RC Politics Volume 14 Issue 1
Parliament in View
25 October 2012
Contents The Destruction of Real Marriage Government Plans for Year Ahead Does ‘Sorry’ Need to Come with a Price Attached? Current Legislation Good Intentions on Parenting are Built on Shaky Foundations News in Brief Civil Liberties at Risk Recommended Reading Consultations
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The Destruction of Real Marriage Husband and wife may become unfamiliar terms as the government proceeds to redefine marriage. Following the biggest ever response to a consultation paper in Scotland, the government has set aside the views of the two thirds majority which objected to such a change. Sadly the issue has become polarised in the media as some supporters of same-sex marriage have resorted to inflammatory language, accusing those who disagree with change as being ‘bigots’ and ‘homophobes’. Catholic clergy have even been in the firing line. A letter from the Bishops of Scotland to Catholic parishes outlining the importance of marriage led to a wave of hostility in the media particularly on social network sites and websites. This is a serious problem in that it is contributing to an intolerance which does not want to permit Christian values any place in society. It is a concern that has been picked up at European level with some Members of the European Parliament (MEPs) now working to try and get the European Parliament to take the issue of anti-Christian intolerance seriously. To this end a conference was held in the European Parliament to address the issue. Stories emerged of
similar scenarios where Christians are openly denounced, ridiculed or discriminated against whilst politically correct standards would not allow this to happen to any other group. The Catholic Parliamentary Office was asked to participate in the event along with a variety of politicians, academics and church representatives. In his contribution Professor Rocco Buttiglione highlighted the difference between the small groups who actively influence the decision-making process and the silent majority of Christians who are afraid to get involved at the centre of the political agenda.
Sadly we are witnessing a considerable number of politicians who proclaim on the one hand to be Catholic but then follow the agenda of such minority groups without a full grasp of the damage that they are doing to the wellbeing of religious freedom and the protection of family life in this country.
Important legal advice obtained as part of the attempt to illustrate the damage that redefining marriage will do has outlined a variety of ways in which such rights will be undermined. These include the prospect of teachers being forced to teach against their beliefs, public sector workers losing their posts for not promoting the government’s new vision of marriage and carers being rejected from fostering because of their Christian beliefs. This amounts to a serious threat to civil liberties (see the article on p4) even to the extent of preventing people doing things which are manifestly good for society, such as fostering children, just because they will not condone or participate in things with which they fundamentally disagree.
Such a change in the law is so profound that it will be beyond the power of the Scottish Government to protect civil liberties and therefore relies on people making their views known to their politicians at all levels in order that real marriage continues to be protected. [Top]
Government Plans for Year Ahead First Minister Alex Salmond unveiled the Scottish Government's legislative programme in September for the upcoming parliamentary year. In total 15 new bills were outlined by Mr Salmond with the Referendum Bill, which seeks to create legislation for an independent Scotland, leading the programme. The Bill seeks to ensure that when the referendum is held that it will be conducted in line with the highest international standards.
From a Catholic perspective the Marriage and Civil Partnership Bill is the most controversial proposal. The bill would allow same sex couples to marry in Scotland. The
reassurance the Government is willing to state is that no religious bodies or celebrants would have to conduct same sex ceremonies against their will. This remains to be seen. Among the other bills being put forward by the Scottish Government during the 2012-13 Holyrood session are measures to improve economic growth and make more free earlylearning and childcare available which will be implemented through the Children and Young People Bill. There is a pledge also to improve care for older people which will be achieved through the Adult Health and Social Care Integration Bill .
In support of Scotland's families the First Minister announced a package of ÂŁ18 million support from the Early Years Change Fund, describing it as 'an investment in building the foundations of a better Scotland'.
The Bankruptcy Bill, also of note, aims to ensure "fair and just processes of debt relief and debt management‌ which takes account of the rights and interests of those involved." The proposed bill would seek to ensure that debt solutions in Scotland were fair to both the debtor and creditor.
The Victims and Witnesses Bill seeks to put victims of crimes at the heart of the justice system and work to ensure witnesses are able to fulfil their duty more fully. A Criminal Justice Bill is also to be introduced to simplify the arrest and questioning process.
