Part of Civil Partnership Bill [Lords] – in a Public Bill Committee am 3:00 pm ar 21 Hydref 2004.
Jacqui Smith
Minister of State (Industry and the Regions and Deputy Minister for Women), Department of Trade and Industry, Minister of State (Industry and the Regions) and Deputy Minister (Women)
3:00,
21 Hydref 2004
I have had legal advice that, although the Bill as it was introduced into this House was not compatible with the European convention on human rights because of the amendments that were made in the other place and which we discussed yesterday, when the Bill was originally introduced, with this provision in place, it was compatible with the ECHR. So the answer to the hon. Gentleman's question is yes, I have been given legal advice, and yes the Bill is compatible.
The hon. Gentleman is making an argument about the nature of civil marriage. It may be that I have identified another route through which this particular argument and case can be made. However, my view remains that this is not the appropriate place in which to change the basic principle that, whether or not we are talking about a civil marriage or a civil partnership, that should be a secular legal process.
As I suggested, that does not mean that we should go as far as the prohibition that Amendment No. 184 appears to apply. The amendment appears to extend the prohibition in Clause 3(5). It states that no religious service can be used
''for or in connection with the formation of a civil partnership by registration''.
In terms of the precise legal process involved in civil partnership, we think that the Bill already does that. However, the intention of the amendment is to ban any religious celebration whatever, and in that case we firmly reject it.
It seems completely appropriate that once a same-sex couple have formed a secular civil partnership and their legal business with the registration authority is over, they should be free to celebrate in any way that they wish. That may well involve a religious ceremony, religious words or other things. At that point, it seems completely appropriate that it should be up to the church or the religion involved whether, and how, people who have entered into a civil partnership are able to celebrate that and have it blessed or recognised in whatever religious way is appropriate. That is why I oppose the amendment tabled by the hon. Member for Christchurch.
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The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
