House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 20 May 2013
8

Marriage (Same Sex Couples) Bill, continued

Education Act 1996: nature of marriage

John Mann

Not selected  NC19

To move the following Clause:—

‘(1)
Section 403 of the Education Act 1996 (sex education: manner of provision) is

amended as follows.

(2)
In section (1A), leave out paragraph (a).’.

Amendments to Clause 2 other than amendments to the definition of

‘relevant marriage’ in subsection (4), amendments to clause 8, and

amendments to Schedule 7 relating to section 403 of the education act

1996

Mr David Burrowes

Tim Loughton

Jim Shannon

Fiona Bruce

Craig Whittaker

Mr Edward Leigh

Sir Gerald Howarth

Geoffrey Clifton-Brown

Mr William Cash

Mr Peter Bone

John Glen

Andrew Selous

Jeremy Lefroy

Mr Stewart Jackson

Mr Nigel Dodds

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Sir Alan Beith

Philip Davies

Karl McCartney

Mr Julian Brazier

Miss Anne McIntosh

Richard Drax

Heather Wheeler

Peter Aldous

Gordon Henderson

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Charlotte Leslie

Steve Baker

Mr Andrew Turner

Harriett Baldwin

Mr Dominic Raab

Not called  2

Clause  2,  page  3,  leave out lines 21 and 22.

Secretary Maria Miller

Simon Hughes

Agreed to  23

Clause  2,  page  3,  line  43,  at end insert—

‘( )
In section 110 of the Equality Act 2010 (liability of employees and agents), after

subsection (5) insert—

“(5A)
A does not contravene this section if A—

(a)
does not conduct a relevant marriage,

(b)
is not present at, does not carry out, or does not otherwise

participate in, a relevant marriage, or

(c)
does not consent to a relevant marriage being conducted,


for the reason that the marriage is the marriage of a same sex couple.

(5B)
Subsection (5A) applies to A only if A is within the meaning of “person”

for the purposes of section 2 of the Marriage (Same Sex Couples) Act

Report Stage Proceedings: 20 May 2013
9

Marriage (Same Sex Couples) Bill, continued

2013; and other expressions used in subsection (5A) and section 2 of that

Act have the same meanings in that subsection as in that section.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

Fiona Bruce

Craig Whittaker

Mr Stewart Jackson

Mr Edward Leigh

Dr Matthew Offord

Sir Gerald Howarth

Geoffrey Clifton-Brown

Mr William Cash

Mr Peter Bone

John Glen

Andrew Selous

Jeremy Lefroy

Mr Nigel Dodds

Dr William McCrea

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Mark Durkan

Sir Alan Beith

Sir James Paice

Philip Davies

Karl McCartney

Greg Mulholland

Richard Drax

Heather Wheeler

Peter Aldous

Gordon Henderson

Mr Julian Brazier

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Charlotte Leslie

Steve Baker

Mr Andrew Turner

Ms Margaret Ritchie

John Hemming

Not selected  5

Clause  2,  page  3,  line  43,  at end insert—

‘(4A)
For the purposes of this Act “compelled” includes, but is not limited to—

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

(b)
the imposition of any criminal or civil penalty, and

(c)
any legal proceedings against a person,


as a result of a decision not to opt-in, conduct, be present at, carry out, participate

in, or consent to the taking place of, relevant marriages.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

Fiona Bruce

Craig Whittaker

Mr Stewart Jackson

Mr Edward Leigh

Dr Matthew Offord

Sir Gerald Howarth

Geoffrey Clifton-Brown

Mr William Cash

Mr Peter Bone

John Glen

Andrew Selous

Jeremy Lefroy

Mr Nigel Dodds

Dr William McCrea

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Sir Alan Beith

Sir James Paice

Philip Davies

Karl McCartney

Mr Julian Brazier

Miss Anne McIntosh

Richard Drax

Heather Wheeler

Peter Aldous

Gordon Henderson

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Charlotte Leslie

Mark Durkan

Steve Baker

Mr Andrew Turner

Ms Margaret Ritchie

Harriett Baldwin

Mr Dominic Raab

Not called  4

Clause  2,  page  4,  line  10,  at end insert—

  ‘(1A)
For the avoidance of doubt, a person does not provide a service or exercise a

public function when the person—

Report Stage Proceedings: 20 May 2013
10

Marriage (Same Sex Couples) Bill, continued

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

(b)
undertakes an opt-out activity.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

Fiona Bruce

Craig Whittaker

Mr Stewart Jackson

Mr Edward Leigh

Dr Matthew Offord

Sir Gerald Howarth

Geoffrey Clifton-Brown

Mr Peter Bone

John Glen

Andrew Selous

Jeremy Lefroy

Mr Nigel Dodds

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Mr William Cash

Sir Alan Beith

Sir James Paice

Philip Davies

Karl McCartney

Mr Julian Brazier

Miss Anne McIntosh

Greg Mulholland

Richard Drax

Heather Wheeler

Peter Aldous

Gordon Henderson

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Charlotte Leslie

Mark Durkan

Steve Baker

Mr Andrew Turner

Ms Margaret Ritchie

Harriett Baldwin

Mr Dominic Raab

Simon Hughes

Not called  3

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 religious organisation not to opt-in,

conduct, be present at, carry out, participate in, or consent to the taking place of,

relevant marriages.’.

