Hansard

I start by reiterating Pauline McNeill’s affirmation that Scottish Labour welcomes the introduction of the bill to extend civil partnerships to mixed-sex couples, which will bring Scotland into line with England and Wales, and will promote human rights and equality through opening opportunities and providing greater choice.

Ruth Maguire’s point that the choice between marriage and cohabitation is not a good enough choice was well made. We also welcome the legal, financial and social benefits that the bill will bring to mixed-sex couples and to several equality groups, as well as the discussion that the bill has opened up on living arrangements, which have evolved at a pace that has far outstripped the law. For example, couples who choose to cohabit have weaker and less-certain rights than those who are in a civil partnership or marriage, which can particularly work against women, as several members have said. Given the long-term trend towards cohabitation, Scottish Labour supports the Scottish Law Commission’s proposed review, after the passage of the bill, of the law on cohabitation.

As several colleagues have said, it is important to highlight that civil partnerships allow couples to benefit from the legal, financial and social aspects of marriage, while avoiding an institution that they do not wish to enter for perhaps symbolic, cultural or emotional reasons. Civil partnerships might also provide a valuable choice for women who have had negative past experiences of marriage, including abusive relationships. If we want to be an inclusive and forward-looking country that upholds people’s rights, it is right that we ensure that those who wish to formalise or celebrate a relationship are able to do so in a manner that fits with their outlook and values. The extension of civil partnerships allows us to stand in solidarity with others across the world who cannot marry.

In international terms, the bill allows us to follow in the footsteps of nations including New Zealand, South Africa and the Netherlands. Pauline McNeill’s comments about the popularity of new choices in other countries were striking. She gave the example of France where, for every five marriages, there are now four pactes civil de solidarités. I like the title in French, as well as in English.

Although a civil partnership might not be recognised in other countries that do not have that legal option, the bill allows us to continue to help to pave the way towards a more progressive future in which there are greater opportunities for all and a legal system that recognises the evolving needs and preferences of our citizens. The level of public support for civil partnerships for opposite-sex couples is 65 per cent, with only 7 per cent opposing them. With the public being so strongly on the side of the bill, it is time to push forward with it.

There are issues that still need to be addressed. The bill does not address the legal chasm between those who enter into a formally recognised marriage or civil partnership and those who choose to cohabit. As has been mentioned before, cohabitees have weaker and less-certain rights than people in civil partnerships or marriages have—a difference that is particularly gendered and particularly experienced by women. As the long-term trend toward cohabitation and diversifying family types continues, the bill must not be seen as signifying the end of the road in Scotland for creating legal equality in all types of relationships. There is unfinished business and more work to be done, so the Scottish Law Commission’s review of the law on cohabitation is, therefore, both welcome and needed.

As Alexander Stewart said, the bill delivers choice, fairness and equality. It is a bill that we should pass—not because we have to, but because it is the right thing to do.

As others have said, the Covid-19 pandemic has truly made us think. It has given prominence to our homes, to how we live and to the importance and quality of our relationships. It has also underscored many equalities issues in our homes—not only in Scotland, but across the world.

Although the bill tackles only a small legal and technical aspect of home life, I hope that it results in a wider discussion of where we will go next. The bill falls into the wider narrative of the changing Scotland in which we live. It is updating the law to recognise the evolution of households and families everywhere, and to provide protection to those who choose paths other than marriage, so it is important.

Scottish Labour supports the bill, and the work that has started on the review of the law of cohabitation. I, too, thank the committee, clerks and witnesses for their contributions thus far. Some changes need to be made to the detail of the bill, but clearly there is support for its principles right across the chamber—which we cannot say about every bill. From listening to the tone and content of speeches today, I believe that all the issues that people have mentioned can be addressed at stage 2, where they need to be addressed.

I support the bill at stage 1, and hope that it passes with unanimous support today.