Committee
Justice 1 Committee, 09 Nov 2005
09 Nov 2005 · S2 · Justice 1 Committee
Item of business
Family Law (Scotland) Bill: <br />Stage 2
Speaker
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Amendment 19 agreed to.
In the same item of business
The Convener (Pauline McNeill):
Lab
Good morning and welcome to the 36th meeting of the Justice 1 Committee in 2005. It would be helpful if committee members could do the usual and switch off m...
Mr Jim Wallace (Orkney) (LD):
LD
Yes, I am.
The Convener:
Lab
We have to do that every week.
Mr Wallace:
LD
I would not wish my vote not to be counted.
The Convener:
Lab
I welcome the Deputy Minister for Justice, Hugh Henry, and the officials who are assisting him today—Carol Duncan, Anne Cairns and David McLeish—to day 3 of ...
Section 14—Financial provision: valuation of matrimonial property
The Convener:
Lab
Amendment 17, in the name of the minister, is in a group on its own.
The Deputy Minister for Justice (Hugh Henry):
Lab
Section 14 of the bill amends section 10 of the Family Law (Scotland) Act 1985 by allowing the courts, on the application of either party, to consider and ta...
The Convener:
Lab
I probably know the answer to this question, but I would like to get it on record. Amendment 17—which seeks to deal with the case of Wallis v Wallis, on whic...
Hugh Henry:
Lab
Yes, it would apply either way.
Amendment 17 agreed to.
Section 14, as amended, agreed to.
After section 14
The Convener:
Lab
Amendment 18, in the name of the minister, is grouped with amendment 23.
Hugh Henry:
Lab
Amendment 18 is a technical amendment, which is required to update Scottish matrimonial legislation to take account of the Pensions Act 2004.In short, the 20...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
I have a technical question. I am broadly supportive of amendment 18, but to what extent does it provide protection for or cover pensions that are paid from ...
Hugh Henry:
Lab
That is probably a matter for the Pensions Act 2004 rather than the bill, as I suspect that the matter is reserved. However, not being an expert in that area...
Amendment 18 agreed to.
Section 15 agreed to.
After section 15
The Convener:
Lab
Amendment 19, in the name of the minister, is in a group on its own.
Hugh Henry:
Lab
The Law Society of Scotland brought to the Executive's attention the unfairness that can arise as a consequence of the failure of the Family Law (Scotland) A...
The Convener:
Lab
Amendment 19 was suggested by the Law Society; does that mean that the 1985 act has been defective all that time?
Hugh Henry:
Lab
I would hesitate to say that it has been defective all that time. We have identified potential for improvement.
The Convener:
Lab
Obviously, that is what I meant.
Mr Wallace:
LD
I hope that that does not apply to those of us who passed the 1985 act.
The Convener:
Lab
Indeed not. You are here to keep an eye on us, Jim.
Amendment 19 agreed to.
The Convener:
Lab
Amendment 20, in the name of the minister, is grouped with amendments 22, 24 to 27, 41 and 29 to 31.
Hugh Henry:
Lab
Amendment 20 deals with the concept of illegitimacy, which many commentators and other people throughout Scotland, including the Law Society, desire to see r...