The full list of bills is as follows.
Bankruptcy Bill Better Regulation Bill Budget Bill Children & Young People Bill Criminal Justice Bill Forth Estuary Transport Authority Bill Integration of Adult Health etc Bill Land & Building Transaction Tax Bill
Landfill Tax Bill Marriage & Civil Partnership Bill Post-16 Education Reform Bill Procurement Reform Bill Referendum Bill Tribunals Bill Victims & Witnesses Bill
A First Minister’s speech presenting his rationale for the legislative plans is available at: www.scotland.gov.uk/News/Speeches/legislative-gov-prog-sep2012
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Does ‘Sorry’ Need to Come with a Price Attached? We live in an age when many people are unwilling to apologise. Most of us could recount occasions in restaurants, on public transport, in shops or many other places where we felt that we were owed an apology but none was forthcoming. Anyone who has been involved in a road accident will know that their insurance company may penalise them for an admittance of fault to the other driver. Some people think apologising is a sign of weakness; others fear that it opens the way to claims for compensation. Margaret Mitchell Conservative MSP for Central Scotland is hoping to introduce a Bill in The Scottish Parliament so that expressions of apology could be given without admitting legal liability. She has just completed a 13 week consultation period. Ms Mitchell wants to create a culture that will encourage the use of apologies and so help to bring closure to families and individuals who feel they have been wronged. She says that this could greatly reduce the cost to the general taxpayer funding court cases that could easily have been avoided by a simple apology. This will only work by giving legal certainty that an apology made by a body or person cannot be later used against them in certain legal proceedings while also not being used as a ‘get out clause’ to prevent you from being taken to court.
There is currently some form of apology legislation in the United States, Australia and Canada and also a degree of apology coverage in England and Wales. Ms Mitchell’s current proposals are limited to civil rather than criminal matters. She looks to draw a distinction between a limited apology and a comprehensive apology. There is much that is laudable in what Margaret Mitchell suggests. However as she herself acknowledges, “you cannot legislate to make people empathise”. The worst form of apology is one that is not meant. This can be more hurtful than not receiving an apology at all. Could her legislation lead to a genuine change of heart and mind? Her proposals have been largely shaped by the thinking of one academic, the psychiatrist, Aaron Lazare. He has given examples to illustrate the difference between an effective and ineffective apology. He states that Pope John Paul II gave an effective apology for the abuses committed by Christian colonizers against Indian peoples. Saying sorry is often the right thing to do but will legislation be more effective in achieving this than God’s prompting of our conscience.
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Current Legislation Aquaculture and Fisheries (Scotland) Bill (G) Introduced 3 October Freedom of Information (Amendment) (Scotland) Bill (G) Stage 1 (lead committee (Finance)) 24 October High Hedges (Scotland) Bill (M) Introduced 2 October Local Government Finance (Unoccupied Properties etc.) (Scotland) Bill (G) Stage 3 (debate, meeting of the Parliament) 31 October Scottish Civil Justice Council and Criminal Legal Assistance Bill (G) Stage 1 (debate, meeting of the Parliament) 25 October Stage 1 Report (Justice Committee) published 4 October Social Care (Self-directed Support) (Scotland) Bill (G) Stage 2 (Health and Sport Committee) 30 October Water Resources (Scotland) Bill (G) Stage 1 (evidence, lead committee (Infrastructure and Capital Investment)) Stage 1 (evidence, lead committee (Infrastructure and Capital Investment)) 24 October
(G) = Government Bill; (M) = Member’s Bill; (C) = Committee Bill; (P) = Private Bill; (H) = Hybrid Bill.
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Good Intentions on Parenting are Built on Shaky Foundations Aileen Campbell MSP, Minister for Children and Young People launched the Government's National Parenting Strategy earlier this month. The Scottish Government state that they want the best for all of our children, ensuring that all families receive the help they need. This is a laudable aim but the methods that The Government has thus far employed cause great concern. They have asked partner organisations to engage with parents and others with a parenting role rather than a general engagement with any interested parents across society. The policies which emerge reflect this and propose a skewed vision of parenting issues. Notably, marriage is completely sidelined.
