HL Deb 26 April 1977 vol 382 cc399-400

27 Clause 9, page 8, leave out lines 9 and 10.

28 Clause 9, page 8, leave out lines 13 and 14.

29 Clause 9, page 8, line 16, leave out ' to the exclusion of all others '

30 Clause 9, page 8, line 17, leave out ' aforesaid statement and '

31 Clause 9, page 8, line 18, after declaration' insert ' mentioned in paragraph (6) of this subsection '.

Lord KIRKHILL

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 27 to 31 inclusive. If a religious body, apart from the Church of Scotland and the other main Churches, is to have its nominees accepted for registration as celebrants, its marriage ceremony must be of an appropriate form, and the essential requirements for a ceremony are set out in Clause 9(3). The Amendments have modified this subsection so as to reduce these requirements to an absolute minimum and interfere as little as possible with the ceremonies of the religious bodies which will nominate celebrants under this clause. The statement in lines 9 and 10 about monogamy is thought to be unnecessary and has been omitted because marriage in Scotland is fundamentally a monogamous institution—a fact which is reflected throughout the provisions of the Bill. The declaration in lines 13 and 14 regarding no legal impediment is repetitive because such a declaration will be given to the registrar at an earlier stage.

The phrase: to the exclusion of all others is related more to the substance of marriage than to its form of celebration. Any religious body which at present includes in its marriage ceremony the provisions which the Amendments remove is, of course, at complete liberty to retain them in its ceremony if it so wishes.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Kirkhill.)

On Question, Motion agreed to.

Lord KIRKHILL

My Lords, I have been guilty of an omission when referring to Amendment No. 31, because in relation to Clause 9, page 8, line 18 a small " (6) " is shown on the Marshalled List whereas it should be a small (b)". I should have pointed that our earlier. Perhaps I can be forgiven for that omission.

The LORD CHANCELLOR (Lord Elwyn-Jones)

My Lords, that will he put right for the Record.