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Equal Opportunities Committee 16 January 2014

16 Jan 2014 · S4 · Equal Opportunities Committee

Item of business

Marriage and Civil Partnership (Scotland) Bill: Stage 2

Neil, Alex SNP Airdrie and Shotts Watch on SPTV

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 that will tidy up our provisions so that they dovetail appropriately with the provisions in the Marriage (Same Sex Couples) Act 2013.The 2013 act introduced same-sex marriage in England and Wales. It also made other changes, some of which extended to Scotland. The committee considered, and Parliament agreed to, a legislative consent motion to allow Westminster to legislate on devolved matters. However, when we introduced the bill, we could not take it for granted that the then Marriage (Same Sex Couples) Bill would be passed. As a result, there are currently some overlaps and inconsistencies between the two pieces of legislation.Amendment 51 is a minor technical amendment. Currently, a gender recognition certificate may be issued under sections 4, 5 and 5A of the 2004 act. However, should the bill be enacted, it will also be possible for gender recognition certificates to be issued under new sections 4C and 5D of the 2004 act. Amendment 51 therefore reflects that, in the future, gender recognition certificates may be issued under more provisions in the 2004 act than is the case now.Amendments 52, 55 to 56 and 67 relate to the provisions on statutory declaration of consent in paragraph 2 of schedule 2 to the bill. Amendment 52 will remove the definition of the term “statutory declaration of consent”. The 2013 act inserted a definition of “statutory declaration of consent” into the 2004 act, which will also extend to Scotland. However, it is slightly different from the definition in the bill. Amendment 52 will therefore remove any confusion that might arise as a result of there being two definitions of “statutory declaration of consent” that would both apply to Scotland.Amendment 54 will remove proposed new section 3(6D)(b) of the 2004 act, which would be inserted by paragraph 3 of schedule 2. The provision would require an applicant to the gender recognition panel to provide a statutory declaration on where the marriage was solemnised. That is unnecessary, as the 2013 act already makes similar provision, which extends to Scotland.Amendment 55 is a consequence of amendment 52. It will slightly expand proposed new section 3(6D)(c)(i) in the 2004 act to clarify that the statutory declaration that is referred to is a statutory declaration of consent by the applicant’s spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate. That is in line with the provisions in the 2013 act.Amendment 56 clarifies exactly what the applicant has to provide to the gender recognition panel by way of statutory declarations. An applicant will have to provide either a statutory declaration that the spouse consents to the marriage continuing, or a statutory declaration that no such declaration by the applicant’s spouse is included in the application. The amendment will bring our provisions in the area more into line with the 2013 act, and will keep consistency in the application process for the gender recognition panel.Amendment 67 is also a consequence of amendment 52 and is a minor technical amendment. It will ensure that the reference to “statutory declaration of consent” in proposed new section 4C(7) in the 2004 act refers to the updated definition as amended by amendment 55.I move amendment 51.Amendment 51 agreed to.Amendment 52 moved—Alex Neil—and agreed to.

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Equal Opportunities Committee 16 January 2014

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