To ask the Scottish Executive when it received the Scottish Law Commission report, Title to Sue for Non-Patrimonial Loss; what action it has taken in relation to the report; what proposals it has to implement it, and what the reasons are for its position on the matter.
The Scottish Law CommissionReport on
Title to Sue for Non-Patrimonial Loss (SLC 187) waspublished on 8 August 2002. It made a number of recommendations for changes tothe categories of persons who are able to sue for non-patrimonial loss.
Recommendation10 of the Report was that the Damages(Scotland) Act 1976 shouldbe amended to provide that:
“(a)any person who, immediately before the deceased's death, was the same-sex cohabitantof the deceased should be entitled to sue for patrimonial and non-patrimonial loss;and
(b)"same-sex cohabitant" (for the purposes of title to sue fornon-patrimonial and patrimonial loss) should mean any person who was livingwith the deceased in a relationship which had the characteristics, other thanthat the persons are of the opposite sex, of the relationship between husbandand wife.”
The Scottish Executive hasagreed that this recommendation should be implemented and that is being donethrough provisions contained in Schedule28, Part 4 of the Civil Partnership Bill which is presently before theUnited Kingdom Parliament.
The other recommendations forchange contained in the report are still under consideration, and no decisionshave yet been taken as to their implementation.