My Lords, I am grateful to all those who have spoken in what has been a serious and gracious debate. I know that I speak for my noble friend the most reverend Primate in expressing gratitude for the tributes that have been paid to his leadership, particularly at the General Synod, and in so many other ways. It is a leadership for which we are growing more and more appreciative, both in the church and in the nation. I thank the Minister for the care, attention, accessibility and understanding that she has unfailingly shown in the conversations that we have had leading up to this debate. I also thank the noble Baroness, Lady Royall, for helpful conversations in which we have been able to make clear our genuine concerns.
I think that it was Paul Newman in “Cool Hand Luke” who said: “What we have here is a failure to communicate”. At times in this debate it has felt a bit like that because, as those who listened carefully to what was said in support of the amendment know, what I am trying to do is to ensure that the Bill prevents faith schools from opting out of teaching about same-sex marriage. We really are on the same side of the argument and it seems at times that this message has not been heard.
I shall make some specific responses to certain noble Lords. To the noble Lord, Lord Pannick, I would say that Section 403 is the only education provision that refers to marriage and it is the meaning of that word that is being altered by this Bill. We do not need to amend other legislation, as he has suggested, because other education legislation does not deal with marriage. Therefore, the amendment does not run counter to the Bill. It says that there is room for both religious and legal understandings of marriage and that they can live alongside each other in religious schools.
I would just clarify the question that the noble Lord, Lord Elystan-Morgan, put to us. The position is that there is a difference between a requirement to have regard to statutory guidance and an obligation to comply with the terms of a trust deed. The latter is an unqualified legal obligation. The former is a duty to have regard and is therefore weaker, hence the danger of some religious groups going their own way if the potential conflict is not resolved. That is the point that I tried to make.
On the point made by the noble Baroness, Lady Farrington, the concern is not that the Bill is changing what goes on in homes and communities but that it changes the law. We need to ensure that the new law and teaching about marriage in church schools can happily coexist. I do not believe that this amendment in any way erodes, undermines or attacks the central purpose of the Bill; rather, it strengthens it.
Having said all that, I know that it is late and that we have much more work to do. The Minister has given what I take to be an undertaking that, if it comes to a conflict, the Government recognise that the trust
deed overrides the requirements of the Secretary of State’s guidance. On that basis, I beg leave to withdraw this amendment. I reserve the right to consider the implications of this debate further in case we want to bring some of this back at Third Reading.