House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

17

House of Commons

Thursday 7 March 2013

Public Bill Committee Proceedings

Marriage (Same Sex Couples) Bill

[ElevenTH AND TwelfTH SITTINGS]

Mr David Burrowes

Tim Loughton

Jim Shannon

Negatived on division  49

Clause  9,  page  9,  line  5,  at end insert—

‘(1A)
Such a procedure must include a ceremony which reflects the requirements of

Section 1(2).’.

Mr David Burrowes

Tim Loughton

Jim Shannon

Not called  50

Clause  9,  page  9,  line  8,  at end insert—

‘(2A)
Such a procedure must include a ceremony which reflects the requirements of

Section 1(2).’.

Dr Julian Huppert

Not selected  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.’.

Clause Agreed to.

Clause 10 Agreed to.

Public Bill Committee Proceedings: 7 March 2013
18

Marriage (Same Sex Couples) Bill, continued

Jim Shannon

Mr David Burrowes

Tim Loughton

Withdrawn  41

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

Jim Shannon

Tim Loughton

Mr David Burrowes

Not called  46

Schedule  2,  page  21,  line  41,  leave out ‘, or by virtue of paragraph 2,’.

Jim Shannon

Tim Loughton

Mr David Burrowes

Not called  47

Schedule  2,  page  21,  line  42,  leave out ‘or 2(2)’.

Jim Shannon

Tim Loughton

Mr David Burrowes

Not called  48

Schedule  2,  page  22,  line  28,  leave out sub-sub-paragraph (b).

Schedule 2 Agreed to.

Mr David Burrowes

Jim Shannon

Tim Loughton

Withdrawn  39

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

Mr David Burrowes

Tim Loughton

Jim Shannon

Not called  61

Clause  11,  page  10,  line  41,  leave out subsection (1) and insert—

‘(1)
In this Act—

(a)
references to “marriage” in relation to same sex couples shall be changed

to “union”.

(b)
in the law of England and Wales, “union” has the same effect in relation

to same sex couples as “marriage” has in relation to opposite sex

couples.’.

Clause 11 Agreed to.

Public Bill Committee Proceedings: 7 March 2013
19

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

Not selected  44

Schedule  3,  page  23,  leave out from line 30 to line 29 on page 24.

Schedule 3 Agreed to.

Mr David Burrowes

Jim Shannon

Tim Loughton

Withdrawn  42

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

Mr Rob Wilson

Not selected  37

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

Mr Rob Wilson

Not selected  38

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

Kate Green

Chris Bryant

Withdrawn  56

Schedule  4,  page  33,  line  40,  leave out paragraph 15 and insert—

‘15(1)
Schedule 9 of the Equality Act 2010 (work: exceptions) is amended as follows.

      (2)
Omit sub-paragraph 18(1).’.

Kate Green

Withdrawn  62

Schedule  4,  page  34,  line  4,  at end insert—

‘(c)
a woman who is married to a woman who is her spouse where—

(i)
the spouse is a woman by virtue of a full gender recognition

certificate having been issued under the Gender Recognition

Act 2004, and

(ii)
the marriage subsisted before the time when that certificate

was issued.’.

Kate Green

Not called  64

Schedule  4,  page  34,  line  21,  at end insert—

  ‘(2A)
In subsection (3) after “widow’s”, insert “or a survivor same sex spouse’s,

where within (4C) below,”.’.

Kate Green

Not called  63

Schedule  4,  page  34,  line  22,  leave out ‘after “partner’s” insert “or surviving same

sex spouse’s”.’ and insert ‘—

Public Bill Committee Proceedings: 7 March 2013
20

Marriage (Same Sex Couples) Bill, continued

(a)
after “partner’s” insert “or surviving same sex spouse’s”;

(b)
at end insert “but this limitation does not apply to a surviving same sex

spouse by virtue of gender recognition as defined in (4C) below.”.’.

Kate Green

Not called  65

Schedule  4,  page  34,  line  22,  at end insert—

  ‘(3A)
After subsection (4B) insert—

“(4C)
A surviving same sex spouse is ‘a same sex spouse by virtue of

gender recognition’ where she was married to—

(a)
a spouse who was a woman by virtue of a full gender

recognition certificate having been issued under the Gender

Recognition Act 2004, and

(b)
the marriage subsisted before the time when that certificate

was issued.”.’.

Kate Green

Not called  66

Schedule  4,  page  34,  line  29,  leave out ‘is a man married to a woman, and the

earner’ and insert ‘is a man married to a woman, or a woman within (4) below who is

married to a woman, and the earner’.

Kate Green

Not called  67

Schedule  4,  page  34,  line  32,  leave out ‘is a married woman, a man married to a

man, or a civil partner, and the earner dies’ and insert ‘is a married woman except within

(4) below, a man married to man, or a civil partner, and the earner dies’.

Kate Green

Not called  68

Schedule  4,  page  34,  line  34,  at end insert—

    ‘(4)
A woman by virtue of a full gender recognition certificate having been issued

under the Gender Recognition Act 2004, whose marriage subsisted before the

time when that certificate was issued.’.

Kate Green

Not called  69

Schedule  4,  page  34,  line  35,  leave out ‘, in subsection (4), for “widower or

surviving civil partner of an earner” substitute “widower of a female earner, the survivor

of a marriage with an earner of the same sex, or the survivor of a civil partnership with an

earner,”.’ and insert ‘—

(a)
in subsection (4), for “widower or surviving civil partner of an earner”

substitute “widower of a female earner, the survivor of a marriage with

an earner of the same sex, or the survivor of a civil partnership with an

earner,”;

(b)
at the end insert—

  “(5)
The limitation in subsection 4 shall not apply to the

survivor of a marriage with an earner of the same sex in

which the survivor was married to—

(a)
a spouse who was a woman by virtue of a full

gender recognition certificate having been issued

under the Gender Recognition Act 2004, and

Public Bill Committee Proceedings: 7 March 2013
21

Marriage (Same Sex Couples) Bill, continued

(b)
the marriage subsisted before the time when that

certificate was issued.”.’.

Schedule Agreed to.

Clause 12 Agreed to.

Dr Julian Huppert

Not selected  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

Not selected  6

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

Hugh Bayley

Kate Green

Chris Bryant

Negatived on division  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:

Public Bill Committee Proceedings: 7 March 2013
22

Marriage (Same Sex Couples) Bill, continued

      (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

(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

Not selected  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.’.

Schedule Agreed to.

Clause 13 Agreed to.

Schedule 6 Agreed to.

Clause 14 Agreed to.

Public Bill Committee Proceedings: 7 March 2013
23

Marriage (Same Sex Couples) Bill, continued

Dr Julian Huppert

Not selected  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

Not called  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

Negatived on division  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

Not called  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.”.’.



© Parliamentary copyright	Revised 8 March 2013