Clause 7 - Place of registration
Civil Partnership Bill [Lords]
4:00 pm

Photo of Mr Alan Duncan

Mr Alan Duncan (Shadow Secretary of State for International Development, International Affairs; Rutland and Melton, Conservative)

What the hon. Gentleman said illustrates the fact that defining a religious building or religious premises is increasingly difficult. The days have gone when such premises were consecrated ground with a steeple or tower and bells ringing on a Sunday morning. All sorts of religious services take place in multi-purpose buildings and their change of use is frequent.

This is a perilous clause to draft. Buildings that are consecrated under the established or any other traditional Church are easy to define. Buildings used by evangelical or other religions or denominations are far more difficult to define, and one might find that a gymnasium or hall is deemed to be in use mainly for religious purposes, which may or may not be fair. The whole area is fraught with difficulty.

I understand what the hon. Member for Rhondda is saying, but I shall speak principally to amendment No. 15, which is straightforward, as I hope the Minister will agree. Clause 7(2) states:

'' 'Religious premises' means premises:

(a) designed for use solely or mainly for religious purposes, or

(b) in use solely or mainly for religious purposes.''

In practical terms, only paragraph (b) is necessary to achieve what the Bill sets out to achieve. A building that was designed as a church may since have been deconsecrated and now have no religious purpose whatsoever. The word ''designed'' is highly inappropriate and utterly inaccurate, and it must be removed. For instance, many deconsecrated Methodist churches in many villages around the country are now private houses. On the Charing Cross road, there is a former church that is a gay club. The building was designed for use solely or mainly for religious purposes, but it is not in use for or mainly for such purposes. There is another place called The Sanctuary that has never had anything to do with the Church. The point is that this is bad drafting and unnecessary. It is utterly superfluous. This is quite a simple amendment of logic to remove the difficulty. I do not accept what is in the mind of those who drafted the Bill when they used the phrase ''designed for use''. That should be removed, and the provision should simply read ''in use''.

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