Meeting of the Parliament (Hybrid) 19 May 2020
I mentioned the issue only because it was covered in the committee’s report. I am not arguing for such an approach; I was trying to be humorous, although I possibly failed on this occasion. [Laughter.]
The Faculty of Advocates has also expressed concerns that the decision surrounding civil partnerships does not extend to adultery. It advised the committee to seek clarification, given that
“civil partnership for opposite sex couples is intended to be an alternative to marriage”.
The Law Society of Scotland also suggested that it may be beneficial to consider
“whether to harmonise the grounds for the dissolution of both marriage and civil partnership”.
I therefore say to Mr Cole-Hamilton that it is a serious point to be considered; it is another area that could be looked at. However, I note the evidence taken on the issue and the committee’s view that the matter is one for divorce law.
I will touch on one other issue. Section 3 provides for couples in different-sex civil partnerships formed in England, Wales and Northern Ireland to be temporarily
“treated as if in a marriage”
until different-sex civil partnerships are registrable in Scotland. The committee’s report says:
“The Scottish Government developed this policy for interim recognition because civil partnerships for different sex couples are now available in the rest of the UK. Therefore, section 3 of the Bill will allow civil partners who move to Scotland to access the rights and responsibilities that would come from a marriage, until different sex civil partnerships come into force ... A number of written submissions expressed some disappointment with this provision.”
I look forward to seeing the bill pass this stage and to engaging with it as it makes its way through the parliamentary process. My colleagues Mr Golden and Mrs Harris will grab the challenge with their usual gusto. For now, we are content to support the general principles of the bill.
16:10