My Lords, I support Amendment 17, to which I have added my name. Once again, we should be discussing a simple administrative Bill, but instead we find ourselves considering one that would impose huge cultural changes on Northern Ireland without the consent of the people and over the head of their devolved Government. I am sure I do not need to remind your Lordships that the Bill is being fast-tracked in a manner that noble Lords who sit on the Constitution Committee have criticised as constitutionally unacceptable.
However, those present for the debates on the Marriage (Same Sex Couples) Bill will recall the protections carefully carved out for religious liberty and free speech. As has been outlined, at present there is nothing in Clause 8 to secure such protections for the people of Northern Ireland. My noble friend Lord Morrow spoke about the need to uphold religious freedoms, but I wish to focus on freedom of expression. It is a right that belongs to everyone in Northern Ireland, regardless of their religion or philosophical views. Proposed new paragraphs (d) and (e) outline fundamental protections for free speech, which go to the heart of any democracy. Discussions about marriage arouse strong emotions, and this is especially true in the
context of Northern Ireland, where not only are there large religious communities, but a wider culture that holds more strongly to traditional values around marriage and the family than other parts of the United Kingdom.
There should be absolute protection for such people to discuss and critique same-sex marriage in the classroom, the boardroom and, indeed, in the street. Proposed new paragraph (e) outlines a vital protection in the specific context of educational institutions. Universities, schools and colleges are platforms for discussion, debate and criticism of ideas, and this must not come under threat following any change in the law on marriage.
Earlier this year, robust new free speech guidance was issued for universities in this country. David Isaac, chair of the UK Equality and Human Rights Commission, underlined the continuing importance of this historical principle, saying:
“The free expression and exchange of different views without persecution or interference goes straight to the heart of our democracy and is a vital part of higher education. Holding open, challenging debates rather than silencing the views of those we don’t agree with helps to build tolerance and address prejudice and discrimination”.
I am sure we are all united on the right to free speech and against compelled speech. For these simple and fundamental reasons, I am happy to support Amendment 17.