The problems are with inconsistencies within the thinking of the proposed strategy. The good intentions are evident, for example the minister Aileen Campbell states “Parents are the first educators and as such, the biggest single influence on a child’s educational aspirations and attainment throughout life” but the strategy also makes very questionable claims such as “there’s no evidence to suggest that children of lone parents automatically do any worse in life than those with two”. This statement seems carefully worded to get around the fact that children are much more likely to do better when raised by both their parents. In a recent study of deprivation by the group Demos, it was found that “unmarried households with children were six times more likely to be severely disadvantaged than married households” . The inconsistent thinking of the strategy is betrayed when having attempted to sideline the importance of family composition it then seems implicitly to recognize the best arrangement for family structure by committing to have fathers more involved in the raising of their children.
Ultimately anti-family ideologies will never be coherent because they have to be confused. They have to overcome the natural experience of the majority of people who know that children naturally arise from within the context of a family. Most people recognize that all things being equal, it is with the natural mother and father that children do best.
The document raises euphemistic speak to a new level. It makes a commitment in regard to teenage pregnancy to enhance “pre-conception preventative activity and support for those who do not continue with their pregnancy”; which is a way of committing to contraception and abortion services without saying so. This builds on the failed efforts in these areas which have had a terrible effect in sexualizing young people and in undermining parental authority.
As family life is fragmented through the decline of our culture it unfortunately needs initiatives which help rebuild family life. The sad reality for our political classes is that they typically don’t realise that they are on the one hand doing a lot to undermine family life and then on the other trying to correct the problems that they are contributing to.
The family is the basic cell of society and is not there to be moulded by politicians, rather politicians exist to support the family when it needs help. There is evidence in the strategy that there is a genuine wish to do this but unfortunately it is undermined by some of the common anti-family values of our age.
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News in Brief Concerns have been expressed in a parliamentary debate on gambling. Roseanna Cunningham noted that Scotland had the highest levels of gambling participation in Britain in no fewer than seven categories: football pools, slot machines, bingo, fixed-odds betting terminals, sports betting, betting on non-sports events and online betting. John Mason pointed out that “there is a darker side to gambling, when it moves from fun to addiction. Others gamble because their life seems hopeless. They think that if only they could get a big win, it would take the pressure off their life”. ********* The Equal Opportunities Committee of the Parliament has published “Having and Keeping a Home: steps to preventing homelessness among young people”; a report which highlights a series of challenges faced by young people leaving care as they attempt to cope with independent living and try to overcome the impact of family breakdown. *********
The SNP’s long held opposition to membership of NATO, North Atlantic Treaty Organisation, was overturned in a narrow vote at its annual conference in Perth. The
leadership had been eager to drop the opposition seeing it as a way to gather greater support with the electorate who may perceive membership as giving greater security to Scotland should it become independent. However it has resulted in the resignation of two MSPs from the party. ********* Labour MSP Mary Fee has added her support to Margo Macdonald’s bill to allow patients’ lives to be ended in some circumstances. We now await further information on the timetabling of the bill as this additional supporter now meets the threshold for allowing the Parliament to process the bill. Her previous attempt was roundly defeated and the haste at reintroducing the issue should be a disincentive for politicians in pushing it forward. ******** Labour MSP, Michael McMahon has quizzed the government over allegations that the lead researcher on its consultation on civil partnership and same sex marriage "insulted and belittled" Christian views while preparing the report and "directed obscenities" at Cardinal Keith O’Brien in the presence of other members of the analysis team. Alex Neil, representing the government indicated that the government had received no evidence on the allegation.
