Chamber
Plenary, 14 Sep 2000
14 Sep 2000 · S1 · Plenary
Item of business
Family Law
I welcome Mr Gallie's general welcome for the proposals. He raised the question of marriage, and I can confirm what I indicated on the subject in my statement. Marriage is still accorded a focal point in our family law, and I do not believe that our proposals undermine that in any way. For example, the law sets out formalities on who can marry. Marriage is still important with regard to the obligation of aliment between a husband and wife, an obligation which does not exist between cohabitants. When marriage comes to an end, the law sets out how matrimonial property is divided upon divorce, and provides certain rights for the survivor upon death of one spouse.
Important provisions are also included for cohabitants. It may well be that a cohabitant has contributed a lot to an arrangement financially, or perhaps did not go to work in order to look after children. I am sure that Mr Gallie would agree that they should not be left with no remedy at all, or without any claim, should a relationship break up. We are trying to recognise the realities of many family units in Scotland. However, marriage still has a status in our family law, which will not be undermined by these proposals.
On the subject of grandparents, I have nothing much to add to what I said to Roseanna Cunningham. Mr Gallie is a member of the Justice and Home Affairs Committee, and if proposals on the role of grandparents are included in a draft bill, we will be obliged to consider them. A much more complex set of interrelationships would be involved, though, and not one that lends itself to a ready remedy if there is an avenue that can be followed.
Mr Gallie says that the passage of time is a great healer, and that we might tip some couples towards divorce if the period of separation is reduced to one year with consent. My experience—admittedly it is some 20 years since I was in legal practice—is that by the time couples come to the decision to divorce, the marriage has reached that stage. Although I said in my statement that a year's separation may give an opportunity for reconciliation, rather than time being a great healer one usually finds that the longer a couple have been apart, the more likely they are to stay apart.
With regard to the question of resources, if there is an increase in the number of divorces, I said in my statement that further increases in funding are planned for the mediation services. It is worth naming the organisations that provide those services, as they play an important role: Family Mediation Scotland, Scottish Marriage Care, Couple Counselling Scotland and Stepfamily Scotland, the last of which has an important role to play in supporting children in stepfamily relationships.
However, it would be unfortunate if the Executive gave more money only for funding from other sources to be removed. I hope that longer-term planning in local authorities—if they are able to move to three-year budgets—might help to ensure a continuity of funding for the voluntary sector, and especially for the organisations that I have mentioned, allowing them to plan ahead on a more stable basis.
Important provisions are also included for cohabitants. It may well be that a cohabitant has contributed a lot to an arrangement financially, or perhaps did not go to work in order to look after children. I am sure that Mr Gallie would agree that they should not be left with no remedy at all, or without any claim, should a relationship break up. We are trying to recognise the realities of many family units in Scotland. However, marriage still has a status in our family law, which will not be undermined by these proposals.
On the subject of grandparents, I have nothing much to add to what I said to Roseanna Cunningham. Mr Gallie is a member of the Justice and Home Affairs Committee, and if proposals on the role of grandparents are included in a draft bill, we will be obliged to consider them. A much more complex set of interrelationships would be involved, though, and not one that lends itself to a ready remedy if there is an avenue that can be followed.
Mr Gallie says that the passage of time is a great healer, and that we might tip some couples towards divorce if the period of separation is reduced to one year with consent. My experience—admittedly it is some 20 years since I was in legal practice—is that by the time couples come to the decision to divorce, the marriage has reached that stage. Although I said in my statement that a year's separation may give an opportunity for reconciliation, rather than time being a great healer one usually finds that the longer a couple have been apart, the more likely they are to stay apart.
With regard to the question of resources, if there is an increase in the number of divorces, I said in my statement that further increases in funding are planned for the mediation services. It is worth naming the organisations that provide those services, as they play an important role: Family Mediation Scotland, Scottish Marriage Care, Couple Counselling Scotland and Stepfamily Scotland, the last of which has an important role to play in supporting children in stepfamily relationships.
However, it would be unfortunate if the Executive gave more money only for funding from other sources to be removed. I hope that longer-term planning in local authorities—if they are able to move to three-year budgets—might help to ensure a continuity of funding for the voluntary sector, and especially for the organisations that I have mentioned, allowing them to plan ahead on a more stable basis.
In the same item of business
The Presiding Officer (Sir David Steel):
NPA
Good morning. Our first item of business this morning is a statement by Mr Jim Wallace on family law.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
There can be few subjects as important for our Parliament to deal with as family law. The family is all-important to the welfare of society and, especially, ...
