Hansard

I am pleased to open the stage 3 debate on the Marriage and Civil Partnership (Scotland) Bill.

I thank the members of the Equal Opportunities Committee; its convener, Margaret McCulloch; and her predecessor, Mary Fee. Their careful and considered scrutiny of the bill is greatly appreciated. I pay tribute to and thank my team from the policy, legal and communications team, who have been helping with the bill within the Scottish Government. They have provided me with absolutely first-class support.

The stage 1 debate in November did this Parliament proud. There were many eloquent and moving speeches, with respect shown on all sides. I am sure that, although different views are honestly and earnestly held across the chamber, we will, nevertheless, represent those views in a respectful manner.

If we pass the bill, today will mark an historic day in the history of the Scottish Parliament. I believe that we have got the balance right in the bill. We are extending the rights and freedoms of people of the same sex who wish to be married and to have that marriage recognised by the state. At the same time, we are building in necessary safeguards for the rights of those who are opposed to same-sex marriage and who do not wish to perform same-sex marriage, particularly church organisations and celebrants.

We are doing a remarkable thing today. We are saying to the world, loud and clear, on behalf of Scotland, that we believe in recognising love between same-sex couples in the same way that we do between opposite-sex couples.

We have taken forward this process carefully, and I am confident that, following the two consultations, a robust committee process and today’s proceedings in the chamber, we have achieved an excellent package. Of course, the bill does not just introduce same-sex marriage; it also includes detailed provisions in other areas. I will give a brief overview of those provisions before moving to the provisions on same-sex marriage, because the other provisions are also important.

In the case of couples who wish to have a civil marriage, the bill allows flexibility for ceremonies to be undertaken anywhere that is agreed by the registrar and the couple, provided that it is not in religious premises. The bill establishes belief ceremonies alongside religious and civil ceremonies, reflecting the growing number of marriage ceremonies that are being solemnised by humanists. The bill also authorises Church of Scotland deacons to solemnise opposite-sex marriage.

Scotland has an excellent reputation for marriage ceremonies. Indeed, one of the strengths of the Scottish system is its diversity and variety. The bill seeks to protect that by introducing the possibility of qualifying requirements for religious and belief bodies to meet before their celebrants may be authorised to solemnise marriages or register civil partnerships.

The bill extends the normal notice period for marriage and for civil partnership from 14 days to 28 days, which will work as a deterrent to sham marriages and reflects the reality of how long it takes to check that a person is eligible to marry in Scotland.

As well as changes to marriage law, the bill makes some changes in relation to civil partnerships. Most notably, the bill introduces the religious or belief registration of civil partnership, where the religious or belief body is happy to take part. As debated earlier, the Government will consult publicly on the future of civil partnerships, taking account of the introduction of same-sex marriage.

Clearly, the major innovation in the bill is the introduction of same-sex marriage. The bill proposes to allow same-sex couples to do what thousands of opposite-sex couples do every year—get married. Same-sex couples will be able to choose whether to have a religious, a belief or a civil marriage ceremony, recognised by the state.

Although the bill will allow religious and belief bodies that wish to solemnise same-sex marriage the opportunity to do that, we respect the decision of those religious and belief bodies that do not wish to take part. Not only do we respect that decision, but we have put in place specific protections in the bill for such religious and belief bodies so that they cannot be forced to solemnise same-sex marriage.

The bill establishes an opt-in system for religious and belief bodies in relation to same-sex marriage and civil partnerships. It also makes it clear that there is no obligation to opt in. We have agreed an amendment to the United Kingdom Equality Act 2010 to provide further protection for individual religious and belief celebrants. That amendment will protect individual celebrants who refuse to solemnise same-sex marriage and civil partnerships from court actions claiming discrimination. Of course, a number of religious and belief bodies wish to take part in same-sex marriages and will welcome the opportunity to do so.

The bill does not include a specific opt-out for civil registrars. That is because a civil registrar is a public servant providing only a public function. The registration of civil partnerships by civil registrars in Scotland has worked well and there is no reason to expect that the solemnisation of same-sex marriage by civil registrars will not work just as well.

Those who are opposed to same-sex marriage have made it clear that their concerns go beyond issues in relation to celebrants and registrars and relate to other issues in society. Most notably, we have heard concerns in relation to freedom of speech. There is nothing in the bill that impacts on freedom of speech. Indeed the wide-ranging debate on the bill, in which diverse views have been expressed, shows that freedom of speech is, as it should be, alive and well in Scotland. The bill includes provision at section 14 to make it clear that the introduction of same-sex marriage in Scotland will have no impact on existing rights to freedom of speech, thought, conscience and religion.

We have listened to people’s concerns about potential prosecutions for speaking out against same-sex marriage. The Lord Advocate’s prosecution guidance puts beyond doubt that

“criticism of same sex marriage or homosexuality is not in itself an offence”.

In relation to guidance, the Government has sought views on updating education circular 2/2001 on the conduct of relationships, sexual health and parenthood education. We are considering the points that have been made and will issue updated guidance shortly.

In all our work, whether guidance or legislation, we have aimed to listen, to be inclusive and to increase rights and provide protections. In relation to same-sex marriage specifically, I strongly believe that the bill achieves the right balance between treating all of our citizens equally and respecting and protecting the rights of conscience and religious objection.

In addition to same-sex marriage, we make new provisions for the transgender community, which I hope will make life a lot easier for that community.

Our society has changed, and changed for the better. Within my adult life, we have seen an end to the criminalisation of homosexual acts and the introduction of civil partnerships. Today is a momentous day for equality in our nation. No longer will persons of the same sex be barred from showing their commitment to each other through getting married.

This legislation sends a powerful message to the world about the kind of society that we in Scotland are trying to create—a nation where the principles of fairness and equality are woven into the very fabric of our society; a nation that protects and promotes freedom of expression; a nation that cherishes love; and a minister who prepares a shorter speech to allow other members the opportunity to speak for longer in the debate.

I commend the bill to the chamber and ask my fellow MSPs to support it and support it well.

I move,

That the Parliament agrees that the Marriage and Civil Partnership (Scotland) Bill be passed.