Written Question · S2W-17648 · Session 2
Whether it considers that civil partners brought together under the Civil Partnership Act 2004 ought to have their status recognised in oth…
The question
To ask the Scottish Executive whether it considers that civil partners brought together under the Civil Partnership Act 2004 ought to have their status recognised in other EU member states for the purposes of rules on (a) ownership of property, (b) inheritance, (c) actions in delict, (d) parental responsibility, (e) financial provision for children, (f) adoption, (g) access to public housing, (h) tenancies, (i) fatal accident claims by one partner in the event of the death of the other, (j) criminal evidence and (k) taxation and, if so, what action it will take in order to achieve this.
The answer
On implementation from 5 December, the Civil Partnership Act 2004 will allow same-sex couples to register their partnerships. Registration will bring a package of responsibilities and rights similar to those which opposite-sex couples acquire through marriage.
The same-sex registered partnerships of certain overseas jurisdictions will be treated as civil partnerships throughout the UK. These are listed in schedule 20 of the act and are referred to as “specified relationships”. In future, this list can be added to by order as other countries establish similar relationships. Equally, it is anticipated that these overseas jurisdictions will recognise civil partnerships registered in the UK.
At present, some EU member states have equivalent “specified relationships” while others do not. It is not for the Scottish Executive to comment on the policies of other EU member states.
The same-sex registered partnerships of certain overseas jurisdictions will be treated as civil partnerships throughout the UK. These are listed in schedule 20 of the act and are referred to as “specified relationships”. In future, this list can be added to by order as other countries establish similar relationships. Equally, it is anticipated that these overseas jurisdictions will recognise civil partnerships registered in the UK.
At present, some EU member states have equivalent “specified relationships” while others do not. It is not for the Scottish Executive to comment on the policies of other EU member states.
In the Official Report
No contribution in the Official Report cites S2W-17648 by reference.