Secretary Maria Miller

Agreed to  24

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

Report Stage Proceedings: 20 May 2013
11

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

Fiona Bruce

Craig Whittaker

Mr Stewart Jackson

Mr Edward Leigh

Dr Matthew Offord

Sir Gerald Howarth

Geoffrey Clifton-Brown

Mr William Cash

Mr Peter Bone

John Glen

Andrew Selous

Jeremy Lefroy

Mr Nigel Dodds

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Sir Alan Beith

Sir James Paice

Philip Davies

Karl McCartney

Mr Julian Brazier

Miss Anne McIntosh

Greg Mulholland

Richard Drax

Heather Wheeler

Peter Aldous

Gordon Henderson

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Charlotte Leslie

Mark Durkan

Steve Baker

Mr Andrew Turner

Ms Margaret Ritchie

Not selected  1

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

‘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)—

(a)
no school shall be under any duty as a result of the guidance

issued to promote or endorse an understanding of the nature of

marriage and its importance for family life and the bringing up

of children, that runs contrary to the designated religious

character of the school.

(b)
this subsection is without prejudice to any guidance issued by

the Secretary of State regarding the legal status of

marriage.”.’.

new clauses relating to civil partnership or other kinds of legally

recognised relationships between persons, amendments to clause 1,

amendments to part 3 of schedule 4, new clauses relating to

referendums, and amendments to clause 18

Review of civil partnership

Secretary Maria Miller

Read a second time on division  NC16

To move the following Clause:—

‘(1)
The Secretary of State must arrange—

(a)
for the operation and future of the Civil Partnership Act 2004 in England

and Wales to be reviewed, and

(b)
for a report on the outcome of the review to be produced and published.

(2)
Subsection (1) does not prevent the review from also dealing with other matters
5
relating to civil partnership.

Report Stage Proceedings: 20 May 2013
12

Marriage (Same Sex Couples) Bill, continued

(3)
The arrangements made by the Secretary of State must provide for the review to

begin as soon as practicable after the end of the five year post-commencement

period.

(4)
The Secretary of State is not required by this section to arrange a review if, within
10
the five year post-commencement period, the Secretary of State has already

arranged a review which, in the Secretary of State’s view, deals with the same

matters as the review required by this section.

(5)
Arrangements under this section may provide for the Secretary of State or one or

more other persons to undertake the review, produce the report, or publish the
15
report.

(6)
In this section “five year post-commencement period” means the period of five

years beginning with the day on which this Act is passed.’.

As an Amendment to Secretary Maria Millers’s proposed New Clause (Review of civil

Partnership) (NC16):—

Kate Green

Agreed to  (a)

Line  8,  leave out from ‘practicable’ to end of Clause, and insert ‘and include a

full public consultation.’.

Part 1 of the Civil Partnership Act 2004

Tim Loughton

Caroline Lucas

Craig Whittaker

Mr Stewart Jackson

Mark Durkan

Greg Mulholland

Charlotte Leslie

Mr Christopher Chope

Steve Baker

John Hemming

Simon Hughes

Negatived on division  NC10

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”.’.

Report Stage Proceedings: 20 May 2013
13

Marriage (Same Sex Couples) Bill, continued

Part 2 of the Civil Partnership Act 2004

Tim Loughton

Caroline Lucas

Craig Whittaker

Mark Durkan

Greg Mulholland

Charlotte Leslie

Mr Christopher Chope

Steve Baker

John Hemming

Simon Hughes

Not called  NC11

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”.’.

Repeal of Civil Partnership Act 2004

Greg Mulholland

Charlotte Leslie

Not called  NC13

To move the following Clause:—

‘(1)
The Civil Partnership Act 2004 is repealed.

(2)
Secondary legislation made under that Act shall continue in force unless it is

subsequently amended or repealed, and any such amendments or repeals may be

made by statutory instrument subject to annulment in pursuance of a resolution

of either House of Parliament.

(3)
This section shall have effect from the date that the Marriage (Same Sex Couples)

Act comes into force.’.

Simon Hughes

Not selected  55

Clause  1,  page  1,  line  5,  at beginning insert ‘Civil’.

Simon Hughes

Not selected  64

Clause  1,  page  1,  line  5,  after ‘couples’, insert ‘and couples whereby at least one

person identifies as non-gender or bi-gender’.

Simon Hughes

Not selected  56

Clause  1,  page  1,  line  6,  after ‘The’ insert ‘civil’.

Report Stage Proceedings: 20 May 2013
14

Marriage (Same Sex Couples) Bill, continued

Greg Mulholland

Charlotte Leslie

Not selected  11

Clause  1,  page  1,  line  6,  after ‘same sex couple’, insert ‘or opposite sex couple’.

Simon Hughes

Not selected  57

Clause  1,  page  1,  line  19,  after ‘to’ insert ‘civil’.

Greg Mulholland

Charlotte Leslie

Not called  10

Schedule  4,  page  26,  line  12,  leave out paragraphs 3 and 4 and insert—

‘Divorce

3    (1)
Section 1 of the Matrimonial Causes Act 1973 (divorce on breakdown of

marriage) is amended as follows.

      (2)
Leave out subsection (2)(a).

Annulment of marriage

4    (1)
Section 12 of the Matrimonial Causes Act 1973 (grounds on which marriage

is voidable) is amended as follows.

      (2)
Leave out paragraphs (a) and (b).’.

Referendum provisions

Mr David Burrowes

Tim Loughton

Jim Shannon

Fiona Bruce

Craig Whittaker

Mr Stewart Jackson

Mr Edward Leigh

Dr Matthew Offord

Sir Gerald Howarth

Mr Peter Bone

Jeremy Lefroy

Mr Nigel Dodds

Dr William McCrea

Mr David Nuttall

Sir Roger Gale

Bob Blackman

Mr William Cash

Sir Alan Beith

Philip Davies

Mr Julian Brazier

Miss Anne McIntosh

Richard Drax

Gordon Henderson

Mrs Anne Main

Nick de Bois

Mr James Gray

Mr Robert Walter

Mr Andrew Turner

Not called  NC9

To move the following Clause:—

‘(1)
A referendum is to be held in England and Wales on the issue of same sex

marriage.



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