’.

 


 

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”.


 
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Revised 28 February 2013