Committee
Equal Opportunities Committee 16 January 2014
16 Jan 2014 · S4 · Equal Opportunities Committee
Item of business
Marriage and Civil Partnership (Scotland) Bill: Stage 2
I do not agree with amendment 48. The Government supports post-legislative scrutiny of legislation. We have, for example, recently responded to an inquiry by the Justice Committee into the effectiveness of the Title Conditions (Scotland) Act 2003, and a parliamentary debate took place last week to discuss the outcomes of that inquiry.I do not support amendment 48 for a variety of reasons. First, the amendment could be perceived as a sunset clause, and that is not the right thing to do. We cannot allow people to have same-sex marriages and then remove that right a few years later.Secondly, amendment 48 concentrates only on some aspects of the bill. We will also wish to consider, in due course, the positive outcomes that the legislation will bring. The bill will allow same-sex couples to get married, and will improve the rights of transgender people. It will allow religious and belief bodies that want to solemnise same-sex marriage the opportunity to do so while protecting those that do not. So when we consider the impact of the legislation, we will want to look at its impact as a whole. I agree that we will need to monitor for impacts on civil liberties. I do not think that there will be any such adverse impacts, but monitoring is sensible. Equally, however, we will need to monitor whether there are positive outcomes; for example, a reduction in discrimination.I suggest that amendment 48 is unhelpful. It would lay down specific requirements on what a review should consider, which could cut across what Parliament, the Government or others may want to do when considering the impact of the bill. I therefore do not support amendment 48 and invite the committee to reject it.
In the same item of business
The Convener
Lab
The second item on the agenda is stage 2 of the Marriage and Civil Partnership (Scotland) Bill. This is our second meeting at stage 2. I welcome Alex Neil, t...
The Convener
Lab
We start with amendment 47, which was debated at our previous meeting. As members know, the Presiding Officer has determined that the potential costs that ar...
The Cabinet Secretary for Health and Wellbeing (Alex Neil)
SNP
Thank you, convener, and happy new year to everybody here. It might be helpful if I say a few words on why the Government has not produced a financial resolu...
Alex Johnstone
Con
I note the cabinet secretary’s comments with interest, but believe that there are still issues to be discussed. I therefore reserve my position in order perh...
The Convener
Lab
The first group is on review of effects of introduction of same-sex marriage. Amendment 48, in the name of John Mason, is the only amendment in the group.
John Mason
SNP
As is clear from the heading of the amendment—“Review of same-sex marriage”—it calls for a review, after five years, to see whether things have gone as expec...
Alex Neil
SNP
I do not agree with amendment 48. The Government supports post-legislative scrutiny of legislation. We have, for example, recently responded to an inquiry by...
John Mason
SNP
I am a little disappointed that there is no sign of movement from the cabinet secretary. He says that something that is not a sunset clause“could be perceive...
The Convener
Lab
The question is, that amendment 48 be agreed to. Are we agreed?Members: No.
The Convener
Lab
There will be a division.ForJohnstone, Alex (North East Scotland) (Con)Mason, John (Glasgow Shettleston) (SNP)AgainstAllard, Christian (North East Scotland) ...
The Convener
Lab
The result of the division is: For 2, Against 4, Abstentions 0.Amendment 48 disagreed to.Sections 22 to 27 agreed to.Schedule 2—Change of gender of married p...
The Convener
Lab
The next group is on applications for gender recognition certificates by long-term transitioned persons. Amendment 50, in the name of the cabinet secretary, ...
Alex Neil
SNP
Amendments 50 and 74 to 76 relate to persons who are long-term transitioned to an acquired gender. Persons who are acquiring a new gender can apply to the ge...
The Convener
Lab
The next group is on further minor amendments and corrections. Amendment 51, in the name of the cabinet secretary, is grouped with amendments 52, 54 to 56 an...
Alex Neil
SNP
Amendments 51, 52, 54 to 56 and 67 relate to the change of gender of married persons or civil partners. They are, for the most part, technical amendments tha...
The Convener
Lab
The next group is on meaning of “protected Scottish marriage”: consular marriages. Amendment 53, in the name of the cabinet secretary, is the only amendment ...
Alex Neil
SNP
Schedule 2 to the bill amends the Gender Recognition Act 2004 to enable marriages that are solemnised in Scotland to continue when one or both parties change...
The Convener
Lab
The next group is on successful applications: when full gender recognition certificate to be issued and when interim gender recognition certificate to be iss...
Alex Neil
SNP
Amendments 57 to 66, 69, 71 and 73 are designed to ensure that the Marriage (Same Sex Couples) Act 2013, which was passed at Westminster, and this bill work ...
The Convener
Lab
The next group is on issue of full gender recognition certificate by sheriff where spouse has not declared consent to marriage continuing. Amendment 68, in t...
Linda Fabiani (East Kilbride) (SNP)
SNP
Amendments 68, 70 and 72 implement one of the recommendations that the committee made in its stage 1 report. It recommended that“the requirement for spousal ...
Marco Biagi
SNP
I speak in support of this group of amendments, which as Linda Fabiani has pointed out would implement a recommendation that the committee came to unanimousl...
John Finnie
Ind
I share the views of the two previous speakers, and I will support Linda Fabiani’s proposal, which was delivered in a very measured way and which shows that ...
Alex Johnstone
Con
I agree in principle with the amendments, and I wish to support that principle. However, I seek some reassurances in a key area. My concern is that the remov...
Alex Neil
SNP
I agree that Linda Fabiani introduced her amendments in a measured and comprehensive way, but I have to be honest and say that they do not reflect the Govern...
Linda Fabiani
SNP
A number of interesting comments have been made. I say to Alex Johnstone that, as there would be a non-contestable right of divorce, I do not think that the ...
Alex Neil
SNP
If they are agreed to.
Linda Fabiani
SNP
Of course, cabinet secretary.If the amendments are agreed to, I would be happy for the Scottish Government to tidy up the wording at stage 3. I therefore pre...
The Convener
Lab
The next group is on appeals against issue of gender recognition certificate. Amendment 29, in the name of the cabinet secretary, is the only amendment in th...
Alex Neil
SNP
I have only very short introductory remarks to make on the amendment.The bill provides that, when an applicant to the gender recognition panel secures a gend...