Justice 1 Committee, 23 Nov 2005

Meeting date: Wednesday, November 23, 2005

Official Report 325KB pdf

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Subordinate Legislation

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Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (draft)

Hugh Henry is remaining with us for item 2, which is subordinate legislation. I refer members to a note that the clerk has prepared on the draft order. I ask Hugh Henry to speak to and move motion S2M-3547.

The draft order makes consequential amendments to primary legislation to take account of civil partners. The reason for making the order is to ensure parity of treatment between spouses and civil partners. That was the policy of both the Executive and the United Kingdom Government in framing the Civil Partnership Act 2004.

The committee will be aware that the Civil Partnership Act 2004 will come into force throughout the UK on 5 December. The act affords greater social and legal inclusion to couples in same-sex relationships by creating a mechanism through which they can register their relationships. Registration will bring with it a package of responsibilities and rights that parallel those that are available to opposite-sex couples through marriage.

Schedule 28 to the act makes consequential amendments to Scottish primary legislation that are required to take account of the new relationship of civil partners but, as is usually the case with significant pieces of primary legislation, consequential subordinate legislation is required to give full effect to the act. The order amends primary legislation that is not covered by schedule 28 to the Civil Partnership Act 2004. In most cases, it is simply a matter of adding the term "or civil partner" alongside existing references to "spouse".

The order, along with the Family Law (Scotland) Bill, consequential regulations that amend secondary legislation, regulations passed at Westminster on reserved matters and a number of sets of regulations in particular subject areas such as occupational pensions, will ensure that the Civil Partnership Act 2004 in Scotland is given full effect when it comes into force on 5 December.

I move,

That the Justice 1 Committee recommends that the draft Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 be approved.

Thank you. Does any member want to speak?

The Executive note states:

"This instrument has no financial effects on the Scottish Executive, local government or on business."

My colleague Stewart Stevenson, who is sorry that he cannot be here to raise the point himself, suggests to me that in fact there is a financial effect, for example on the collection of council tax. Can you clarify whether he is right or you are right?

An effect on the collection of council tax in what respect?

For example, if there is a recognised partnership, a discount will not be available. I have to admit that I do not fully understand the point, but it has been suggested to me that there is an effect, so I want you to clarify the situation.

I presume that what Stewart Stevenson is saying is that civil partners will now be treated as a married couple, so there will be a difference between what they will contribute and what two single people who live together will contribute.

Possibly.

I am not very familiar with the position—it is a while since I looked at the provisions on that in local government legislation. Any such difference would have a minimal effect.

The issue will not change my mind about supporting the Scottish statutory instrument but, as the point had been raised, I wanted to know that we were voting for the right thing.

As I said, I am not sure about the precise details, but any change to the total income stream for local government will be so small as to be inconsequential.

We will let Stewart Stevenson pursue the matter through parliamentary questions to Tom McCabe or whoever the relevant minister is.

I welcome the order. It was not clear to me until I read the Executive note how many acts of Parliament would have to be amended. Little did I think that we would have to amend the Anatomy Act 1984, the Land Reform (Scotland) Act 2003, the Crofters (Scotland) Act 1993 and the Mortgage Rights (Scotland) Act 2001. Suffice it to say that a great deal of work has clearly gone into this. When we drew up our report on the Civil Partnership Bill, which was the subject of a Sewel motion, we made it clear that the Scottish Executive would have to carry out a lot of work to ensure that it interacted properly and complied with other aspects of the law. I welcome what you and your officials have done to amend the other pieces of legislation.

Members have no further questions. Minister, do you wish to say anything in conclusion?

No, thanks.

Motion agreed to.

That the Justice 1 Committee recommends that the draft Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 be approved.

We will report to Parliament in the usual way, and include the Official Report of our comments to let MSPs decide how they want to vote. A draft report will be circulated by e-mail for comment and the deadline for comments is Wednesday 7 December. We will aim to publish by Friday 25 November—that cannot be right. [Interruption.] As you have probably gathered, I am reading from a script. The dates must be the wrong way round; the publication date must be 7 December. Suffice it to say that members should look out for an e-mail containing the draft report, because anyone who wants to make any final comments should do so immediately.

I am sad to say that that brings to an end the minister's time with us this morning. Thank you very much. Unfortunately, you will have to see us again next week.

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Marriages and Civil Partnerships (Fees) (Scotland) Regulations 2005 (SSI 2005/556)<br />Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (SSI 2005/567)

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Civil Partnership (Relationships Arising Through Civil Partnership) (Scotland) Order 2005 (SSI 2005/568)<br />Civil Partnership (Modification of Subordinate Legislation) Order 2005<br />(SSI 2005/572)

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Civil Partnership (Overseas Relationships) (Scotland) Order 2005 (SSI 2005/573)

Item 3 is also on subordinate legislation. I welcome from the Scottish Executive Justice Department Louise Miller and Alex Mowat, who have come along to answer any questions that members may have about the statutory instruments.

I inform members that the Subordinate Legislation Committee has nothing to draw to the committee's attention in relation to these negative instruments, so it is a matter for the committee to make comments or ask questions. The committee may want simply to—[Interruption.] I should add that there is one exception, which is the first instrument—the Marriages and Civil Partnerships (Fees) (Scotland) Regulations 2005, for which the General Register Office for Scotland is responsible. Members should have a note of that.

Do members have any comments to make?

Members indicated disagreement.

As they are here, do Louise Miller and Alex Mowat want to draw to our attention anything on any of the instruments?

No.

No.

Okay. The committee is otherwise content to note the instruments. We will report to the Parliament in the usual way that we have noted the contents of the instruments.

Before we leave this item, I just want to check that members are content to note all the instruments.

Members indicated agreement.

In that case, I remind members that we will meet next week on 29 November to complete stage 2 of the Family Law (Scotland) Bill. The deadline for lodging amendments is Friday 25 November at 12 noon.

Meeting closed at 13:14.