Hansard

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 draft in my name. I am very happy to support them. At stage 1, several witnesses expressed concern that the bill lacks a provision that would enable couples who are married to change their marriage to a civil partnership. Provision for change the other way already exists in the Marriage and Civil Partnership (Scotland) Act 2014. It is clear that there are some mixed-sex couples who have married but who would have preferred a civil partnership had it been available to them at the time. Similarly, there may be mixed-sex couples who have become estranged from the faith under which they were originally married and who wish to distance themselves from that institution. Same-sex couples who registered a civil partnership before marriage was available to them can change their civil partnership to a marriage without losing the continuity of the relationship and the legal protections. It is only right that mixed-sex couples who married before civil partnership became available to them should also be able to change the relationship. Given that a couple’s preference for marriage or civil partnership is an intensely personal one, and given that preferences differ, it would be discriminatory to allow change in one direction but not the other. Amendment 10 is therefore very welcome. It enables the Government, by regulations, to provide for marriages to become civil partnerships. It is also welcome that the amendment allows that to be done in two ways, just as with changes in the other direction: by the couple registering a civil partnership in the usual way or by an administrative process, which I presume will be available only to those whose marriage is registered in Scotland. People’s needs can change. For example, a couple in a mixed-sex civil partnership may join a religion that does not recognise civil partnership and so wish to change their civil partnership to a marriage. Equally, a couple in a same-sex marriage who join a religion that does not recognise same-sex marriage but that recognises same-sex civil partnership may wish to change their marriage to a civil partnership. That could happen at any time in the future. It is therefore crucial that change in either direction—marriage to civil partnership or civil partnership to marriage—is available to both mixed-sex and same-sex couples, and without time limit. It would be helpful if the cabinet secretary could confirm that that is the intention of the Government in relation to time limits. The issue has been raised of whether there should be a limit on the number of changes that can be made to one relationship. The Equality Network has argued that, if a limit is applied, it should at least allow a couple to make two changes. For example, a mixed-sex couple may change their marriage to a civil partnership after the bill comes into effect because that is what they have always wanted. Years later, they may move to a country that does not recognise civil partnership and find that they need to change it back to a marriage so that their family relationships are recognised in that country. It would be good to hear from the cabinet secretary what the expected timetable is for the making of regulations under amendment 10. Amendment 11 deals with civil partnerships that have been created by conversion from marriage in other parts of the UK. It is therefore welcome. I do not have any more to add, except to thank the cabinet secretary for lodging amendments 10 and 11, which I support.