Question reference: S5W-23995
- Asked by: Linda Fabiani, MSP for East Kilbride, Scottish National Party
- Date lodged: 24 June 2019
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Current status: Initiated by the Scottish Government. Answered by Shirley-Anne Somerville on 25 June 2019
Question
To ask the Scottish Government whether it has reached a decision on the way forward for civil partnership in Scotland, following the consultation in 2018.
Answer
The Scottish Government consulted on the future of civil partnership from 28 September 2018 to 21 December 2018. The consultation can be found at https://consult.gov.scot/family-law/the-future-of-civil-partnership-in-scotland/
The Scottish Government consulted in response to a declaration by the UK Supreme Court that the current law of civil partnership was incompatible with the European Convention on Human Rights to the extent that it prevents mixed sex couples from entering into civil partnerships. The decision by the UK Supreme Court is at https://www.supremecourt.uk/cases/uksc-2017-0060.html
The Scottish Government received 481 responses to the consultation.
The Scottish Government has decided to introduce legislation to the Scottish Parliament in autumn this year that will make civil partnership available to mixed sex couples.
We have listened carefully to the views expressed by the people and organisations who responded to this consultation. We believe that opening up civil partnership to mixed sex couples is the best way to remove the ECHR incompatibility from the current law.
The extension of civil partnership to mixed sex couples will provide everyone in Scotland with the same choices should they decide to enter into a legally recognised relationship. This promotes equality of choice and human rights.
The Scottish Government response to the consultation is being published on the Scottish Government website. The Scottish Government will also publish shortly the analysis of the consultation responses and the responses we have permission to publish.