Committee
Equal Opportunities Committee 24 September 2015
24 Sep 2015 · S4 · Equal Opportunities Committee
Item of business
Subordinate Legislation
Qualifying Civil Partnership Modification (Scotland) Order 2015 [Draft]
Marco Biagi
Watch on SPTV
I think that we are getting into a very wide question about draftsmanship. I could be uncharitable and point to the Scotland Act 1998—a piece of legislation that everybody in this Parliament is familiar with, many parts of which now resemble its original version only tangentially, having had things bolted into it. There is always a point where legislation that has been amended very often is revisited and consolidated with a new act. However, the process is fairly common and the habit is to be able to provide the act as it is in force, and to be able to provide that online. The order that implements the changes may be quite complicated. I think that we have both served on the Subordinate Legislation Committee, so we appreciate the complexity—
In the same item of business
The Convener
Lab
Agenda item 2 is evidence from the Minister for Local Government and Community Empowerment on the draft Qualifying Civil Partnership Modification (Scotland) ...
The Minister for Local Government and Community Empowerment (Marco Biagi)
It is a pleasure to be back here at the Equal Opportunities Committee to outline what the draft order will do and to ask the committee to recommend it. I cl...
The Convener
Lab
Thank you for that information, minister. Do members have questions for the minister?
John Mason
SNP
Will you clarify something, minister? I understand that there are two potential routes if a civil partnership in Scotland is to be changed into a marriage: t...
Marco Biagi
The administrative process takes advantage of the access that we currently have under the registers to whether the couple has already been verified under Sco...
John Mason
SNP
I accept that the marriage ceremony can be quite simple, but would there be a cost difference in that?
Marco Biagi
I will refer to an official on the costs.
Simon Stockwell (Scottish Government)
People can have a civil marriage ceremony in Scotland for £125. That is more expensive than the administrative route for changing a civil partnership to a ma...
John Mason
SNP
Right. Does that include any checks that have to be done on the closeness of the relationship and the things that the minister talked about?
Simon Stockwell
Yes. As the minister said, those checks will have been done when the couple entered the civil partnership because the provisions relating to whether people a...
John Mason
SNP
Okay. Thank you.
Christian Allard
SNP
We all welcome the order, of course. Some of us voted for the amendment, and the order is quite welcome out there as far as we can see. I would like to know...
Marco Biagi
It is hard to tell exactly, because we do not have a register of everybody who has entered a relationship abroad and is now living in Scotland. We are not a ...
Annabel Goldie
Con
Minister, this is less a specific question and more a general observation on drafting. I am clear about the policy intention and I rely on the advice of our ...
Marco Biagi
I think that we are getting into a very wide question about draftsmanship. I could be uncharitable and point to the Scotland Act 1998—a piece of legislation ...
Annabel Goldie
Con
Thankfully, minister, I never served on that committee.
Marco Biagi
Never?
Annabel Goldie
Con
That is probably why I still have a degree of sanity today. Laughter.
Marco Biagi
Well, there you go. My apologies for that slight on your character, if you took it as such. I certainly spent some time on that committee and I appreciate th...
Simon Stockwell
We have a programme of work with the Scottish Law Commission to look at possible candidates for the consolidation of legislation. I and colleagues had a meet...
Marco Biagi
I am sure that the convener of the Justice Committee will be thrilled to hear that, when she does. If we think about the entire process, the Marriage and Ci...
Annabel Goldie
Con
Convener, I thank the minister for his tolerance.
The Convener
Lab
I have a quick question about individuals whose civil partnerships were conducted outwith Scotland in countries where Scotland’s marriage is not recognised. ...
Marco Biagi
Yes. One of the big concerns about the option, as indeed with any aspect of cross-border family law, is that when people move from one country to another, a ...
The Convener
Lab
That is fine. People are made aware of those issues.
Marco Biagi
Yes. We have taken time to develop the guidance that will go to couples and the extra advice in the registrars handbook, to ensure that they can advise coupl...
The Convener
Lab
As there are no further questions, we move on to agenda item 3, which is formal consideration of motion S4M-14271. I invite the minister to speak to and move...
Marco Biagi
I have already spoken in favour, so I will happily just move the motion. I move, That the Equal Opportunities Committee recommends that the Qualifying Civi...
The Convener
Lab
That concludes consideration of the affirmative instrument. We will report the outcome of our consideration to the Parliament. I thank the minister and colle...