Committee
Equalities and Human Rights Committee 11 June 2020
11 Jun 2020 · S5 · Equalities and Human Rights Committee
Item of business
Civil Partnership (Scotland) Bill: Stage 2
I am pleased to support Alex Cole-Hamilton’s amendments 1 and 2. They are quite simple, but, as the committee is well aware, they address a very serious point. As Alex Cole-Hamilton said, Martin Loat from Equal Civil Partnerships gave evidence to the committee on the bill and expressed serious concerns about recognition of mixed-sex civil partnerships as marriage. In its stage 1 report, the committee concluded that “there is no immediate alternative to the current approach.” However, you encouraged me and the Government to work with members to explore whether the language could be changed. As the committee may be aware, the demands of Covid-19 work ultimately prevented me from meeting Alex Cole-Hamilton to discuss the issue, but it certainly has not stopped the work that we have been taking forward. I welcome the amendments from him and I am pleased to support them. In line with the conclusions in the stage 1 report, the amendments strike the right balance between addressing the concerns that have been raised and leaving the substance of the interim scheme of recognition intact. As the committee knows, recognition of marriage is about access to the full body of law that establishes rights, responsibilities and benefits for marriage. There is no equivalent body of law in place yet for mixed-sex civil partnership, so there would be a risk of loss or disadvantage if couples were to be recognised as having a civil partnership before everything that is needed is in place. However, I absolutely recognise that couples will want to call themselves civil partners in day-to-day conversation, and the amendments reflect that. I absolutely recognise that Alex Cole-Hamilton and other committee members have said that we need to implement the bill as quickly as possible. Of course, we still need to do a lot of work to do that, and that will be impacted by the work that we need to do to tackle Covid-19. I assure the committee that it remains the Scottish Government’s priority to move these issues forward and ensure that the interim period is as short as possible. I take this opportunity to reiterate my commitment to introducing the necessary secondary legislation as soon as possible. I will work closely with the United Kingdom Government on an order under section 104 of the Scotland Act 1998 on changes to reserved and UK legislation, and with National Records of Scotland on changes to information technology, public-facing guidance and training for registrars. I support amendments 1 and 2. Amendment 1 agreed to. Amendment 2 moved—Alex Cole-Hamilton—and agreed to. Section 3, as amended, agreed to. After section 3
In the same item of business
The Convener (Ruth Maguire)
SNP
Good morning, and welcome to the 10th meeting in 2020 of the Equalities and Human Rights Committee. The only item on our agenda is stage 2 consideration of t...
The Convener
SNP
Amendment 1, in the name of Alex Cole-Hamilton, is grouped with amendment 2.
Alex Cole-Hamilton (Edinburgh Western) (LD)
LD
Amendment 1 deals with an issue that was raised at stage 1. Section 3 provides that, for an interim period, mixed-sex civil partnerships registered outwith S...
The Cabinet Secretary for Social Security and Older People (Shirley-Anne Somerville)
SNP
I am pleased to support Alex Cole-Hamilton’s amendments 1 and 2. They are quite simple, but, as the committee is well aware, they address a very serious poin...
The Convener
SNP
Amendment 10, in the name of the cabinet secretary, is grouped with amendment 11.
Shirley-Anne Somerville
SNP
Amendment 10 responds to the committee’s statement of support, in its stage 1 report, for the principle of married couples being able to change their relatio...
Alex Cole-Hamilton
LD
I thank the cabinet secretary for lodging amendments 10 and 11, which have a similar effect to amendments that I had offered instructions to the clerks to dr...
Shirley-Anne Somerville
SNP
I do not have much to say in winding up. We are not seeking to impose a time limit on the conversion, meaning that it would have to happen within, for exampl...
The Convener
SNP
We resume consideration of the bill. Sections 4 to 12 agreed to. Schedule 2—Consequential modifications
The Convener
SNP
Amendment 3, in the name of the cabinet secretary, is grouped with amendments 7 to 9.
Shirley-Anne Somerville
SNP
There are a number of technical amendments in the group. I hope that the committee will bear with me as I go through them. Amendment 3 addresses a point tha...
The Convener
SNP
Amendment 4, in the name of the cabinet secretary, is grouped with amendments 5 and 6.
Shirley-Anne Somerville
SNP
Amendments 4 to 6 seek to replicate for the law of Scotland what was put in place for England and Wales at the end of last year and for Northern Ireland at t...
The Convener
SNP
That ends stage 2 consideration of the Civil Partnership (Scotland) Bill. I thank the cabinet secretary and her officials, and I remind members that stage 3 ...