Committee
Justice 1 Committee, 02 Nov 2005
02 Nov 2005 · S2 · Justice 1 Committee
Item of business
Family Law (Scotland) Bill: <br />Stage 2
Speaker
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Amendment 14 disagreed to.
In the same item of business
The Convener:
Lab
Item 2 is the Family Law (Scotland) Bill at stage 2. I welcome once again Hugh Henry, the Deputy Minister for Justice, and his legal team: Carol Duncan, Anne...
The Deputy Minister for Justice (Hugh Henry):
Lab
I am entirely in your hands, convener. I am content to listen to what other members have to say.
The Convener:
Lab
Okay. I will take two or three comments, and then allow you the final say.
Mr Bruce McFee (West of Scotland) (SNP):
SNP
As members know, I spoke on the matter at length previously. It is regrettable that the advice was the way it was; we do not want to hammer home the point an...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
I did not participate in the first stage 2 meeting, but I remain concerned about cases in which, through inadvertence, it transpires that a marriage that too...
Mr Wallace:
LD
It is regrettable that we are in this position. However, I note that section 28 relates to the validity of marriages contracted abroad. Given that the number...
The Convener:
Lab
I would support that approach. In fact, I was going to conclude my remarks by saying that I think that the Executive ought to remain open to that possibility...
Hugh Henry:
Lab
I regret that I inadvertently misled the committee about the impact of the abolition of marriage by cohabitation with habit and repute on couples who marry a...
The Convener:
Lab
I am aware that you described the Executive's position at the previous meeting. We do not seek to argue against the Executive—well, perhaps some of us do—but...
Hugh Henry:
Lab
If we decide that it would not be appropriate to lodge an amendment and another member wishes to do so, we would support the right of that member to have the...
The Convener:
Lab
Before we begin consideration of stage 2 of the Family Law (Scotland) Bill, I welcome to the committee several visiting members: Ken Macintosh, Brian Adam an...
Before section 10
The Convener:
Lab
Amendment 14, in the name of Margaret Mitchell, is in a group on its own.
Margaret Mitchell (Central Scotland) (Con):
Con
Good morning, minister. The purpose of amendment 14 is to make explicit the possibility and encouragement of reconciliation in the proposals that are contain...
Mrs Mary Mulligan (Linlithgow) (Lab):
Lab
Good morning, minister. I fully accept the intention behind Margaret Mitchell's amendment 14. We all want to support marriage; we want, in particular, to sup...
Stewart Stevenson:
SNP
I, too, have sympathy for what Margaret Mitchell seeks to achieve through amendment 14, but I also have difficulty with the means by which she has expressed ...
Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):
SNP
These are highly sensitive matters, and I am sure that we all respect the opinions of those with whom we may not necessarily agree. I am inclined to support ...
Mr McFee:
SNP
I have a great deal of sympathy with Margaret Mitchell's attempt to introduce some sanity into a process that sometimes loses its footing. I have swithered o...
Marlyn Glen (North East Scotland) (Lab):
Lab
I start by reminding the committee of the lengths to which we have gone to take formal and informal evidence, from many organisations and at many levels, on ...
Mr Wallace:
LD
I fully understand and have some sympathy with the reasoning that underlies amendment 14. However, Bruce McFee put his finger on it when he said there is a d...
The Convener:
Lab
I am grateful to Margaret Mitchell for lodging amendment 14, because we should debate the matter. I know that such a system was tried in England and Wales. M...
Hugh Henry:
Lab
I support many of the comments that have been made and the legitimate aspiration of trying to get people to make a marriage work. A marriage is a serious und...
Margaret Mitchell:
Con
This has been an excellent debate. Amendment 14 has been thoroughly discussed and some good points have been raised. Jim Wallace's point was that if a couple...
The Convener:
Lab
The question is, that amendment 14 be agreed to. Are we agreed?
Members:
No.
The Convener:
Lab
There will be a division.
ForMcFee, Mr Bruce (West of Scotland) (SNP)Mitchell, Margaret (Central Scotland) (Con)AgainstGlen, Marlyn (North East Scotland) (Lab)McNeill, Pauline (Glasgo...
The Convener:
Lab
The result of the division is: For 2, Against 4, Abstentions 1.
Amendment 14 disagreed to.
Section 10—Divorce: reduction in separation periods