This item was published during the term of a previous administration that ended in April 2007
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Civil partnerships consultation
30/09/2003
The Executive today published a
consultation paper on the devolved aspects of a civil
partnership registration scheme for same-sex couples.
The paper complements the UK
Government's consultation paper on civil partnership
registration for same sex couples in England and Wales
published in June.
Announcing the consultation, Justice
Minister Cathy Jamieson said:
"Earlier this month I announced the
Executive's intention to ensure that any civil partnership
registration scheme agreed for England and Wales should
also be available for same sex couples in Scotland.
"We were keen to avoid a situation
where same sex couples in Scotland would be forced to cross
the border to register a partnership, and in order to
acquire some of the benefits such a registration would
bring.
A 'postcode lottery' of rights across the UK
would result, which would be in no-one's interest.
"While the most significant
considerations in developing a rights package - pensions,
benefit and taxation - are issues reserved to Westmister,
there are a number of issues relating to, for example,
family law as well as consequences for other aspects of
Scots law, where responsibility is devolved.
These are detailed issues and rightly we
want to ensure that there is appropriate consultation in
Scotland to inform our plans.
"As an Executive our legislative focus
should be the priorities as clearly set out in a
Partnership for a Better Scotland.
Our commitment to equality and promoting
equal opportunities runs throughout these priorities.
Our job is also to find the best way to
legislate, and in the case of civil partnerships, this can
be best done through the Westminster route.
"But let me make clear that if the
legislation changes significantly as it passes through the
Commons and the Lords, then we would of course refer back
to the Scottish Parliament to seek their continued
agreement to the legislative route.
"Scottish interests have already been
responding to the UK Government's consultation paper,
commenting - quite correctly - on the reserved issues.
Today's paper gives individuals and
organisations the opportunity to comment on the devolved
issues.
I would urge everyone with an interest to
respond."
The consultation paper is being
distributed to a wide range of interests including lesbian
and gay groups, faith groups, local authorities, and NHS
Trusts.
Comments are invited by 5 December 2003.
The consultation paper provides fuller
details and background to civil partnership registration
and the reasoning underpinning our preference for a UK
legislative approach. The paper sets out the substantive
policy issues associated with civil partnership
registration and where these are devolved and indicates how
these will apply to registered partners. This covers the
formal requirements, registration and dissolution, the
family law consequentials and other Scots law
consequentials.
This consultation paper follows a
paper by the UK government, published on June 30, on their
proposals for a civil partnership registration scheme in
England and Wales.
Our proposals are similar to those expressed
by the UK Government but reflect the detailed differences
in Scots law and devolved policy.
Our intention is to use any Westminster
Civil Partnership Registration Bill to legislate for
Scotland.
We must therefore be prepared should a UK
Bill be announced. This consultation is part of that
preparation.