Meeting of the Parliament (Hybrid) 19 May 2020
We started off today with Pauline McNeill telling her story about getting married in exotic places—I am not quite sure that my wedding near Dalkeith counts as exotic, but it was certainly a very special day for my husband and me.
Marriages and civil partnerships are equally important steps. They are special, precious ceremonies for those couples who wish to legally recognise their relationship. As Fulton MacGregor quite rightly pointed out, how people choose to do that is very much a personal choice for each couple.
I will address a couple of the points that many members raised during the debate, including the interim scheme of recognition, which was mentioned by Graham Simpson, Alex Cole-Hamilton, Annie Wells and many others.
As I mentioned, I am sympathetic to the concerns of those who would prefer that their mixed-sex civil partnership was not temporarily recognised as a marriage. However, I still believe that temporary recognition as a marriage is crucial, as there is already a full body of law in place establishing the rights and responsibilities that apply to that relationship. The same will not be the case for mixed-sex civil partnerships until everything that is needed for implementation is in place, which includes a package of Scottish statutory instruments and an order under section 104 of the Scotland Act 1998 at Westminster.
If people in those relationships are to rely on the law of Scotland for recognition, I do not want them to lose any legal rights. Temporary recognition of marriage will achieve that, but I stress that those people will be considered married in law only—nothing and no one will change how they describe their relationship. Our approach on that follows broadly what has been done for same-sex marriages from elsewhere, which were recognised as civil partnerships in Scotland until same-sex marriage was available here. We are following a tried and tested approach and intend to do so for only a short time. However, as I said, I am happy to look, with members of the committee, at how the approach can be improved.
Angela Constance, Alexander Stewart and many other members spoke about the effect of changing marriages to civil partnerships. I listened with interest to what members said about that, particularly the powerful testimony of one couple’s views that Ruth Maguire talked about. In the stage 1 report on the bill, the committee clearly expressed its support for the principle of allowing married couples to change their relationship to a civil partnership. As I said, in line with that recommendation, I intend to take forward discussions with the committee on an amendment that reflects its support for that principle, and that decision has been reinforced by members’ comments today. As many members have said, it is important that we talk about the principles of equality and choice as we discuss the bill. I believe that provisions that allow married couples to change their relationship to a civil partnership would be consistent with those principles and with the bill.
Members spoke a great deal about the benefits of the bill for couples. I have been moved by what many members said about their constituents’ views on how the bill will make a real difference to them. The bill is very much for those people. It will enable them to show their love for each other by entering the form of relationship that they feel is the best expression of their beliefs. I know that the ability to do that will mean the world to those couples.
With that in mind, should the bill be enacted by the Parliament, I intend to take steps to implement mixed-sex civil partnerships in Scotland as soon as possible, while recognising the constraints that are caused by the current pandemic. In making civil partnership available to all, the bill will achieve more than the benefits for couples who want a mixed-sex civil partnership; it is about making a Scotland where equality matters and where rights are upheld in legislation.
During evidence to the committee, Elena Soper was asked about the benefits of the bill. I will quote an important passage from what she said:
“We know that women have less access to resources, assets and income due to systemic issues such as unpaid caring roles, the gender pay gap, violence against women, domestic abuse and unequal representation.”
She went on:
“Couples who want to have those enhanced legal rights without entering into the institution of marriage ought to have the option of a civil partnership.”
As members have mentioned, they agree with Elena Soper’s belief that that
“would also benefit dependent children.”—[Official Report, Equalities and Human Rights Committee, 27 February 2020; c 23-4.]
The introduction of mixed-sex civil partnerships will benefit not only the couples who want one; I believe that there can be broader societal benefits.
Members rightly stressed the importance of moving the bill along quickly and implementing it quickly should it become law. I am not alone in the chamber in wondering what the next few months will bring, and priority must of course be given to measures that are necessary to safeguard life and protect public health. Therefore, it is right that the implementation tasks for the bill, if passed, are reviewed in light of Covid-19. However, as I said, I am fully committed to carrying out those tasks as quickly as possible. A number of implementation tasks need to take place, including the introduction of an order under section 104 of the Scotland Act 1998 at Westminster and a number of Scottish statutory instruments. We will do those as quickly as we can.
I know that couples who are waiting for mixed-sex civil partnerships might feel concerned about the prospect of the implementation taking some time, so I hope that the reassurance that I have given today that I will implement the legislation as soon as possible is some comfort to them.
We heard in evidence to the committee and in correspondence to the Government that the bill is not necessary, because there are relatively few differences between marriage and civil partnership. I disagree with that, and I know that I am not alone in that, given the many contributions today that have picked up on that issue. In its written evidence on the bill, Engender said:
“For many people, particularly women, marriage may be seen as rooted in patriarchal and outdated ideals or closely bound in religious or solemnised processes.”
Engender went on to say:
“Enabling different forms of commitment to be made which provide substantively the same rights and legal protections is a marker of a diverse and pluralistic society which respects these views.”
I wish to be part of such a society, and the bill will contribute to that.
Some have suggested in evidence that mixed-sex civil partnerships are an attack on the institution of marriage. I know that people feel very strongly about the importance of marriage, but I also know that people feel very strongly about the importance of being able to enter into a civil partnership. We know from the evidence that the lead committee received that some people would prefer a mixed-sex civil partnership because they do not see marriage as fitting their beliefs. I do not believe that the institution of marriage is threatened by the beliefs and choices of people who had never engaged in that institution anyway.
A number of specific points have been brought up in the debate, which has touched on other issues. Graham Simpson tried to be humorous about the bill. That was possibly a dangerous point to try humour in the chamber or elsewhere. However, I hope that I can reassure Graham Simpson that infidelity is capable of falling into the category of unreasonable behaviour and that that can be a basis for the dissolution of a civil partnership. We believe that the wider consideration of adultery is best placed in a discussion about divorce and dissolution in general.
Pauline McNeill mentioned death in service and public pensions. The intention is to align survivor benefits for mixed-sex civil partners with those that are available to survivors of mixed-sex marriages.
Many members have spoken about the importance of equality. Ruth Maguire spoke about equality of opportunity; Andy Wightman talked about the importance of recognising that there should be no hierarchy in relationships; Alex Cole-Hamilton spoke about equality for all; Annie Wells spoke about an extension of choice; and Angela Constance spoke about equality of choice. Those points and others that members have made about the importance of equality eloquently summarise why the bill is so important. It is important for people who wish to enter into a civil partnership, and it is an important step for Scotland to recognise its responsibility to be an equal society for all.
On that basis, I commend the motion and the bill to Parliament.