Equality Bill

First, we do not support Amendment 97E because it is not necessary. We hope that the noble Lord, Lord Alli, will not find it necessary to divide the House on it. However, we support Amendment 119A for reasons I will briefly give. Amendment 97E seeks to remove sexual orientation as an occupational requirement that may be used as a reason not to employ someone for the purposes of employment by a religious organisation. Schedule 9(2) lists the exceptions for occupational requirements where the employment is for the purposes of an organised religion, and those reproduce the existing exceptions in the Sex Discrimination Act and the sexual orientation regulations. Article 9 of the European Convention on Human Rights protects the fundamental right to freedom of thought, conscience and religion, and Article 8 protects the right to respect of private and family life, including a person’s sexuality and sexual identity. I respectfully put it to the right reverend Prelate the Bishop of Winchester that the distinction he and others seek to draw between it being okay to be gay but not okay to have sex while being gay would not be recognised under the European convention, any more than would be the distinction drawn between sex outside and inside marriage. It represents a deeply held and sincere belief by some devout Christians—which I respect—but it is simply not the case that, for example, people who enter into a civil partnership are okay if they do not have sex together. The whole point of the relationship of being sexual partners is that you have an enduring and loving relationship in which sex is a perfectly normal activity. With respect, that distinction would not pass muster under European convention or European Union law. It is important to recognise—I hope here the bishops will cheer up—that in accordance with Article 9 of the convention, religious organisations are entitled to organise themselves in accordance with their beliefs and those of their followers. For example, it is well recognised that a church or ecclesiastical body may as such exercise on behalf of its adherents the rights guaranteed by Article 9 of the convention and that any interference must be proportionate. The Article 9 rights of the churches and their supporters and/or believers potentially conflict with the Article 8 rights of gay and lesbian people. In recent years, the right to non-discrimination on the basis of sexual orientation has become enshrined in European law. Convention case law has established that Article 14 includes differences of treatment because of sexual orientation, with no distinction drawn between having sex or being gay. Convention law requires that where sexual orientation is the ground for a difference of treatment, there must be significant and convincing objective justification for the treatment. The Joint Committee on Human Rights, of which I was a member, made that clear in its report on the sexual orientation regulations in 2007. The same is true under EU law. I will not detain the House by quoting from the framework directive. Suffice it to say in reassurance to the noble Lord, Lord Alli, that the only exception permitted in striking a fair balance between religious freedom and the right of respect for the private life of gay and lesbian people is one which accords with the strict test of proportionality. Therefore, the amendment which seeks to remove the safeguard for churches is overkill and unnecessary. Amendment 119A would to amend the Civil Partnership Act by removing all bans on civil partnerships which take place in religious premises or using religious services. I was the author of the Private Member’s Bill which resulted in the Civil Partnership Act, so I am naturally very sympathetic to the amendment. I agree with the powerful speeches that the House has heard from the noble Baronesses, Lady Neuberger, Lady Greengross and Lady Howe of Idlicote, the noble and learned Baroness, Lady Butler-Sloss, and the noble and right reverend Lord, Lord Harries of Pentregarth. Many religious same-sex couples want to have their partnerships blessed by religious organisations. Others feel that civil partnerships are not equal to marriage. Article 12 of the convention guarantees the right to marry, but this applies only to a man and a woman. In the United States, litigation is pending to establish a constitutional right of same-sex couples to marry. I doubt that it will succeed. Amendment 199A does not go so far. It would permit but not require a religious aspect to be given to civil partnership ceremonies if the church or other religious body agrees. I believe that this is an issue which needs to be dealt with. As the noble and learned Baroness, Lady Butler-Sloss, said, this is permissive and is not in any way an imposition. Regrettably, I doubt whether we can do that in the Bill, which does not mean that we should not do it. It may be that we can do it in the Bill, but broadening the application of Article 8 of the convention in respect of the private and family life of same-sex couples needs to be done in a way that does not require religions to jump one way, as the right reverend Prelate the Bishop of Winchester would jump, or the other way, as, for example, the Quakers or liberal Jews would jump. As to churches, there is an issue about how religious acceptance in the Bill might work. The public function would be considered as regards the registration in providing a facility or service in a religious setting. There are also some convention issues about civil marriage. While we fully support the amendment in its object, we hope that the Minister will express the Government’s support for the principle of Amendment 119A and will undertake to consult speedily on whether and how it can be put into law, having of course consulted religious organisations, gay rights organisations and the public at large.