In an explanatory note the two deputies argue that these fees are discriminatory to humanist celebrants and could therefore open up the States to legal action:
“The Regulations provide for lower (or no) fees for religious officials on the basis that they are trained by their religious orders, whilst civil celebrants are trained by HM Greffier. Presently, there is no oversight or specified requirements of the training provided by religious orders.
“The Regulations discriminate against humanists as they are required to pay for additional training as civil celebrants, despite not being civil celebrants, as they represent a non-religious belief and, in any event, they receive training and annual accreditation from Humanists UK, as explained in the attached Appendix. According to Article 9 of the European Convention on Human Rights (ECHR), non-religious beliefs must be treated on par with religious beliefs. This is further enshrined in Section 3 (1) of The Human Rights (Bailiwick of Guernsey) Law, 2000. The Regulations expose the States and taxpayers to the risk of litigation from humanists.
“There is presently one humanist celebrant in Guernsey. The litigation risk is therefore wholly disproportionate to the revenue received from humanist celebrants. There will be no material loss of revenue to the States provided the Policy & Resources Committee makes new Regulations which reflect the increases in fees set out in the present Regulations, other than making provision to treat humanists as authorised religious officials for the purposes of the Regulations.
“The proposer and seconder of the Motion have engaged with the Policy & Resources Committee for some time and will continue to do so in an attempt, if possible, to resolve the matter by agreement without the need to lay the Motion.”