Marriage (Same Sex Couples) Bill

Lord Mackay of Clashfern Excerpts

Wednesday 19th June 2013 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, does it not require a statutory provision in Scotland to make this work? Therefore, it is not a matter for the courts in Scotland; it is a matter for the Secretary of State and Ministers in Scotland to make a statutory order to make the rule part of the statutory law of Scotland.

[Lord Wallace of Tankerness]

As ever, my noble and learned friend expresses it far more concisely than I do.

--- Later in debate ---

Moved by

[Lord Mackay of Clashfern]

33: Clause 11, page 11, line 4, at beginning insert “Subject to the later provisions of this Act,”

[Lord Mackay of Clashfern]

This is an extremely simple point, but possibly of some importance. Clause 11 (1) says:

“In the law of England and Wales, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples”.

This is not correct as it stands, because there are all these provisions later in the schedules; therefore, the accurate enunciation of the law will be subject to the later provisions of this Bill. I beg to move.

[Baroness Stowell of Beeston]

My Lords, I am grateful to my noble and learned friend and, as is clear from today’s list, this amendment was debated as part of a group yesterday. My noble and learned friend gave me notice that he wanted to ask a question following on from the debate. I have been given an answer to his question, which I could read out, but I know I would not understand what it is I am reading, and I know we are keen to make progress. The most sensible course of action is for me to ask Parliamentary Counsel to reflect on the points that my noble and learned friend has made and I will then ensure that I write to him as soon as possible and then put a copy of that letter in the Library.

[Lord Mackay of Clashfern]

My Lords, I am very grateful and am happy to withdraw the amendment on that assurance that Parliamentary Counsel will look at this.

Amendment 33 withdrawn.