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Partners in Law

A recent debate at the LGBT Centre for Health & Wellbeing highlighted the topicality of civil partnership for same-sex couples. The UK Government has outlined law proposals in England and Wales.

The proposals are for partnership law with very similar protections, responsibilities and rights as married couples. The way a couple would start a civil partnership would be similar to civil marriage, at the local Registry Office.

Once the partnership is registered, the law will treat civil partners pretty much exactly the same as married couples. Partners will be expected to share their financial resources, and so will be jointly assessed for benefits. They will be recognised as each other's nearest relative, and joint parenting by civil partners will be recognised.

A civil partnership can only be dissolved by applying to court, on similar grounds to divorce. The court will be able to order a division of property between the partners, and will be able to make rules on residence of, contact with, and financial support for, children of the partnership.

When one partner dies, the other will have a right to inherit from them, even if there is no will. They will also have pension rights similar to a widow/er.

What about mixed-sex couples?

The proposals for England and Wales have come in for some criticism because they only cover same-sex couples. The Government says that mixed-sex couples don't need civil partnership, because they can marry.

However, some mixed-sex couples do not wish to marry, but would like to get legal protection through a civil partnership, and wouldn't it be fairer if it was open to all? Restricting civil partnership only to same-sex couples could also be seen as permanently labeling same-sex couples as different from mixed-sex ones: they can marry; we get civil partnership. Equality Network policy, developed over two years of consultation with LGBT people in Scotland, is for civil partnership open to same-sex and mixed-sex couples. The Liberal Democrat and Green parties in Scotland also support civil partnership open to mixed-sex as well as same-sex couples.

When will it happen?

It is likely that the legislation for civil partnership in England and Wales will be announced in the Queen's Speech in the Westminster Parliament this November. The bill to introduce civil partnership could be introduced in the Westminster Parliament around the end of this year, and might at the earliest become law by next summer.

What about Scotland?

If civil partnership comes into effect in England and Wales, it would probably be possible for Scots same-sex couples to spend a couple of weeks in England and register as civil partners there.

When they come back to Scotland, they would get the tax and pension benefits, because these are the same across the UK. But they would not get any of the other benefits, like recognition as next of kin or the right to inherit from their partner, because these are devolved to Scotland.

The only way Scots couples will get the full benefits of civil partnership, and the right to register (and dissolve) a partnership here in Scotland, will be if full civil partnership law is introduced for Scotland.

Back in May, Green MSP Patrick Harvie introduced a proposal for a Civil Partnerships (Scotland) Bill in the Scottish Parliament. The proposal was signed by more than 11 other MSPs, which means the Greens can now go ahead and introduce a bill.

They haven't done that yet, because they are waiting to see if the Scottish Executive introduce their own bill if Tony Blair can do it south of the border, why not Jack McConnell here?

The two Scottish Executive parties, Labour and the Liberal Democrats, support civil partnership, and civil partnership was a Liberal Democrat Scottish election manifesto pledge. But Jack McConnell and co seem to be worried about becoming the target of another 'Keep the Clause' style campaign, and so far have not committed to doing anything.

The Equality Network wants to see the Scottish Executive consult on civil partnership for Scotland, when the Scottish Parliament returns from its summer break in September. The Executive could then introduce a bill for civil partnership in the Scottish Parliament which could pass in 2004 or early 2005.

The Executive might ask the Scottish Parliament to agree to Westminster legislating for civil partnership for Scotland, by extending the London bill to cover Scotland as well as England and Wales. However, many might feel that large pieces of devolved legislation should be debated at the Scottish Parliament, which has the expertise to get the law right for Scotland, and not decided in London by MPs and Lords from all over the UK.

If the Scottish Executive does nothing, the Green Party will go ahead with their own Civil Partnerships Bill in the Scottish Parliament. That would not be good for the Executive's reputation, in the LGBT communities at least!