Chamber
Meeting of the Parliament 20 November 2013
20 Nov 2013 · S4 · Meeting of the Parliament
Item of business
Marriage and Civil Partnership (Scotland) Bill: Stage 1
The Marriage and Civil Partnership (Scotland) Bill will make a number of changes to the law on marriage and civil partnership, but the centrepiece is obviously the legalisation of same-sex marriage, which will allow all people in Scotland who love each other the same opportunity to have their marriage recognised in the eyes of the law. That will create a more tolerant society in Scotland and will mean that there are genuine equal rights in respect of marriage across the entire community.
The bill provides that married transgender people will be able to obtain gender recognition and stay married, thereby removing the need to divorce. That provision will make a huge beneficial difference to the lives of transgender people and their spouses. I will turn later to the detail of the bill and, in particular, to the points that the Equal Opportunities Committee’s report raises.
Before doing so, I will give a brief general overview of the provisions in the bill. The bill contains a number of changes to marriage law that have been planned for some time, and some other changes to ensure that marriage ceremonies in Scotland continue to be carried out with due solemnity and dignity.
The bill also provides greater flexibility on where civil marriage ceremonies can take place; it will permit civil marriage ceremonies to take place at any location that is agreed between the couple and the registration authority, as long as that place is not religious premises.
The bill also clarifies the position of belief celebrants and puts them on the same footing as religious celebrants. That is a welcome change that acknowledges the role that humanists, for example, play in solemnising marriage in Scotland.
The bill will increase flexibility in relation to civil partnerships and will allow the religious or belief registration of civil partnership where the religious or belief body is happy to take part.
While providing greater freedom and flexibility for couples generally, the bill will also ensure that marriage procedures in Scotland remain rigorous. For example, the bill clarifies the offence of bigamy, and a number of other provisions in the bill show that we in Scotland will not tolerate sham or forced marriages, which are real problems in Scotland today, so I pay tribute to registrars and others across Scotland who are vigilant in tackling those issues.
The bill will extend the normal notice period for marriage and for civil partnership from 14 days to 28 days. That reflects the reality of the length of time it can take to check that a person is eligible to marry or to enter into a civil partnership. It will also be a deterrent to sham marriages. The bill will allow district registrars to require specified nationality evidence when a couple is seeking to enter into a marriage or a civil partnership. Such information may be needed for a variety of reasons, for example for statistical reasons. Again, requiring such evidence could combat sham and forced marriages.
The bill will also empower ministers to make regulations on qualifying requirements for religious and belief bodies to meet before their celebrants can be authorised to solemnise marriages or to register civil partnerships. Scotland has a rich diversity of religious and belief bodies that can solemnise marriage. That is very welcome, but it also means that we need to make certain that the dignity and solemnity of the ceremonies are upheld. The qualifying requirements could cover such issues as the requirement not to carry out ceremonies for profit or gain and the requirement to have an awareness of forced and sham marriages.
We will consult widely with religious and belief bodies and with others before we make any regulations. I know that religious and belief bodies share our determination to ensure that marriage ceremonies remain dignified. Equally, though, the state must not interfere with the internal workings of religious and belief bodies, so we need to ensure that a reasonable balance is struck.
The bill provides that married transgender people will be able to obtain gender recognition and stay married, thereby removing the need to divorce. That provision will make a huge beneficial difference to the lives of transgender people and their spouses. I will turn later to the detail of the bill and, in particular, to the points that the Equal Opportunities Committee’s report raises.
Before doing so, I will give a brief general overview of the provisions in the bill. The bill contains a number of changes to marriage law that have been planned for some time, and some other changes to ensure that marriage ceremonies in Scotland continue to be carried out with due solemnity and dignity.
The bill also provides greater flexibility on where civil marriage ceremonies can take place; it will permit civil marriage ceremonies to take place at any location that is agreed between the couple and the registration authority, as long as that place is not religious premises.
The bill also clarifies the position of belief celebrants and puts them on the same footing as religious celebrants. That is a welcome change that acknowledges the role that humanists, for example, play in solemnising marriage in Scotland.
The bill will increase flexibility in relation to civil partnerships and will allow the religious or belief registration of civil partnership where the religious or belief body is happy to take part.
While providing greater freedom and flexibility for couples generally, the bill will also ensure that marriage procedures in Scotland remain rigorous. For example, the bill clarifies the offence of bigamy, and a number of other provisions in the bill show that we in Scotland will not tolerate sham or forced marriages, which are real problems in Scotland today, so I pay tribute to registrars and others across Scotland who are vigilant in tackling those issues.
The bill will extend the normal notice period for marriage and for civil partnership from 14 days to 28 days. That reflects the reality of the length of time it can take to check that a person is eligible to marry or to enter into a civil partnership. It will also be a deterrent to sham marriages. The bill will allow district registrars to require specified nationality evidence when a couple is seeking to enter into a marriage or a civil partnership. Such information may be needed for a variety of reasons, for example for statistical reasons. Again, requiring such evidence could combat sham and forced marriages.
