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Proceeding contribution from Lord Falconer of Thoroton (Labour) in the House of Lords on Thursday, 15 December 2011. It occurred during Debates on delegated legislation on Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011.


Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

My unequivocal view, which I have been trying to express, though rather badly, is that the provision that the noble Lord, Lord Alli, and I have quoted has the effect of making sure that no discrimination proceedings can be brought under the Equality Act or under the convention in English law as a result of a church saying no to civil partnerships being solemnised on their premises. That is the problem and I am absolutely clear that there is no possibility of discrimination legislation, based on the Equality Act, as a result of the drafting of Section 202. There is also a broader point of principle. We should not, as a House, be knocked off doing what we decided to do by the opinions of two Queen’s Counsels. We should be clear that we achieved our intention. We used simple language. There is no doubt about what it means and I have absolutely no doubt that the courts will give it effect. I have reason to believe that it might be said that it would be quite easy to amend the provisions, using a provision of the Civil Partnerships Act under Section 259. This would take time, but it would be quite easy to do. It is, however, utterly unnecessary because we expressed our views utterly clearly and the courts will give effect to them.


Secondary information

Type
Proceeding contribution
Reference
733 c1419-20 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Civil partnerships Ceremonies Equality Discrimination Marriage Registration Religious freedom Religious buildings
Legislation
Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011
Link
View this Proceeding contribution on www.publications.parliament.uk