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Civil Liberties at Risk Creating a decent society depends on the balance of various principles and virtues. For example justice and charity help balance each other just as solidarity and subsidiarity help us strike the proper level at which we intervene in other people’s lives. Establishing any particular principle to the exclusion of others is a recipe for all sorts of injustices. This is however what has been created in our equality laws resulting in cases such as that of Adrian Smith a housing worker who was demoted with a consequent loss of £14,000 in salary because he simply commented on his personal facebook page that same sex marriage was “an equality too far”. This was his expressed opinion in his own private time accessible only by friends on his facebook account but one of them was a colleague who denounced him to his employers who promptly took punitive action against him. It is difficult to understand why expressing a view that the current law is fine could lead to problems.
His case is one of many which will increase as the equality laws which have been created get further embedded and promoted within our society. Many shrug their shoulders, and politicians seem at ease with his plight but those unaffected today may one day find themselves in a similar position to Adrian Smith. Alexander Solzhenitsyn warned western society that it needed moral courage to speak out against things that were wrong if it wanted
to survive. That time to speak out is now. The government’s determination to redefine marriage will exacerbate the situation which allows cases such as this to happen. Expert legal advice has highlighted that if the law is changed there are going to be threats to the basic civil liberties of a variety of people in our society. Teachers, parents, couples wishing to foster children, hospital chaplains, organisations wishing to retain religious values, will have civil liberties undermined. In addition church groups could find themselves excluded from accessing public facilities if local authorities decide that such groups are not complying with equality laws.
The assurances mouthed by politicians that priests will not be forced to conduct same-sex services are superficial and missing the point that the law goes way beyond what happens within the walls of a Church. Freedom of conscience, freedom of assembly and freedom of expression have to be recognised across society if they are to be real freedoms.
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Recommended Reading The Giver by Lois Lowry is a story of an ideal society where life is minutely planned to ensure perfection and happiness for all. Like all attempts at earthly paradise its costs are high and unacceptable to the central character of the book. It is an interesting read for young people and adults alike.
The Year of Faith is a year to learn more about our Catholic beliefs. Why not set a year’s project of reading the complete Catechism of the Catholic Church. You can sign up to receive a small portion of the Catechism each day for the year ahead at www.flocknote.com/catechism
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Consultations (with closing date) Recyclate Quality Action Plan - Consultation Paper (28/12/2012)
Consultation on a review of the Animal By-Products (Identification) Regulations 1995 (30/11/2012) Renewables Obligation Banding Review - Supplementary Consultation - October 2012 (11/01/2013) Directive 2011/7/EU on Combating Late Payment in Commercial Transactions (19/10/2012) Review of the Building (Scotland) Regulations 2004: Technical Handbooks (Non Domestic) - Section 2 (Fire) (12/12/2012) Review of the Building (Scotland) Regulations 2004: Technical Handbooks - Section 0 (General) (12/12/2012) Review of the Building (Scotland) Regulations 2004: Technical Handbooks - Section 3 (Environment) and Section 4 (Safety) (12/12/2012) Review of the Building (Scotland) Regulations 2004: Technical Handbooks - Section 7 (Sustainability) (12/12/2012) Transposition of the Industrial Emissions Directive in Scotland: Consultation (24/10/2012) Reducing the drink drive limit in Scotland (29/11/2012) The implementation of Council Regulation 1099/2009 on the protection of animals at the time of killing (26/10/2012) Consultation on Recommendations for No-Fault Compensation in Scotland for Injuries Resulting from Clinical Treatment (23/11/2012) M9/A90/M90 Trunk Road Regulations 2012 and M9/A9 Trunk Road Regulations 2012 (05/11/2012) Procurement Reform Bill - Consultation (02/11/2012) Consultation on New Controls in the Nephrops and Crab and Lobster Fisheries (30/10/2012) Consultation on Proposals for a Better Regulation Bill (26/10/2012)
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Edited by John Deighan with contributions from Tom Higgins, Fr Paul Brooks, Lucille McQuade and
Tom Bradshaw
Catholic Parliamentary Office 3rd Floor 5 St Vincent Place GLASGOW G1 2DH
Phone: 0141 222 2182 Mobile: 07930 405 313 Email: jdeighan@rcpolitics.org Website: www.rcpolitics.org
Catholic National Endowment Trust (also known as The Bishops’ Conference of Scotland) Charity Number: SCO 16650
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