House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

25

House of Commons

Tuesday 12 March 2013

Public Bill Committee Proceedings

Marriage (Same Sex Couples) Bill

[Thirteenth and Fourteenth Sittings]

Mr David Burrowes

Jim Shannon

Tim Loughton

Withdrawn  40

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).

Public Bill Committee Proceedings: 12 March 2013
26

Marriage (Same Sex Couples) Bill, continued

(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).’.

Clause Agreed to.

Clause 16 Agreed to.

Jim Shannon

Tim Loughton

Mr David Burrowes

Not called  45

Clause  17,  page  14,  line  3,  leave out subsection (3).

Clause Agreed to.

Clause 18 Agreed to.

New Clauses

Part 1 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

Charlotte Leslie

Tim Loughton

Negatived on division  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 Proceedings: 12 March 2013
27

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

Tim Loughton

Not moved  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

Negatived on division  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.

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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.’.

Conscientious objection

Mr David Burrowes

Tim Loughton

Jim Shannon

Negatived on division  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.

Public Bill Committee Proceedings: 12 March 2013
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Marriage (Same Sex Couples) Bill, continued

(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

Not called  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

Not called  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

Not called  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.”.’.

Public Bill Committee Proceedings: 12 March 2013
30

Marriage (Same Sex Couples) Bill, continued

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

Charlotte Leslie

Not called  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

Not called  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

Not called  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 Proceedings: 12 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

Not called  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

Not called  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

Not called  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.



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