Marriage (Same Sex Couples) Bill Debate
Full Debate: Read Full DebateLord Mackay of Clashfern
Main Page: Lord Mackay of Clashfern (Conservative - Life peer)Department Debates - View all Lord Mackay of Clashfern's debates with the Department for Work and Pensions
(11 years, 4 months ago)
Lords ChamberMy 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.
As ever, my noble and learned friend expresses it far more concisely than I do.
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.
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.
My Lords, I am very grateful and am happy to withdraw the amendment on that assurance that Parliamentary Counsel will look at this.