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

SUMMARY OF CONSULTATION POINTS

The consultation points made in this paper are summarised below. These have been cross referenced back to the paragraph(s) in the text where the point has been discussed. It would be most helpful if you could complete the proforma attached when responding to this paper.

1. We propose that Scottish same-sex couples should be able to register their partnership in order to trigger access to a comprehensive package of rights and responsibilities in both reserved and devolved areas. (paragraphs 3.1 to 3.11)

2. If we are to introduce for civil partnership registration for same-sex couples, we propose asking the Scottish Parliament to agree to a Sewel motion so that Scottish provisions can be included in any Westminster Bill. (paragraphs 4.1 to 4.7)

Principles

We propose seven underlying principles through which a civil partnership registration scheme can be understood. Each of these is described below:

3. We believe that Scottish same-sex couples should be able to register their partnership in Scotland rather than having to travel to England or Wales. (paragraph 5.2)

4. We believe that the UK Government should recognise partnerships registered by same-sex couples in Scotland for reserved purposes. (paragraph 5.3)

5. We believe that partnerships registered by same-sex couples in Scotland should trigger access to a comprehensive package of rights and responsibilities in devolved areas that largely mirrors those available to civil registered partners in England and Wales. (paragraph 5.4)

6. We believe that devolved aspects of civil partnership registration should be based on Scots law. (paragraph 5.5)

7. We believe that in order to achieve a comprehensive package of rights and responsibilities in reserved and devolved areas, and to avoid difficult cross border issues, that Westminster is best placed to legislate for civil partnership registration in Scotland through a UK Civil Partnership Registration Bill. (paragraph 5.6)

8. We recognise the role that marriage has in Scottish society and do not seek to undermine marriage by extending civil partnership registration to cohabiting couples. (paragraph 5.7)

9. We do not seek to open up marriage to same-sex couples. Instead we are creating a new legal status of civil registered partner for same-sex couples. (paragraph 5.8)

Registering a Partnership

10. We propose that there are set formal requirements to be met by those wishing to register a partnership. These are explained in paragraphs 6.6 to 6.10.

11. We propose that there be set processes for the registration and dissolution of a civil partnership. These are explained in paragraphs 6.11 to 6.35.

Policy Consequences of registering a partnership

12. We propose that civil registered partners are recognised in Scots family law. This covers parental responsibility, children (residence and contact on dissolution), aliment, property division of dissolution, intestacy, inheritance and damages. Our proposals are explained in paragraphs 6.36 to 6.42.

13. We propose that civil registered partners are recognised consequentially in other aspects of Scots Law. This includes council tax, local government elections, hospital visiting and medical treatment, prison visiting, survivor pensions and injury benefits from public service pension schemes, fatal accident inquiries, burial, post mortems and organ retention. Our proposals are explained in paragraphs 6.43
to 6.53.

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