The bill will also empower ministers to make regulations on qualifying requirements for religious and belief bodies to meet before their celebrants can be authorised to solemnise marriages or to register civil partnerships. Scotland has a rich diversity of religious and belief bodies that can solemnise marriage. That is very welcome, but it also means that we need to make certain that the dignity and solemnity of the ceremonies are upheld. The qualifying requirements could cover such issues as the requirement not to carry out ceremonies for profit or gain and the requirement to have an awareness of forced and sham marriages.
We will consult widely with religious and belief bodies and with others before we make any regulations. I know that religious and belief bodies share our determination to ensure that marriage ceremonies remain dignified. Equally, though, the state must not interfere with the internal workings of religious and belief bodies, so we need to ensure that a reasonable balance is struck.
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is a debate on motion S4M-08327, in the name of Alex Neil, on the Marriage and Civil Partnership (Scotland) Bill.16:58
The Cabinet Secretary for Health and Wellbeing (Alex Neil)
SNP
The Marriage and Civil Partnership (Scotland) Bill will make a number of changes to the law on marriage and civil partnership, but the centrepiece is obvious...
Chic Brodie (South Scotland) (SNP)
SNP
What provisions are there in the bill to avoid situations in extremis that may occur when one party challenges the other, which could possibly force action t...
Alex Neil
SNP
I will go into detail on such issues later when I discuss the recommendations from the Equal Opportunities Committee.I have already referred to same-sex marr...
Alex Johnstone (North East Scotland) (Con)
Con
Can the minister clarify at this point exactly how he intends to deal with the issue of the 4,100 consultation submissions that were—through no fault of his—...
Alex Neil
SNP
We have found the submissions and we will put them on the website. As Alex Johnstone said, they were not lost through any fault of the Scottish Government. T...
Richard Lyle (Central Scotland) (SNP)
SNP
As the cabinet secretary knows, my wife and I adopted our daughter some 30 years ago. Would he agree with me that because my wife and I do not support same-s...
Alex Neil
SNP
Believing in or opposing same-sex marriage is in itself no barrier to adoption. I am happy to write to Richard Lyle to clarify the law on adoption in relatio...
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
The cabinet secretary will know that a Roman Catholic adoption agency is currently having its charitable status threatened because it does not recognise same...
Alex Neil
SNP
That matter is currently under legal appeal. Therefore, it would be inappropriate for me to comment on that particular example. I am happy to clarify such ma...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
At present, the state dictates what the position of each religious denomination should be on the matter: it explicitly does not allow them to marry people of...
Alex Neil
SNP
Absolutely; a number of religious organisations and churches are very much in favour of the proposed legislation—the Quakers being a good example. Until now,...
John Mason (Glasgow Shettleston) (SNP)
SNP
Does the cabinet secretary agree with the Queen’s counsel who told the Equal Opportunities Committee that legally the guidance will have no binding effect?
Alex Neil
SNP
I do not agree at all. The guidance is from the chief prosecutor to every prosecutor in Scotland. In my view, to say that it will have no impact is absolute ...
The Presiding Officer
NPA
I remind people in the gallery not to applaud.17:15
Margaret McCulloch (Central Scotland) (Lab)
Lab
I welcome the opportunity to speak on behalf of the Equal Opportunities Committee, following our stage 1 report on the Marriage and Civil Partnership (Scotla...
Margaret Mitchell (Central Scotland) (Con)
Con
Will Margaret McCulloch give way?
Margaret McCulloch
Lab
No—I do not have time. I have a lot to get through on the report.Some witnesses emphasised the concept of complementarity between men and women. The Catholic...
Jackie Baillie (Dumbarton) (Lab)
Lab
I am pleased to participate in this stage 1 debate on the Marriage and Civil Partnership (Scotland) Bill. At the outset, I commend the Scottish Government un...
Mark McDonald (Aberdeen Donside) (SNP)
SNP
Will the member give way?
Jackie Baillie
Lab
I will in a second.Religions can and do refuse to marry people. That is a matter for them; it is not proposed that that will change.
Mark McDonald
SNP
The member has just made my point, which is that churches are already able to choose who they marry.
Jackie Baillie
Lab
I am never keen to give up time to the member, but I am glad that we are in agreement.I welcome that point because it is important. However, I acknowledge th...
Ruth Davidson (Glasgow) (Con)
Con
The debate is not easy and it was never going to be. When areas of love meet the law and when belief, commitment and faith collide with legislation, the wate...
Jamie Hepburn
SNP
I thank Ruth Davidson for giving way during her very eloquent contribution; I am enjoying it very much. She spoke about the next generation. I am the father ...
Ruth Davidson
Con
I would hope that their father would have helped to vote them that opportunity. Talking about the next generation is important because it is those people we ...
The Presiding Officer
NPA
We now move to the open debate. I have 20 members who wish to take part in the debate. I am absolutely determined that those who have already indicated their...
Marco Biagi (Edinburgh Central) (SNP)
SNP
Thank you, Presiding Officer. I apologise for not noticing earlier that we were running slightly ahead of schedule.As is becoming clear to everyone, the bill...
Alison McInnes (North East Scotland) (LD)
LD
Is the member aware that last month marked the 50th anniversary of the publication of a book called “Towards a Quaker View of Sex”? That book said:“Surely it...
Marco Biagi
SNP
I very much agree with the sentiment that was expressed, although I speak up for Unitarians, who have also been performing same-sex blessings since the 1950s...