The Presiding Officer:
NPA
Although the statement is important, I appeal for short exchanges, as we are under heavy pressure from members who want to speak in the debate on transport.
Roseanna Cunningham (Perth) (SNP):
SNP
I broadly welcome today's white paper and the Minister for Justice's announcements. The white paper's proposals are particularly welcome in several areas; fo...
Mr Wallace:
LD
I thank Roseanna Cunningham for her general welcome for the proposals and I look forward to working with her and the Justice and Home Affairs Committee in th...
Phil Gallie (South of Scotland) (Con):
Con
I thank the minister for the copy of his statement, and I generally welcome its contents. I particularly welcome his support for marriage, and his words that...
Mr Wallace:
LD
I welcome Mr Gallie's general welcome for the proposals. He raised the question of marriage, and I can confirm what I indicated on the subject in my statemen...
The Presiding Officer:
NPA
Now that the Opposition parties have had their say, I appeal for short questions and answers, as many members want to speak.
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I welcome the Deputy First Minister's statement and echo what Roseanna Cunningham said about the Justice and Home Affairs Committee's proposed bill on domest...
Mr Wallace:
LD
I shall deal with that last point first. In talking about joint registration, we mean joint registration with the consent of both parties. I hope that that a...
Euan Robson (Roxburgh and Berwickshire) (LD):
LD
I thank the minister for his statement and the white paper. I welcome the increase in funding for mediation services. Will the minister consider extending fu...
Mr Wallace:
LD
I thank Euan Robson for his welcome for the proposals. My colleague Jackie Baillie announced in March this year that we had approved 48 projects to assist vi...
Christine Grahame (South of Scotland) (SNP):
SNP
I was a practising family lawyer until I was elected to the Parliament and in that time I am afraid I dealt with only one reconciliation.I have three small p...
The Presiding Officer:
NPA
Short questions.
Christine Grahame:
SNP
They are very short questions. Would Mr Wallace reconsider the position on grandparents, who will not have recourse to mediation services at the moment? I we...
Mr Wallace:
LD
I do not think that there is much to add on grandparents, except that Christine Grahame is making a slightly different point about access to mediation servic...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I particularly welcome the theme of the statement, that the welfare of children is the ultimate objective. My question on the new provision of one-year divor...
Mr Wallace:
LD
I am certainly prepared to try to get further information on the length of time that things take, but Pauline McNeill and the Parliament will appreciate that...
Robert Brown (Glasgow) (LD):
LD
In relation to the Matrimonial Homes (Family Protection) (Scotland) Act 1981, is there any intention to widen the grounds of application, in terms of occupan...
Mr Wallace:
LD
I cannot give an immediate or definite answer to Robert Brown. I understand his point. There are some proposals to amend the law in terms of occupancy. I wil...
Malcolm Chisholm (Edinburgh North and Leith) (Lab):
Lab
I welcome the power of arrest that is to be attached to a greater number of interdicts. I also welcome the fact that the changes to parental rights are not t...
Mr Wallace:
LD
As I said in my statement, we hope to put the funding arrangements on a better statutory footing. I am sure that One Parent Families Scotland will be able to...
Mr Gil Paterson (Central Scotland) (SNP):
SNP
I add my voice to the congratulations to the minister on his statement. Does the Executive consider that further protection is needed for children, especiall...
Mr Wallace:
LD
Issues of contact are determined by the courts on the important ground of the best interests of the child. I am aware, and I am sure that Gil Paterson is awa...
Dr Richard Simpson (Ochil) (Lab):
Lab
I welcome the minister's statement. Will the minister give considerations to the rights of the child in respect of access to medical information where the ch...
Mr Wallace:
LD
I can tell that the issue of access by grandparents to children will be raised in response to the consultation. As I suggested earlier, if members have propo...
Mrs Lyndsay McIntosh (Central Scotland) (Con):
Con
Is the minister aware of the comments of Lady Justice Butler-Sloss, the president of the family division of the High Court, who has spoken out against parent...
Mr Wallace:
LD
It is perhaps more important that those views are considered by the courts when they come to determine individual cases. It is important that every case is c...
Nora Radcliffe (Gordon) (LD):
LD
The discrimination legislation means that it is illegal to discriminate on the ground of sexual orientation and, therefore, it is implicit that the term co-h...
Mr Wallace:
LD
I remind Nora Radcliffe of my comments on 20 January, when I said that there are no plans to make changes to the law in relation to same-sex couples. The pro...