What Cameron failed to say???:?? of late when promoting his same sex ''MARRIAGE'' original idea??
Lynne Featherstone MP, Minister for Equalities,
with a range of faith and lesbian, gay and bisexual (LGB) groups, the Government announced on
17 February 2011 its intention to remove the legal barrier to civil partnerships being registered
on religious premises by implementing section 202 of the Equality Act 2010.
1.2
Making this change will allow those religious organisations that wish to do so to host civil
partnership registrations on their religious premises. This voluntary provision is a positive step
forward for both LGB rights and religious freedom.
1.3
The Government published a consultation document on 31 March 2011, seeking views on the
practical arrangements necessary to implement this change. The consultation ran until June 23
2011. This document provides a summary of the responses received during the consultation.
1,6
Th esponses to the consultation were received. Of these, 343 responses were on the official
pro forma which addressed each question in turn and 1,274 were responses by email or letter.
Of those submitting the official pro forma, 145 were from organisations and 198 from individuals.
1.5
All responses were gratefully received and individually considered by the Government
Equalities Office.
1.6
A copy of the draft regulations to implement the proposals consulted on is included as part
of this document and reflects the many useful and constructive responses received during the
consultation period. These regulations will be laid before Parliament shortly so that they are
able to come into force by the end of 2011, subject to the will of Parliament.
Background to section 202 of the Equality Act 2010
1.7
During the passage of the Equality Bill in Parliament, section 202 was proposed as an
amendment to the Bill. The clause was debated and voted on in both the House of
Commons and the House of Lords and, on the basis of those votes, became a part of the
Equality Act 2010.
1.8
Section 202 removes in England and Wales the specific ban in the Civil Partnership Act 2004
on civil partnerships being registered on religious premises. Section 202 was designed to be
a permissive piece of legislation – its aim was to remove a legal barrier in order to support
freedom of religion for those organisations which wish to host civil partnership registrations on
their premises.
1.9
The voluntary nature of section 202 was at the heart of the proposals outlined in the
consultation document. The proposals were designed to put in place a regime that enables faith
groups to opt in, respects the different decision-making structures of different faith groups,
protects faith groups and individual ministers from the risk of successful legal challenge if they
do not wish to host civil partnership registrations, and is straightforward for local authorities to
operate. The draft regulations, attached at Annex 1, uphold those aims.
There was some concern expressed during the consultation period, in particular by some faith
groups, about the legal protections available to those who do not wish to apply to host civil
partnership registrations on their premises. These concerns have been considered carefully
in detail and the Government remains confident that there is protection from the risk of
successful legal challenge. To avoid any doubts about the voluntary nature of the process they
create, the regulations specifically reiterate the principle set out in section 202 that there is no
obligation on a religious organisation to seek approval for its religious premises to host civil
partnership registrations.
2.11
It would not be for Government to determine how individual faith groups operate, nor
should it be the function of local authorities to be involved in the internal discussions within
a particular faith group. Therefore the regulations are clear that it is for a ‘governing authority’
of a faith group to determine whether their consent is required for any applications for their
premises to be approved. In responding to the consultation, faith groups were asked whether
they wished to have their governing authority specified in the regulations. Those that responded
on this point are included in Schedule A1 to the draft regulations. However, it is not essential
that faith groups’ governing authorities are specified in Schedule A1 as the application process
caters for those who do not have specified bodies in the regulations.
2.12
Those faith groups which specified a relevant authority have been named at Schedule A1 to the
regulations. This includes bodies representing the Catholic Church, the Church in Wales, the
Church of England, the Methodist Church and the Quakers. The General Assembly of Unitarian
and Free Christian Churches, the Quakers and a number of independent churches and faith
groups responded to make clear that the decision whether to seek approval for premises
would be made in each local congregation.
Basically ''NOT in my bloody church you don't'' (The proposals set out in the consultation document and the draft regulations reflect the entirely voluntary nature of this regime. The Government has carefully considered the concerns raised about potential legal challenges and remains confident that the proposals provide
protection from the risk of successful legal challenge) the get out clause if the EHRC rule on it.
So no change then. just a public relations excercise
Cristine Jennifer Shye. B/L. B/Acc
This post was edited by Cristine Jennifer Shye. BL at July 26, 2013 10:33 AM BST