Education and Home Affairs - Approved Panel Minutes - 22 June 2011

Present

Deputy R. G. Le Hérissier, Chairman Deputy M. Tadier

Deputy J. M. Macon

Apologies

Deputy T. M. Pitman, Vice-Chairman

In attendance

Mr M. Haden, Scrutiny Officer

Ref Back

Agenda matter

Action

14.06.11 Item 2

Draft Civil Partnership (Jersey) Law 201- (P.85.2011)

The Panel considered whether to proceed with an amendment to the draft law  which  would  remove the prohibition on civil partnerships taking place in religious premises. The Panel noted that the draft law reflected the position taken in the UK by the Civil Partnership Act 2004; however, the UK had now moved forward and the prohibition had been removed by the Equality Act 2010. The Equality Office was currently  consulting  on  the  arrangements  for  implementing  this change. The Panel therefore considered that it would be appropriate to seek a similar change in the Island's draft law, notwithstanding the views  expressed  by  the  Community  Relations  Trust  which  had favoured a step by step' approach on this matter.

The Panel noted a submission from a member of the public expressing concern that religious groups would be obliged to hold ceremonies for civil partners against their beliefs. Members however noted that the UK  Equality  Act  had  made  it  clear  that  the  change  was  entirely voluntary and that it was for each faith group to deice for themselves whether they wished to host civil partnership registrations; none could be forced to do so against their will. Members believed that it was important that the Churches be free to decide for themselves whether to implement the change, whereas currently the law did not allow them to make a choice in favour of registering civil partnerships on their premises.

Members considered a further amendment to the law which would allow  religious  words  and  music  to  be  used  in  civil,  partnership services on approved premises. The thinking behind this proposal was that it would allow civil partners to include an expression of faith in their commitment to each other which would be prohibited under the current draft law. Members however were conscious that this would introduce  a possibility  for  civil  partnership  services  which  was  not currently available to civil marriage services on approved premises. Deputy Tadier stated that he would consider whether to proceed with this further amendment as an individual member's proposition.

The  Panel requested the  Scrutiny  Officer to consult  with  the  Law Draftsman on the amendment and to prepare an accompanying report.

MH

Members requested that a separate comment be prepared on other aspects of the draft law.

MH