My Lords, I have also put my name to this amendment. My interests are in the Lords’ register. I am also the chairman of trustees of Chailey Heritage Foundation and a governor of Lancing College, though both are non-maintained schools. I start by thanking the right reverend Prelate for his clear introduction. Noble Lords who are now well-versed in this Bill will know that the House has already debated concerns about its possible effects on teachers. I am very grateful to the noble Lord, Lord
Dear, and my noble friends Lord Eden of Winton, Lord Elton and Lord Waddington, and others, for addressing those concerns, which are well argued and strongly felt.
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Our amendment is equally strongly felt, but it is much narrower in its remit. It is more specific and relates to Section 403 of the Education Act 1996. We hope that, because of the narrowness of its focus, it will be acceptable to the Government. I can assure them that they have nothing to lose by accepting it. On the contrary, it strengthens the position of the Secretary of State for Education. Our amendment is intended to provide protection for schools and academies with a designated religious character. The protection is needed because the Bill causes two potential problems for designated schools: first in relation to guidance about marriage that has already been issued; and, secondly, in relation to future guidance yet to be seen.
The Bill presents those problems because Clause 11(1) and (2) change the definition of marriage. Clause 11(1) provides:
“In the law of England and Wales, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples”.
Clause 11(2) provides:
“The law of England and Wales (including all England and Wales legislation whenever passed or made) has effect in accordance with subsection (1)”.
In all circumstances, therefore, marriage will mean both same-sex and opposite-sex marriage.
As the noble Lord, Lord Dear, rightly pointed out during Committee last Wednesday,
“Section 403 of the Education Act 1996 requires … teaching pupils about the importance of marriage in family life”.—[Official Report, 19/06/2013; col. 335.]
It also places a statutory obligation on the Secretary of State to issue guidance that ensures that children learn,
“its importance for family life and the bringing up of children”.
As the right reverend Prelate said, there is no doubt that the meaning of marriage will be altered by virtue of Clause 11. It will mean that children will have to be taught about the nature of opposite-sex and same-sex marriage and its importance for family life and the bringing up of children. In summing up our debate last Wednesday, my noble friend stated:
“My noble friend Lady Barker asked me a direct question about whether the Bill changes anything in respect of the guidance that currently exists for teachers on how to teach sensitive issues under the heading of ‘sex and relationship education’. No, it does not”.—[Official Report, 19/6/13; col. 350.]
I hate to differ with my noble friend, especially as I want her to accept our modest amendment, but our view is that Clause 11 will change the meaning of marriage. Therefore, Section 403 will also change.
The Explanatory Notes published with the Bill made that abundantly clear. They state that, except where contrary provision is made, a reference to a married couple will include a reference to a same-sex married couple. The reason that that change to the definition of marriage will cause problems for some schools is that Section 403(1A)(a) is divided into two parts. The first states that pupils will,
“learn the nature of marriage”,
and the second is that they learn,
“its importance for family life and the bringing up of children”.
It is the second part of Section 403(1A) that means that our amendment to the Education Act needs to be made. The phrase requiring children to learn,
“its importance for family life and the bringing up of children”,
puts an obligation on schools to teach children more than the fact that the institution of marriage exists; it requires schools to teach that marriage has a value and is beneficial for family life in the bringing up of children. Teaching about the value and benefit of marriage necessarily entails advocating and commending it. That is, the current guidance is altered by Clause 11.
That will be a problem for schools with a designated religious character if promoting or endorsing same-sex marriage runs contrary to the religious belief of that school. That is no small matter; it is not a minority sport. There are more than 7,000 Catholic and Anglican schools in England and Wales, and that number does not account for other faith schools. Those religious schools constitute approximately 30% of all schools in England and Wales and more than 1.8 million pupils attend them. Those schools are very popular. Christian parents and, indeed, parents of other faiths and none, go to great lengths to get their children into those schools. If the Bill is not amended, huge numbers of schools and pupils will be affected. The Government need to be aware of that, because it is not a small or, as I said, unimportant issue.
