Humanist Weddings

Question

15:07:00

Asked by

To ask His Majesty’s Government whether they plan to give legal recognition to humanist weddings.

My Lords, I open by wishing my noble friend a happy birthday. However, I cannot give her the birthday present she would wish for. The Government understand humanists’ strength of feeling about legally recognising humanist weddings. I know that this strength of feeling extends to many within this House. As a new Government, we must look closely at the details of any proposed changes before setting out our position, which we will do in due course.

I hate to say it to my noble friend, but what a huge disappointment that is. Not only did this House put humanist marriage in the equal marriage Act of 2014 but, in 2020, the High Court ruled that the failure to provide humanist marriages in England and Wales means that the present law gives rise to discrimination, and that the Government “could not sit on its hands” and do nothing. Given that the Government know they must act here, given that this is Labour policy, given that it will cost nothing and given that the Church of England has given it its blessing, what is the problem and why can we not get on with it?

My Lords, we are aware that humanists have long been campaigning on this issue, and all the elements which my noble friend mentioned are true. However, the previous Government chose not to respond to the Law Commission report, and we believe that, as a new, incoming Government, we should give ourselves time to respond in as wide a context as possible. Therefore, we will set out our position in due course. We recognise that humanists have been campaigning on this issue for many years. However, there are other issues, such as co-habitation, on which there is also a Labour manifesto commitment, which we want to reflect on before we come forward with our position.

My Lords, what is the difficulty about the humanists? I have been here for 30 years and again and again I have heard the answer that we cannot do it for humanists. We have can have Hindu, Muslim and Sikh marriages—we can have Satanist marriage—but no humanist marriage. Is the established Church so much against it that no Government here can do anything about humanist marriages? What is going on?

The Government are not in favour of Satanist marriages. I think the noble Lord answers his own question: there are other groups that would claim that they have special beliefs which they would want to be reflected through potential secondary legislation. We do not think that is the way to go. We think we need to look at the question in the round, and that is what the Government intend to do.

My Lords, the noble Baroness, Lady Thornton, made a very eloquent plea, so can the old crusties from this side also join in? It is Labour policy; it is law in Scotland, Northern Ireland and Jersey; and we have been looking at it for ever. Why the delay? Why do the Government have to look at this yet again, when in opposition they were very clear about it? When they have looked at it, what is the timescale? When will the Minister bring the Government’s view back to this House, so that we can deal with something positive?

My Lords, unfortunately, the timescale is “in due course”. Nevertheless, there is a commitment to look at this and to look at the question in the round. The noble Lord’s question was answered by the noble Lord, Lord Desai: there are other groups that also believe they are special, and they want special recognition—Sharia wives might be one such group. We do not want to legislate by secondary legislation; we do not think that is appropriate in this example. That is why we will take our time and come back with a considered view.

My Lords, “the Liberal Democrats clearly support this change; the Labour Party supports this change; the Government in Wales support this change; the Government in Scotland support this change; and, as we have heard from the noble Lord, Lord Pickles, it is ultimately going to be a political decision, so why are the Government waiting for the Law Commission’s report?”.—[Official Report, 25/04/22; col. 9.] These are not my words but the words of the Minister himself. I despair, to be honest. The Law Commission has now reported, as he knows. Will he answer now his own question? When will this happen?

Unfortunately, the answer is the same as the one I gave to earlier questions: it will be in due course. I understand the strength of feeling on this matter. There are a lot of other issues to be considered within this context, and the Government want to take time to do it properly.

My Lords, on these Benches we would welcome humanist wedding ceremonies being given legal status, but the recommendations of the Law Commission go beyond that and would create a free market celebrant-based approach to the wedding industry. I gather that Humanists UK shares our concern that such a move could undermine the solemn nature of marriage, which is never a trivial transaction. Given this unlikely alliance between the Lords spiritual and Humanists UK, can the Minister confirm that the Government will not enact the recommendations of the Law Commission without considering carefully the impact of a further commercialisation of weddings?

I thank the right reverend Prelate for his question; he makes the point very well. I have heard the phrase “free market approach”, and I have heard people speak about the privatisation of weddings, which would not be the right approach. That is indeed the reason we want to look at this question in the round, and that is what we intend to do.

Those who wish a marriage to be conducted in England without any religious significance have always been able to carry out a ceremony with a registrar. The places in which that marriage may be carried out have been extended. The fundamental issue in the law of marriage in England is that it is based upon the place of the celebration and not the identity of the celebrant, and there is no point in making piecemeal reforms to that basic law. It is therefore time, is it not, for the Government to address the key recommendation of the Law Commission to move from the emphasis on building to the emphasis on celebrant? That is not going to open up a free market in marriage; it will simply ensure that particular groups may be able to qualify as celebrants of a ceremony going forward. Does the Minister agree?

I agree with the noble and learned Lord. That is an important factor within the wider consideration of this issue. It is also a factor concerning which groups would be included. His point about focusing on the celebrant rather than the building is fundamental.

My Lords, although this Question refers only to humanist weddings, it really does concern the unsatisfactory state of the law on the formation and validity of marriages. The inconsistencies and potential for unfairness have been comprehensively shown by the Law Commission in its report, which I remind the House was produced over two years ago. As to humanist weddings, which are part of the wider problem, there remains the anomalous difference between the law applied in England and Wales and the law in Scotland and other places where humanist marriages are recognised without the need for a separate civil ceremony. Can the Government indicate what work is under way to align and modernise the British law overall? At the very least, surely the Government do not want to become responsible for an exodus of lovelorn humanists to Gretna Green.

I thank the noble Lord, Lord Meston, for his question, and I agree with his premise that the current state of laws regarding weddings is unsatisfactory. Although the current weddings law is contained within the Marriage Act 1949, the fundamental structure of weddings law dates back to the 18th and 19th centuries. There are profound difficulties, and I acknowledge that point. I am giving a commitment that the Government will look at this in the whole and undertake to come back in due course with rounded recommendations to address these issues.