Committee
Delegated Powers and Law Reform Committee 28 January 2014
28 Jan 2014 · S4 · Delegated Powers and Law Reform Committee
Item of business
Marriage and Civil Partnership (Scotland) Bill: After Stage 2
Under agenda item 5 we will consider the delegated powers provisions in the bill after stage 2. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and they will have seen the briefing paper. Stage 3 consideration of the bill is due to take place on Tuesday 4 February. The deadline for lodging amendments is 4.30 on 29 January, which is this Wednesday. The committee may therefore wish to agree its conclusions today. Paragraph 6 of schedule 2 to the bill inserts new section 5D into the Gender Recognition Act 2004, which I will hereafter refer to as the 2004 act. Section 5D confers power on the Scottish ministers to introduce a more streamlined process for civil partners to change their civil partnership to a marriage and obtain the full gender recognition certificate. In its stage 1 report, the committee recommended that provision should be made in the bill but, if that was not possible, that orders made under that power should be laid in draft before the Parliament for consultation and then be subject to affirmative procedure. 10:45 Amendments that were made at stage 2 provide for consultation on a draft order, but do not require the order to be laid before the Parliament at that stage. It is then subject to the affirmative procedure. That falls short of the committee’s recommendation and would not require the Government to have regard to or respond to any responses to the consultation before commencing the affirmative procedure. Similar issues arise in relation to a new power inserted by paragraph 11C of schedule 2, which inserts new section 3C(5)(b)(ii) into the 2004 act. The power allows the Scottish ministers to prescribe which treatments for gender dysphoria would qualify certain transgender persons to obtain a change of gender recognition certificate. Again, the exercise of that power involves consultation on a draft order before the affirmative procedure, but does not engage the Parliament at that stage or require the Government to have regard to the consultation responses. The committee may consider that placing those additional requirements on the face of the bill would be beneficial, as it would give the Parliament the opportunity to scrutinise the Government’s proposals and influence the draft affirmative order that is subsequently laid before the Parliament. Do members have any comments?
In the same item of business
The Convener
SNP
Under agenda item 5 we will consider the delegated powers provisions in the bill after stage 2. Members will have noted that the Scottish Government has pro...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
The committee has previously made observations on the process to be adopted for such proposals. I understand that the Government has not made any comment on ...
Margaret McCulloch (Central Scotland) (Lab)
Lab
Where exactly are we? I have lost which page of the submission I should be looking at.
The Convener
SNP
We are being asked to respond to paragraphs 55 and 77 of paper DPLR/S4/14/4/3(P).
John Scott (Ayr) (Con)
Con
I support Stewart Stevenson. We have taken a view on the matter before and we should invite the Government at the very least to justify its position on not a...
Margaret McCulloch
Lab
As convener of the Equal Opportunities Committee, I should make it clear that we took evidence from the Cabinet Secretary for Health and Wellbeing on the pro...
Stewart Stevenson
SNP
Just to be clear, my substantial concern is simply that the Government has not provided a response to underpin how it proposes to proceed. The Government has...
The Convener
SNP
Given members’ different views, I want the committee’s view on how to proceed.
Richard Baker (North East Scotland) (Lab)
Lab
Stewart Stevenson has brought us to a good conclusion on the matter. It is perfectly right that, as a committee, we pursued the issues of how the regulation ...
The Convener
SNP
In that case, we either need to produce a wee report or I need to write a letter.
Richard Baker
Lab
Yes.
The Convener
SNP
We will follow the appropriate process and ask the Government why it has drawn the conclusion that it has, rather than merely note what it has left in the bi...
The Convener
SNP
It is recommended that the committee be content with all the other provisions in the bill—those that we have not just discussed—that were amended at stage 2 ...