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This item was published during the term of a previous administration that ended in April 2007

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Responses to civil partnerships

05/02/2004

The Executive today published an analysis of the responses to its consultation on the devolved aspects of a UK civil partnership registration scheme for same-sex couples.

The consultation complemented the wider UK Government's consultation paper on civil partnership registration for same sex couples in England and Wales published in June last year.

Welcoming publication of the analysis by The Robert Gordon University, Justice Minister Cathy Jamieson said:

"Last September 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.

"While the main considerations in developing an appropriate package of rights and responsibilities are reserved to Westminster - such as pensions, benefit and taxation - there are a number of issues where responsibility is devolved, for example, family law and other consequences for Scots law.

"The analysis of responses published today shows that 86 per cent of all respondents agreed in principle with the proposed introduction of civil partnerships. There was also a high level of support (74 per cent) for our proposal to allow Westminster to take the legislative lead.

"We will now carefully consider the detail of this analysis and respond to the points that it raises, before the introduction of a UK Civil Partnerships Bill.

"As we indicated last year, will therefore seek the Scottish Parliament's agreement to including Scottish provisions in a UK Civil Partnerships Bill when one is brought forward."

The consultation paper was distributed to a wide range of interests including lesbian and gay groups, faith groups, local authorities, and NHS Trusts from 30 September 2003 and comments were invited by 5 December 2003.

The consultation paper provided fuller details and background to civil partnership registration and the reasoning underpinning our preference for a UK legislative approach. The paper set 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 covered the formal requirements, registration and dissolution, the family law consequentials and other Scots law consequentials.

This consultation paper followed a paper by the UK Government, published on 30 June 2003, 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 the UK Government's Civil Partnership Registration Bill to legislate for Scotland.

Page updated: Saturday, July 17, 2004