My Lords, I think I now have the message that the night is late and that I should be as succinct as I can be in moving Amendment 49. It, again, relates to employer-employee relationships and the adequate protections which, in my judgment, should be given to employees who are, of course, in a more vulnerable position as a result. Essentially, Amendment 49 seeks to protect the free speech of those who believe in, what I call in shorthand, traditional marriage. It provides protection, particularly in the workplace, for those who hold that view.
The amendment would insert proposed new Section 47G into the Employment Rights Act 1996 to prevent employers subjecting their employees to detriment for holding or expressing their belief. It is qualified only in that it protects the expression of belief in traditional marriage, and states that that belief must be expressed in a reasonable manner. Therefore, it is no protection to zealots who choose to travel well beyond the bounds of respect for the dignity of same-sex couples. The amendment is further qualified in that it does not affect employers such as gay charities and religious charities, which are allowed, under Schedule 9 to the Equality Act, to select job applicants on the grounds of sexual orientation and belief where there is a genuine occupational requirement for the job.
I should like to think that noble Lords will feel that all this is eminently reasonable. I look forward with interest to the Minister’s response and I hope that she will accept that this is a serious matter that deserves a serious reply. We are dealing with a view of marriage that was the orthodox view, and one that was accepted by the mainstream and, indeed, by all parties until some time after the 2010 election. Suddenly, there was pressure for change which gathered pace and the tide has swept on. There is a danger that supporters of traditional marriage will be left somewhat vulnerable on a sandbank unless there are adequate protections. These people are not bigots, as the Deputy Prime Minister called them, but ordinary people, many of whom are perhaps either in a majority or close to being in one. The question that we now have to ask ourselves is whether we should maintain space in the public square for those people to hold and express their views.
If an employer accepts the analysis that to be critical of traditional marriage is equivalent to being critical of black people and saying that they are not fully human, that may justify detrimental action. I hope that we can be assured that employers who take that view will not prevail.
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I pass on as speedily as I can. It is in many cases an important belief that would be impervious to change, and the question we now face is whether we want people who subscribe to the traditional view of marriage to be treated in the same way that we would treat racists. Of course, it is not a problem for us in Parliament because we benefit from privilege, but lest anyone should think that I am making too much of this, we have several examples of where people have been disadvantaged even before the law comes into effect. I shall not go into details, but Adrian Smith’s position in the Trafford Housing Trust and the Reverend Willie Ross, who was dispensed with as a volunteer police chaplain, are cases in point.
I know that the Government have been alive to the fact that the Bill raises concerns about religious liberty and have sought to respond, but their understanding of religious liberty is very limited. The protections they have provided—the quadruple lock—relate narrowly to the conduct of religious services. Faith values go well beyond religious worship. In Wales, they relate not just to faith-based welfare provision but to respect for the integrity of mainstream religion and conscience generally. Therefore, the views of such people need to be respected not only in their church, because they are in church for only a short time in the week, but in their employment.
The free speech clause introduced by the Government, rather belatedly, in Committee, was welcome but does not tackle the main point of this amendment. The government amendment applies only to the criminal law and to only a very narrow section of that law. It protects people from being convicted under the law against inciting homophobic hatred. The law applies only to extreme speech and is not therefore relevant to this case in the employment sphere. We spend a great deal of time at work, and it is here that people are perhaps most vulnerable. My judgment is that we should introduce proper protections for beliefs about marriage into the Bill, even when the new definition of marriage takes place, well aware that there were very sad cases of people who were discriminated against before this Bill will come into effect. It need not happen if we really believe in equality and diversity. We must surely apply the law in a way that does not deny space for those who genuinely hold often deeply religious views for deeply religious reasons.
Over the years, the traditional role of your Lordships’ House has been to protect minorities and freedom of speech. Unless the Bill is amended to give employment law protections to those who hold to traditional marriage, it will become the source of very real civil liberty problems. This is clearly not a wrecking amendment. Same-sex marriages would still happen if the amendment were accepted, but the amendment affords protection for those who hold what has until recently been the mainstream view. I therefore urge Members of the House to support it, both those who support the redefinition of marriage proposed by the Bill and those who do not. If we pass the amendment today, we will make plain that there is indeed a place in the public square for those who believe in same-sex marriage and for those who do not. We will protect key civil liberties
and protect our own identity as a democracy that believes in protecting our identity, minorities and civil liberties where there is a genuine space for difference. I beg to move.