I think that the present provisions are related to what was referred to rather politely as an "underdevelopment" of the legal advice, because it has been developed since. It was due to an idea that providing the services of a celebrant of marriage was not exercising a public function. Until now the law has regulated this and there is no doubt that it is a public function in England, Scotland and probably also in the other jurisdictions in the United Kingdom.
I also feel certain that this is a matter of equal opportunities and therefore well within the competence of the UK Parliament. I have no doubt that it would be possible to get the agreement of the Scottish Parliament insofar as there should be any risk in that respect, but I think that putting the provision in the Bill is perfectly competent, and I hope the Government share that view.
Equality Bill
Proceeding contribution from
Lord Mackay of Clashfern
(Conservative)
in the House of Lords on Tuesday, 19 January 2010.
It occurred during Debate on bills on Equality Bill.
Type
Proceeding contribution
Reference
716 c911 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-06-21 10:00:11 +0100
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