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Equality Bill

My Lords, I shall speak also to Amendment 21. I declare an interest as an Anglican—though in relation to Amendment 21, I should emphasise that I am an Anglican and not a member of the Roman Catholic Church, although I am happy to put forward this amendment on its behalf. I am speaking to Amendment 20 on behalf of the noble and learned Lord, Lord Mackay of Clashfern, who is unable to be here today. It is important to recognise that the matter of conscience is addressed in Article 1 of the Universal Declaration of Human Rights. Perhaps your Lordships will permit me to quote it. It states: ""All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood"." As the noble and learned Lord pointed out in Committee, the question of conscience is a crucial criterion of a civilised state. We in this country recognise conscience in various ways. We recognised it during the Second World War, when people were permitted to be conscientious objectors and to serve our country in ways other than on the battlefield. Doctors, including doctors in the NHS, have the right, as a matter of conscience, not to perform abortions. Consequently we have a current use of conscience in our existing and current legislation. It is interesting that, so far, there is no ability to have an issue of conscience in relation to sexual orientation. How do we balance equality, discrimination, rights and recognition of the needs of different groups of minorities? All sorts of minorities need protection, not only the minorities who are in same-sex relationships. It is important that we recognise, by a tolerance and a flexibility of approach, that there is a negative effect of anti-discrimination towards some groups in relation to other groups and that that is a matter where conscience should be allowed to play a part. We should be able to accommodate various religions and various cultural beliefs. We are a broadminded society, and the Equality Bill should recognise that too. There was a case that fell foul of the statutory instrument on equality and anti-discrimination—the case of a marriage registrar who, as your Lordships may remember, refused to officiate at a civil partnership ceremony. She initially won the case but then lost in the higher courts. That was an issue of conscience. She was held to be wrong although other registrars were able to perform the ceremony. Such ceremonies are a very important day, but not every registrar has to officiate at them. Indeed, this particular local authority has an excellent record of looking after civil partners who wish to have the service performed for them. This is a modest amendment and deserves support. I hope the Minister will find its modest dimensions acceptable. Amendment 21 relates to Catholic adoption societies. At the moment, Catholic adoption societies do not exist; some exist as non-religious societies but none as a Catholic society. The effect of the Equality Act (Sexual Orientation) Regulations 2007 has never been debated in either House. In considering the Equality Bill, the other place had four minutes in which to discuss the issue before the guillotine fell. This is therefore the only place where, and the only time when, this rather sad issue will come before your Lordships. In the same way, it is important that same-sex couples should have the right to have a religious service in a church or other religious establishment that is prepared to allow them to do so. That is the subject of Amendment 53, to which I have put my name. I believe that same-sex couples should be able to have religious services in religious establishments where that establishment permits them to do so. As I understand it, both the Quakers and the liberal Jews in some places are prepared to do it. If we think that that is right, it ought also to be right for Catholic couples who wish to adopt to be able to go to an agency that has the same ethos and religious beliefs and will look after that couple in the way that Roman Catholics would wish. However, they cannot do so. I remember having to informally advise the Exeter Anglican and Roman Catholic adoption society that it could not continue using the words that it had used as regards suitable people for its adoption society. As I am sure everybody knows, the Catholic societies are no longer Catholic. This is a relatively modest requirement that would permit a minority group to work through its own religious beliefs as regards those who wish to become adopters. It does not in any way prevent a gay couple going to any adoption agency. I understand that—to the knowledge of the Catholic Church—under the 2007 statutory instrument, only one such couple went to a Catholic agency, and they were helped to find another agency which was not Roman Catholic that would help them to adopt a child. We are talking about allowing for minorities. We ought to be able to allow for minorities in every way and not decide that they should not have the right to opt out as regards sexual orientation. I asked a senior founder member of Stonewall, whom I know extremely well and whose aims I very much support, what he thought about my putting my name to this amendment. He said that he saw absolutely no problem with it. He knew very well that gay couples wishing to adopt—and good luck to them—could apply to many agencies; almost every agency, in fact. He did not consider that my amendment in any way infringed the rights of, or was discriminatory towards, gays. I found that a very comforting conversation. The question really is, what are the outcomes of the 2007 statutory instrument and what would be the position if your Lordships’ House did not accept this amendment? Two adoption agencies have closed down, a third is mired in litigation over whether it can continue, and all the other Catholic agencies have given up supporting Catholics, and, of course, have given up those obligations which the Catholic Church had required of the Roman Catholic agencies. It is very important that same-sex couples should have the right to be considered as potential adopters—as they do, and as they should have. They can apply to many agencies, as I have said. However, it is also important that Catholic families should be able to apply to Catholic adoption societies. I beg to move.