This item was published during the term of a previous administration that ended in April 2007
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Next steps on civil partnerships
10/09/2003
Following Cabinet discussions earlier today,
Justice Minister Cathy Jamieson has outlined the
Executive's proposed approach to handling the UK
Government's consultation paper on a civil partnership
scheme for same-sex couples.
The full text of the Minister's statement is
below.
Ms Jamieson said:
"Today in Cabinet we have been discussing the options
available to us as a devolved administration in tackling
some of the inequities in our current system of family law,
and how this relates to the emerging policy landscape in
theUKandEurope.
"I want to take this early opportunity to talk you
through how the Scottish Executive plans to tackle the
challenges ahead of us in family law. Challenges that will
attract great debate and controversy because they touch on
how people live their lives. Challenges that as politicians
we must accept if we are to genuinely deliver a fairer,
strongerScotland.
"First, however, I want to set out very clearly
the values that lie at the heart of our
approach.
"As an Executive, we want to provide children and
young people with the best possible start in life so
they can take advantage of the increasing opportunities
available to them. Central to that is a belief in
strong and stable families. And the pillar around which
such families are built is marriage.
"As an Executive we are committed to supporting and
helping parents develop their children's lives for the
better - with new measures and extra investment in
childcare, in education, in housing, in health. We
will do all we can to keep families together. Where
families are strong and working, the law should play little
or no part in their lives.
"Where the law must be clearer and better is, sadly,
when families and relationships fail or one party dies or
is seriously injured. In today's
Scotland, one in 10 children live in a cohabiting couple
family rather than in a married couple family - twice the
number of 10 years ago. One in four live in a lone parent
family. These families don't have the full
protection of the law which can leave people vulnerable at
points of crisis in their lives, particularly children.
"That is why we consider that gaps in family law
exist and must be addressed in the lifetime of this
Scottish Parliament.
"Recent social attitude research shows that over
half the country believes that common law marriage
exists - that a cohabiting couple has the same legal
rights as marriage. Not so. Nearly half of us think
that a father living as part of a cohabiting couple for
10 years has the same right as a married father. Wrong
again.
"So we need clear and supportive modern family law
that much better reflects modern life and which is
understood by all ofScotland's people.
"A lot of work has been done already on reviewing
family law over the last decade. I accept that whatScotland'sfamilies want to see now is a clear direction from
the Executive on how and when we will legislate on this
matter. We will legislate and I want to start that process
before the end of this calendar year. I want to refresh our
thinking with a short, sharp consultation this winter to
trigger a legislative timetable that will bring long-needed
support to many ordinary families who may not know just how
vulnerable they might be.
"Reforming family law inScotlandis a priority for the Executive and a central plank
of delivering a justice system that is designed around the
needs of the many.
"However, we do not exist in a vacuum. Alongside the
policy initiatives we will drive from the Executive on
behalf ofScotland's communities, we also have a responsibility to
ensure that the law inScotlandreflects developments in the rest of theUK, and inEurope.
"For example, the issue of how same-sex couples
are treated in accessing the various rights and
benefits of employment - like access to pension
benefits when one half of a couple dies.
"As a result the UK Government through the
Department for Trade and Industry published a
consultation document on a 'civil partnership' scheme
in June to give same-sex couples a new and enhanced
legal status. That consultation is ongoing.
"Much of the scheme deals with reserved issues
like pensions, benefits, and taxation. But there are
also related devolved issues that impact on us - the
relation to family law, the registration arrangements,
prison visiting, medical treatment for example.
"Over recent weeks we have been considering how
best to handle the implications of the UK Government's
proposals should they decide to proceed with
legislation.
"First, we have looked at whether we should legislate
at all inScotland. There are other more pressing concerns on the
Executive's agenda like anti-social behaviour, on reforming
our courts, on protecting vulnerable witnesses, and
modernising family law for all ofScotland's people. So what would happen if we didn't
reflectUKlegislation here?
"If the UK Government proposals become law, there
would be nothing to stop a same-sex couple living inGlasgowtravelling to theLake Districtfor three weeks and returning home as a legal civil
partnership with some of the rights of such couples living
inEnglandandWales. Not so easy however, if you are a same-sex couple
living in Wick or on income support or where one or both
party has a disability or a serious medical
condition.
"So the issue we have looked at is less about whether
such a scheme is likely to be available to same-sex couples
inScotland- some of it will be ifWestminsterpasses its own legislation. It is more about how we
provide sensible, pragmaticUKconsistency in the law that avoids a 'postcode
lottery' of rights developing.
"There are a number of legislative routes we have
considered. First, to bring forward separate Scottish
legislation on the devolved elements of the scheme to
support and complement any UK Government Bill. But this
would likely involve dropping or delaying something from
the existing Justice legislative programme - like
protection for vulnerable witnesses, or much-needed High
Court reforms. While I accept that for same-sex couples
this is a very important issue - it is not an immediate
priority for the overwhelming majority ofScotland's people. Taking action to combat crime and
anti-social behaviour is. So we do not believe separate
Scottish legislation is the right way forward.
"Second, we have considered whether there is
merit in supporting Patrick Harvie's proposed Civil
Registration of Partnerships Bill or a variation on it.
But again this would be competing with other vital
Executive Bills and would be a drain on Committee time
at an important point in the Parliamentary cycle when
Committee scrutiny is so important to the delivery of
good and sustainable legislation. We do not propose to
give it Executive support at a time when we will be
putting extremely important legislation into the
Committee process.
"Finally, we have looked at the window of
opportunity offered by any future UK DTI Civil
Partnerships Bill and the possibility of using a Sewel
motion. I stress that the UK Government has not yet
committed to such legislation and we must await the
Queen's Speech to see whether any Bill is
forthcoming.
"However, when and if such legislation in the UK
Parliament comes forward, we believe that on balance this
offers the shortest, sharpest, fairest method of
achievingUKconsistency without impacting adversely on the
Executive and the people ofScotland's priorities of crime, anti-social behaviour, the
economy, education and health. The policy areas
affected by civil partnerships are a complex web of
devolved and reserved matters. Separate legislation north
and south of the border could lead to a 'postcode' lottery
of rights north and south of the border.
"The DTI is already consulting with Scottish
interests on the reserved elements of their civil
partnership scheme. It is our intention to consult on
the devolved elements and to publish a short paper by
the end of this month. In that way, we will be in a
position to respond appropriately to the UK Government
if it comes forward with a Bill.
"Let me be clear, a Sewel approach neither denies
debate inScotlandnor does it stop the Scottish Parliament having
further opportunities to debate the matter if this is
necessary.
"Our approach on civil partnerships carries the
unanimous support of the Scottish Cabinet. We will be
working hard to inform Parliamentary colleagues of all
political persuasions of the merits of this approach
and the groups and individuals directly affected by
civil partnerships.
"These are sensitive issues that we will handle in as
transparent a way as possible - up front and under the full
scrutiny of both Parliament and the public. We are aware of
the range of polarised views that these issues will
draw. We have thought long and hard about the right
way forward and the benefits offered by consistency in
approach with the UK Government.
We have made our decision in the light of
what we collectively believe is in the best interests of
all the people of
Scotlandand to protect the priorities voted for by the
Scottish electorate."