URGENT BRIEFING – Burrowes amendment to Marriage (Same Sex Couples) Bill
Bill as Amended On Report - http://www.publications.parliament.uk/pa/bills/lbill/2013-2014/0039/14039.pdf
Burrowes amendments - http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0094/amend/pbc0941607m.583-584.html
We do not believe the amendment will, as appears to be the intent, delay implementation of the Bill. We believe it is a flawed attempt to wreck the bill and we urge Members to reject it.
An order of the Secretary of State under Schedule 3, paragraph 27(3) is not required for enactment of the Bill. The power in paragraph 27 is, as far as we understand it, a residual provision reserving power to the SoS to make an order restricting or making conditional the circumstances in which the legislation is enacted.
However there is nothing in the amendment that requires or calls upon the SoS to make such an order: the Bill will come into force on Royal Assent. The amendment is wholly superfluous as section 17(2)(h) already lays out the statutory instrument required to enact the bill.
The addition of a consultation requirement appears to be an attempt to further delay the Bill, particularly as consultation has already taken place.
ENDS