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Eo/S2/03/5/A Equal Opportunities Committee EO/S2/03/5/A EQUAL OPPORTUNITIES COMMITTEE AGENDA 5th Meeting, 2003 (Session 2) Tuesday 28 October 2003 The Committee will meet at 10.00 am in Committee Room 1, Committee Chambers, George IV Bridge, Edinburgh. 1. Budget process 2004-05: The Committee will hear evidence from: Margaret Curran MSP, Minister for Communities. 2. Civil partnership registration: The Committee will hear evidence from: Panel 1 Tim Hopkins, Equality Network Ali Jarvis, Stonewall Scotland Hilary Campbell, Couple Counselling Scotland Panel 2 Sue Robertson, Lesbian Mothers Scotland Matthew Middler, LGBT Youth Scotland Maria Clark, Outright Scotland/Granite Sisters. 3. Civil partnership registration – witness expenses: The Committee will be invited to delegate to the Convener responsibility for considering claims for expenses under Rule 12.4.3. ****** The following papers are attached: Agenda Item 2 EO/S2/03/6/01 - SPICe briefing on civil partnership registration EO/S2/03/5/02 - Submission from the Equality Network EO/S2/03/5/03 - Submission from Stonewall Scotland EO/S2/03/5/04 - Submission from Couple Counselling Scotland EO/S2/03/5/05 - Submission from Lesbian Mothers Scotland EO/S2/03/5/06 - Submission from LGBT Youth Scotland EO/S2/03/5/07(P) - Private submission Agenda Item 3 EO/S2/03/5/08 - Clerk’s note on witness expenses Jim Johnston Clerk to the Committee Tel: 0131 348 5211 email: [email protected] Paper EO.S2.03.5.01 Equal Opportunities SPICe Committee 28 October 2003 briefing CIVIL PARTNERSHIP REGISTRATION 20 October 2003 NICKI GEORGHIOU 03/83 The UK government published a consultation paper on civil partnership registration for same-sex couples in June 2003. The consultation has now closed. The Scottish Executive published a consultation paper on 30 September on proposals for same-sex couples to register their partnership in Scotland and to include Scottish provisions in any UK bill via a Sewel motion. The closing date for responses is 5 December 2003. This paper has been prepared to inform Members of the background and key issues. SPICe Briefings are compiled for the benefit of the Members of the Parliament and their personal staff. Authors are available to discuss the contents of these papers with MSPs and their staff who should contact Nicki Georghiou on extension 85190 or email [email protected]. Members of the public or external organisations may comment on this briefing by emailing us at [email protected]. However, researchers are unable to enter into personal discussion in relation to SPICe Briefing Papers. Every effort is made to ensure that the information contained in SPICe briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes. www.scottish.parliament.uk 1 CONTENTS KEY POINTS OF THIS BRIEFING ..............................................................................................3 INTRODUCTION .........................................................................................................................4 BACKGROUND .................................................................................................................................. 4 WESTMINSTER CONSULTATION .............................................................................................5 SCOTLAND ....................................................................................................................................... 6 Income-related benefits and assessment of liability for child support......................................................6 SCOTTISH EXECUTIVE RESPONSE ..................................................................................................... 6 SCOTTISH EXECUTIVE CONSULTATION.................................................................................7 DEVOLVED ASPECTS......................................................................................................................... 8 IN FAVOUR OF CIVIL PARTNERSHIPS...................................................................................10 ARGUMENTS AGAINST CIVIL PARTNERSHIPS.....................................................................11 ATTITUDES TO DISCRIMINATION IN SCOTLAND .................................................................11 SOURCES .................................................................................................................................12 APPENDIX.................................................................................................................................15 RESERVED AND DEVOLVED ASPECTS OF CIVIL PARTNERSHIP REGISTRATION ..................................... 15 providing research and information services to the Scottish Parliament 2 KEY POINTS OF THIS BRIEFING • The UK government issued its consultation on Civil Partnership: A Framework for the Legal Recognition of Same-sex Couples for England and Wales in June 2003 (DTI 2003). The consultation closed on 30 September 2003. • The Scottish Executive issued its consultation on Civil Partnership Registration: A Legal Status for Committed Same-sex Couples in Scotland on 30 September 2003 (Scottish Executive 2003a). It proposes civil partnership registration for Scotland, and that there should be a Sewel motion if the UK government decides to introduce legislation. The consultation closes on 5 December 2003. • Patrick Harvie MSP lodged a proposal on 12 May 2003 for a civil partnership bill to allow civil partnership registration to both same-sex and mixed-sex couples in committed relationships, and to provide civil registered partners with legal protection, rights and responsibilities similar to those provided to married couples. • Many countries around the world have some form of partnership registration scheme, some of which are for same-sex couples only, while others include mixed-sex couples. • Declines in the number of marriages and increases in the numbers choosing cohabitation indicate that models of family life and relationships are changing. • Arguments in favour of partnership registration schemes for same-sex partners focus on same-sex couples being able to acquire rights and responsibilities afforded to married couples. • Arguments against partnership registration schemes for same-sex partners tend to focus on moral and religious arguments. • There are also arguments which suggest that partnership registration should be available to both same-sex and mixed-sex couples, and furthermore that all couples who cohabit and choose not to register their partnership should be afforded certain rights and responsibilities if their relationship breaks down. providing research and information services to the Scottish Parliament 3 INTRODUCTION This paper will outline current proposals on civil partnership registration for same-sex couples. The UK government issued a consultation in June 2003 (DTI 2003), on proposals for civil partnership registration schemes for same-sex couples, which would afford them rights and responsibilities currently afforded to married couples. In response, the Scottish Executive (2003a) issued a consultation in September 2003 on proposals for a Scottish civil partnership registration scheme and the use of a Sewel motion if the UK Government proceeds with a bill. BACKGROUND In a statement by the Justice Minister (Scottish Executive 2003b) on family law and civil partnerships, reference was made to the changes in families and relationships, for example that one in ten children live in a cohabiting couple family rather than in a married couple family, which is the twice the number of 10 years ago. Further reference was made to the gaps in family law, particularly in light of research which showed that over half of the UK population believes that common law marriage exists (Barlow et al. 2001). With declines in the number of marriages across the UK population (ONS 2003 and General Register Office for Scotland 2002), and an increase in cohabitation (House of Commons Library 2002) models of family life and relationships are changing. The Equality Network (which campaigns to remove the inequalities faced by lesbian, gay, bisexual and transgender people – LGBT), among others, has been campaigning for changes in the law on same-sex partnerships. The key issue is to extend the rights and responsibilities allowed for married couples to be extended to committed same-sex couples. The Equality Network indicates the areas where same-sex couples are discriminated against, which include: • No formal recognition of the relationship • No obligation to support one another financially • No ‘next of kin’ recognition • State benefits do not recognise same-sex partners Many countries across the world have some form of partnership registration scheme, some for same-sex couples only, and others for mixed-sex couples too. The UK consultation provides more information on this (DTI 2003). Professor Norrie (2000) noted that while in the late 1990s many legislatures across the world extended various benefits to same-sex relationships, most legal systems continued to make a clear statutory distinction between same-sex and mixed-sex couples. In 1999 the House of Lords held that a same-sex couple could be a ‘family’ for certain statutory purposes (Fitzpatrick v. Sterling Housing Association Ltd) and the European Court for Human Rights for the first time accepted that the prohibition of discrimination contained in Article 14 of the European Convention
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