Hansard

Like the cabinet secretary, I am pleased to participate in the stage 3 debate on the Marriage and Civil Partnership (Scotland) Bill.

I commend the members and clerks of the Equal Opportunities Committee for their diligence in scrutinising the bill at stage 1 and, at stage 2, considering many of the amendments that we have also debated today. When there is a free vote in the Parliament, it places much more responsibility on committee members to take care in their considerations. Whatever their ultimate view, all the members of the Equal Opportunities Committee have done an outstanding job for the Parliament in subjecting the bill and its amendments to a robust level of scrutiny. I believe that Margaret McCulloch deserves particular recognition for so smoothly taking over from Mary Fee as the committee’s convener part way through the bill’s passage. [Applause.]

Ultimately, however, this is a Government bill, started by Nicola Sturgeon, who was clear in her commitment to same-sex marriage, and carried forward by Alex Neil, who may not have used all his speaking time but has certainly used his considerable political skill to deliver the bill itself.

Undoubtedly, there has been a volume of evidence both in favour of and against the bill. The consultation received a record number of submissions—over 70,000 in total. As Scotland for Marriage pointed out, more of those submissions were against the bill than in favour of it. I have to say that the correspondence that I have received over the passage of the bill is much more finely balanced. Views are passionately held and I respect that. However, I repeat something that I said at stage 1: this is about changing attitudes in Scotland. It is the case that attitudes are changing. We should consider the evidence on that, which I think we would all agree is robust and reliable.

The Scottish social attitudes survey in 2002 showed that 41 per cent of people were in favour of same-sex marriage and 19 per cent were against it. In the same social attitudes survey, but this time in 2010, the proportion of people who were in favour of same-sex marriage had risen to 61 per cent. I can only imagine what it would be today. A shift of 20 per cent in opinion on any issue in such a short space of time is, frankly, astonishing and it speaks to the way that we are progressing as a society. If we begin to unpack the detail of that, we find that support for equal marriage can be found across all echelons of society, among the religious and the secular, people of all ages and income groups and people resident across the length and breadth of the country. Support for this bill therefore transcends religious, social, demographic and geographical boundaries.

If we examine the detail even further, we see that, according to the survey, 55 per cent of those who identified themselves as Catholic supported same-sex marriage and 21 per cent were opposed. Among Scottish Presbyterians, 50 per cent supported same-sex marriage and 25 per cent were against. Of those living in the most deprived areas of Scotland, 67 per cent supported same-sex marriage, while the figure for those who live in the most affluent areas was 63 per cent. Frankly, it makes no difference whether someone lives in urban or rural Scotland, because support for same-sex marriage is roughly the same. Support among young people is higher than support among older people. I will explore that in more detail shortly. There is no doubt about current public attitudes.

Let us look at another data set, helpfully provided by Professor John Curtice, who as we know has a wealth of experience in these things. He described a cultural shift in Britain over the past 30 years. According to Professor Curtice, in 1983, 62 per cent of the population believed that same-sex relationships were mostly or always wrong. That figure has dropped to 28 per cent, which is quite extraordinary. His explanation for that shift is that it is young people who increasingly support same-sex marriage. The Equality Network backs that up by telling us that support for same-sex marriage is highest among those who are under 55. Taken together, I believe that that offers the kind of robust and credible evidence that we always pride ourselves on seeking before making policy in this chamber.

On that note, I want to consider what has happened in other countries that have legislated for same-sex marriage. In Europe, since 2001, we have seen the Netherlands, Belgium, Spain, Portugal, Norway—I could go on and on—and, most recently, England and Wales, legislate in this area. We also see same-sex marriage in Canada, South Africa, Argentina, New Zealand, Uruguay, Brazil and 17 states in America where it is the norm. Many of those countries are considered to be very religious. A significant number, such as Spain, Portugal, Argentina and Brazil are predominantly Catholic. In Portugal an amazing 81 per cent of the population identify themselves as Catholics, but they have same-sex marriage in place.

In the Netherlands, which was the first country to introduce same-sex marriage, support for their bill was about 62 per cent in 2001. That has now risen to such an extent that I understand that almost everyone there supports same-sex marriage—the highest approval rating of any European country. Apparently some 16,000 people have a same-sex marriage each year out of a nation of 16 million.

When the Parliament passed a law on civil partnerships, we took a huge step forward. Same-sex couples had the legal rights associated with marriage. However, I recognise that, for some, that falls far short of a marriage in which their love and commitment are fully recognised. The Equality Network talks about a gold standard; whatever language we use, it is a matter of equality and fairness.

For a host of reasons, I believe that equal marriage is an idea whose time has come and I will vote in support of the bill this evening.

That said, very few of us in this chamber have been deaf to the concerns that have been raised. I am pleased that we had a robust debate at stage 2 and today in this chamber. I welcome the openness of the chamber to hearing the concerns expressed. It is a sign of a mature Parliament that we have been able to consider the bill in a calm, sensible and objective manner, with tolerance of those who hold differing opinions from ours.

The principal area of concern was in relation to the protections that have been put in place by the Scottish Government. I believe that most members have been persuaded that it will not be possible for any religious or belief body to be forced to perform a same-sex marriage. Celebrants will not be forced to perform a same-sex marriage if it is against their beliefs and no one will be compelled to perform same-sex marriage ceremonies. Under the Government’s proposals, it will be their choice to opt in.

Indeed, throughout consideration of the bill, it has been made clear on numerous occasions that no part of the religious community that does not wish to conduct same-sex marriages will be forced to do so. I believe that that is right and proper: these are matters of conscience, doctrine and belief that are properly for the church and not the state.

Religions already can and do refuse to marry people. That is a matter for them; it is not proposed that that will change in any way. However, I recognise the genuine concerns that people have raised about protections and I very much welcome the arrangement between the Scottish and United Kingdom Governments to amend the UK Equality Act 2010. The 2010 act contains provisions about not discriminating when providing a service, with exemptions for religious and belief bodies that apply in certain circumstances. The Scottish Government has rightly sought the protection to be more comprehensive by asking for a further amendment that would help allay fears about challenges.

Amendments with the aim of respecting the right of those who, as a result of their religious beliefs, take the traditional view of marriage as being between a man and a woman have been considered this afternoon. Concerns have also been highlighted about freedom of speech. I think that the assurances that were given by the cabinet secretary were sufficient to allay those fears.

The Equal Opportunities Committee asked the Scottish Government to look again at the gender recognition provisions and I am pleased that the Government has acted to address those concerns.

For me, the bill is about equality, fairness and social justice: values that are instilled in many of us by our parents, community and society. For many of us, the bill is also about how we see ourselves as a nation, and how others see us. It is about the values that we hold and whether Scotland is indeed a confident, progressive nation where equality is truly valued. It is about our recognition that tolerance and acceptance of all are essential qualities of a mature and civilized society.

We are not the first country to agree to same-sex marriage and we certainly will not be the last. Those countries that have led the way have not suffered any adverse impact on their social and cultural values; in fact, I would suggest quite the opposite.

It is time for change. It is time to support equal marriage.

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