Stage 1 report backs civil partnership extension

The Civil Partnership (Scotland) Bill will strengthen equality and advance human rights in Scotland, according to the Holyrood committee which considered the bill at stage 1.

In its report on the bill, which would allow different sex couples to enter a civil partnership, the Equalities & Human Rights Committee says that extending civil partnerships would create legal and financial protection for those different sex couples who do not wish to marry for a range of symbolic, cultural and emotional reasons.

"The committee strongly welcomes the legal, financial and other benefits that the bill will bring to different sex couples and several equality groups", the report states. "The committee recognises the importance of offering choice for couples to formalise their relationship and benefit from the rights and protections that flow from that, in a way that they see fit."

It also called for the Scottish Government to consider whether the bill could be amended to allow already married couples to convert their marriage to a civil partnership. Currently the UK Government is proposing a time limited opportunity to do so following equivalent legislation in England & Wales.

The committee adds that guidance should be issued for the public, outlining the differences between marriage and civil partnership. While these are relatively few, an understanding "would assist couples in deciding which form of relationship is right for them".        

Committee convener Ruth Maguire MSP commented: "The committee supports the Scottish Government’s aim of advancing human rights and equality through the extension of civil partnerships to different sex couples.

"We recognise the importance of offering choice for couples to formalise their relationship and access the rights and protections which flow from that, in a way that they see fit.

"However, the committee heard evidence that if provisions to allow conversion from marriage to civil partnership are introduced in England & Wales, then Scotland could fall behind on matters of equality.

"We believe there is an opportunity to improve the bill by creating a provision to allow couples to convert their marriage to a civil partnership. Whilst there are undoubtedly legal challenges in this area, these could be overcome with careful legal drafting."

Click here to view the report.