Ministers have repeatedly stated that the Government do not intend religious schools to be forced to promote or endorse same-sex marriage. During the Second Reading debate in the Commons, the Secretary of State said,
“no teacher will be required to promote or endorse views that go against their beliefs”,
and that the Government,
“never would expect a teacher to … promote something that ran contrary to their beliefs or their religious beliefs”.—[Official Report, Commons, 5/2/13; col. 132-33.]
During Committee in the other place, the Minister stated that,
“no teacher is under any duty to promote or endorse a particular view of marriage, and neither would they be as a result of any revised guidance in future”.—[Official Report, Commons, Marriage (Same Sex Couples) Bill, 28/2/13; col. 311.]
This point was reiterated by my noble friend during Lords Committee last Wednesday.
Although the intention and assurances are very welcome, they are insufficient for three reasons. The first is that ministerial statements are vulnerable to challenge. It is perfectly possible that Section 403 and the Secretary of State’s guidance might be interpreted in a way which obliges schools to promote and endorse same-sex marriage.
The second reason takes us back to the second potential problem that I highlighted earlier. Nothing in the Bill prevents a future Secretary of State from explicitly requiring schools in guidance to commend and advocate same-sex marriage. A future interpretation of Section 403 may require schools to advocate and commend
Thirdly, Ministers have frequently relied on the submission of the noble Lord, Lord Pannick, to the Commons Committee. However, the noble Lord, Lord Pannick, did not address that point about schools. He addressed the concern about teachers debated during Committee last Wednesday, not the discrete point about guidance issued under Section 403. His assurances should not have been referred to in response to the amendment to Section 403 put to the Committee.
Of course my noble friend and the Government may be confident that the current Secretary of State will not issue guidance requiring schools to promote same-sex marriage, but they cannot be certain that the next Secretary of State or a Secretary of State in a few years’ time will not do so. A future Secretary of State will not be bound by the Minister’s comments during Committee on the Floor of either House. Our modest amendment, on the other hand, would make it very difficult for a future Secretary of State to flout the Government’s intentions, because he or she would have to amend the legislation before issuing guidance forcing religious schools to promote or endorse same-sex marriage.
Our amendment is clear. It is needed to ensure that schools with a designated religious character are not compelled to commend or advocate an understanding of marriage that runs contrary to their religious ethos under either current or future guidance. Our amendment does so by placing an obligation on the Secretary of State to issue guidance that specifically provides for education about the nature of marriage and its importance for family life and the bringing up children. Pupils will be aware that that is in accordance with the tenets of the religion of the school. It ensures that schools will be able to do that because of, not despite, the guidance. Any guidance requiring religious schools to advocate or commend same-sex marriage would therefore be in conflict with a positive obligation that our amendment would put on the Secretary of State.
I reassure noble Lords that our amendment will not affect any guidance that requires schools to teach children about the legal status of marriage—that it is legally open to both opposite and same-sex couples. All schools, religious or otherwise, will remain under an obligation accurately to teach the law of the land. Put another way, if the Secretary of State issues guidance that requires all schools to teach students that marriage has been extended to same-sex couples and requires the schools to advocate and commend the new meaning of marriage, all schools will be under a duty to teach pupils that marriage has been extended to same-sex couples. They will not, however, be under a duty to commend or advocate same-sex marriage if it is contrary to the designated religious character of the school. This tackles the concern expressed by the Minister at the Public Bill Committee when he asked the honourable Member for East Worthing and Shoreham:
“Does he think that it is reasonable to allow a teacher not to teach something that is the law of the land, if indeed this becomes the law of the land?”.—[Official Report, Commons, Marriage (Same Sex Couples) Bill Committee, 28/2/13; col. 302.]
The answer is no. It is not reasonable to require a teacher not to teach something that is the law of the land. Our amendment ensures that no teacher will be prevented from doing so.
To conclude, our amendment merely puts the Government’s assurances in the Bill. It will protect schools with a designated religious character. It will provide explicitly for teaching in accordance with the tenets of the relevant religion in the guidance. It will protect schools from any compulsion, through either current or future guidance, to commend or advocate same-sex marriage.