Dave Thompson MSP

Dave Thompson, SNP MSP for Skye, Lochaber and Badenoch, has submitted his response to the Scottish Government’s consultation on the Marriage and Civil Partnership (Scotland) Bill.

Mr Thompson made clear that he sees no reason to re-define marriage and intends to vote against the bill, but will seek to ensure that certain safeguards are contained within it.

Commenting on this, Mr Thompson said: “I do not believe this is an equality issue, as Civil Partnerships provide nearly all of the legal rights and obligations of Marriage and can easily be adjusted to make the two forms of union equal in every way, including allowing faith bodies which wish to carry out and bless Civil Partnerships the right to do so.

“I do believe that Marriage is different to Civil Partnership which I support. Essentially, it is all about the meaning of a word, a word that means the union of one man and one woman in a committed loving relationship for the procreation of children. On the other hand, Civil Partnership means the union of two people of the same sex in a committed loving relationship. These definitions are as equal as it is possible to be but highlight the difference between the two types of union.

Mr Thompson expressed his concerns that the legislation could lead to a limitation to freedom of speech and freedom of belief. If legislation is to be passed, it is essential that it contain legal guarantees which will protect the right of people to hold their own belief and to espouse them.

Adding to this, Mr Thompson said: “There is a real danger that Celebrants, Teachers, Registrars and others will fall foul of the Equality Act 2010 unless there is an opt-out on conscience grounds. I think this is eminently reasonable as it would recognise the role faith plays in the life of an individual.

“This will be recognised in relation to MSP’s who will be given a free vote on grounds of conscience. Surely, if this is recognised as a matter of conscience for MSP’s it must also be a matter of conscience for others. I would, therefore, ask that the Scottish government amend the bill to ensure that there is an opt-out on conscience grounds.

“Further, I believe that safeguards for Civil Liberties and Matters of Conscience will founder unless the Equality Act 2010 is amended by the Westminster government. I would, therefore, ask the Scottish government to ensure that, in the event of this bill passing, it will not become law until the Westminster government has enacted appropriate changes to the Equality Act 2010.

Note:

Dear Sir/Madam

The Marriage and Civil Partnership (Scotland) Bill

Please accept the following as my response to the consultation on the above bill and please confirm receipt of this submission.

Firstly, I should make it clear that I see no need to re-define marriage.

The reason for this is that I do not believe this is an equality issue, as Civil Partnerships provide nearly all of the legal rights and obligations of Marriage and can easily be adjusted to make the two forms of union equal in every way, including allowing faith bodies which wish to carry out and bless Civil Partnerships the right to do so.

I do believe that Marriage is different to Civil Partnership which I support. Essentially, it is all about the meaning of a word, a word that means the union of one man and one woman in a committed loving relationship for the procreation of children. On the other hand, Civil Partnership means the union of two people of the same sex in a committed loving relationship. These definitions are as equal as it is possible to be but highlight the difference between the two types of union.

I do not intend to respond to the detailed questions in the consultation as I do not think the bill should be passed but wish to highlight a few points which must be considered if it is.

I believe that re-defining marriage will lead to a limitation of freedom of speech and belief unless such freedom is enshrined in the face of the bill so that there can be no doubt about the right of all to hold their own beliefs and to be able to espouse them. Better minds than mine will be able to draft the wording necessary to ensure such certainty of security of freedom of speech and belief. I would, therefore, ask that the Scottish government amend the bill to cover this important point in relation to the civil liberty of all.

Should the bill be passed it is essential that real safeguards are built in to it, not only for Celebrants but also for others who may be caught out by unintended consequences. There is a real danger that Celebrants, Teachers, Registrars and others will fall foul of the Equality Act 2010 unless there is an opt-out on conscience grounds. I think this is eminently reasonable as it would recognise the role faith plays in the life of an individual.

This will be recognised in relation to MSP’s who will be given a free vote on grounds of conscience. Surely, if this is recognised as a matter of conscience for MSP’s it must also be a matter of conscience for others. I would, therefore, ask that the Scottish government amend the bill to ensure that there is an opt-out on conscience grounds.

Safeguards for Civil Liberties and Matters of Conscience will founder unless the Equality Act 2010 is amended by the Westminster government. I would, therefore, ask the Scottish government to ensure that, in the event of this bill passing, it will not become law until the Westminster government has enacted appropriate changes to the Equality Act 2010.

I am happy for this submission to be published and am also willing to appear before the committee considering the bill if they thought that would be helpful.

Yours sincerely,

Dave

Dave Thompson MSP
Skye, Lochaber and Badenoch (SNP)
Constituency Office
Thorfin House
Bridgend Business Park
Dingwall