< Previous | Contents | Next >

Civil Partnership Registration: A legal status for committed same-sex couples in Scotland

1 introduction

1.1 On 30 June the UK Government published their consultation paper on civil partnership registration for same sex couples in England and Wales. On 10 September, having considered the impact of these proposals in Scotland, Scottish Ministers announced that, in the event that the UK Parliament comes forward with legislation, they would seek the agreement of the Scottish Parliament to include Scottish provisions in a UK Civil Partnership Registration Bill.

1.2 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 task is also to find the best way to legislate, and in the case of civil partnerships, this can best be done through the Westminster route since this will achieve the benefits of UK consistency.

1.3 This paper forms part of the Scottish Executive's consultation on this issue. It provides fuller details of the background to civil partnership registration and the reasoning underpinning the preference for a UK legislative approach. It also highlights the devolved elements of a scheme and how we propose that they be handled.

Timing

1.4 This consultation paper follows a paper by the UK Government, published on 30 June, 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 an UK Bill be announced.

1.5 We therefore invite comments on this consultation paper by 5 December 2003. A proforma for responses is attached and is available on-line.

1.6 Our consultation will not be confined to this paper. We will also be meeting with key stakeholders to discuss the proposals and will engage fully with the Scottish Parliament.

Structure of the paper

1.7 The paper has been divided into manageable sections as detailed below:

• Section 1 "Introduction" introduces the conclusion reached by Scottish Ministers, the purpose of this paper and sets out the structure of the paper.
• Section 2 "Background and Context" provides background on civil partnership registration and places it in the wider context of UK and European reform.
• Section 3 "The Way Ahead" explains within the Scottish context, why Scottish Ministers reached a decision to introduce civil partnership registration for same-sex couples in Scotland in the event that the UK Government legislates for this.
• Section 4 "Getting There" discusses the decision to use Westminster legislation to legislate for civil partnership registration in Scotland.
• Section 5 "Principles" discusses the underlying principles in which a Scottish civil partnership registration scheme would be situated.
• Section 6 "Devolved issues and treatment" looks at the devolved issues attached to a civil partnership registration scheme and highlights our proposals for these areas.
• Section 7 "How to make a response to this paper" provides a summary of the areas in which views would be welcome, as well as providing information about how a response can be made. A proforma is provided in this Section and it would be helpful if it could be used when responding.

< Previous | Contents | Next >