Hansard

I am delighted to be able to participate in this afternoon’s stage 1 debate on the Civil Partnership (Scotland) Bill. I pay tribute to the committee clerks, the convener, the members of the committee and everyone who has given evidence or made a contribution to the committee.

As my colleagues have outlined, we, in the Scottish Conservatives, support the general principles of the bill, which will also bring Scots law into line with the position in the rest of the United Kingdom. Although how we got to where we are is understandable—the introduction of civil partnerships for same-sex couples in 2004 being followed by the extension of marriages to same-sex couples in 2014, which also allowed people in civil partnerships to convert their legal status to married—there now exists an inequality between the legally recognised partnerships that are available to mixed-sex couples and those that are available to couples of the same sex. A bill to address that inequality serves as the logical next step to the previous legislative changes that have reflected wider changes in our society and advanced the fundamental principles of liberty, equality and choice.

As my colleague Graham Simpson said, there is a wider question about how best to go about addressing the issue. To a great extent, civil partnerships were an important stepping stone towards marriage for same-sex couples at a time when many legislators—and, perhaps, Scotland more widely—were not ready to take that next step. However, the situation has changed. Although there is an argument to be made that such a stepping stone is no longer necessary, it is clear that there remain couples of all compositions who object to the very institution of marriage on many different grounds but who still wish their relationship to be legally recognised. That is important with regard to equality of choice and equality of involvement. That has been demonstrated by the court case in England that we have heard members speak about today and, indeed, is noted by the Equalities and Human Rights Committee. That was commented on by my colleague Annie Wells a few moments ago. The simplest solution, therefore, is the one that the bill advocates—namely, allowing mixed-sex couples to enter into a civil partnership should they prefer to do so rather than get married—and that is why we, in the Scottish Conservatives, support the general principles of the bill at this stage.

It is clear that the bill has widespread support from across Scottish civil society. It is good to know that many groups have made a strong commitment to the bill, including many charities and equality groups that have fought long and hard to ensure that their voices are heard. It is important that we recognise that and it is good that they are now getting that recognition. The bill also fulfils the ambitions of the Equality and Human Rights Commission, which set out the changes that it wanted in 2011.

It is important that we talk about the issue of forced formal relationships. Forced marriage is a terrible crime that has often gone unreported, and that needs to be challenged. In recent years, the UK Government has taken an increasingly hard line on that crime, and our previous Prime Minister, Theresa May, introduced legislation in 2014, when she was the Home Secretary, that made it an offence across the United Kingdom. Although forced marriage is an offence, forced civil partnership is not currently an offence. The bill seeks to address that by making a forced civil partnership an offence in Scotland, which is a welcome development, because forced formal relationships are abusive, and we need to recognise that.

Like other members who have spoken in the debate, I am concerned that the bill does not provide a means for a marriage to be converted into a civil partnership although there is the ability for the reverse to happen. Ministers have set out that one of the justifications for the bill is that it advances the principle of choice. It is important that we recognise the principle of choice, but, if that is what the bill is meant to do, why should people who are married not be allowed to convert their marriage to a civil partnership if they want to—or, indeed, vice versa—without needing to fulfil the current condition of showing “equal societal recognition and the same respect as mixed sex relationships”?

There is also a risk that there could be further negative divergence on equalities between Scotland and the rest of the UK. As has been highlighted by the committee, the UK Government is currently consulting on establishing the ability to convert marriages to civil partnerships in England and Wales. I hope that that discrepancy can be given further consideration at stage 2.

The bill seeks to enhance equality in Scotland and extend the personal freedom to choose whether to enter into a marriage or a civil partnership to the whole population. I am, therefore, happy to support the bill at stage 1 and to see it progress to the next stage, because it will bring choice, fairness and equality.