Civil Partnership (Scotland) Bill: equality impact assessment

1. Age at marriage or entrance into civil partnership

NRS have published data on these ages.

In the event of civil partnership being extended to mixed sex couples, this same age criteria (that the parties must be at least 16) would apply as currently exists for marriage and civil partnership.

2. Composition of households in Scotland

Census Scotland have published data on composition.

3. Impact on children

Research from 2012 showed that the most important factors in determining children's wellbeing and outcomes are family process (such as the quality of parenting and family relationships) rather than family structures (such as the nature of the parents' relationship).

Family structure has been found to be less important than stability for a child's wellbeing, regardless of the nature of the family structure: "Stability is more important than family structure for children's well-being."

The 2014 Growing Up in Scotland report found that family structure "did not seem clearly associated with social and emotional well-being, after allowing for other influences".

1. NRS data

2. Census 2011 data

3. The Good Childhood Report (summary) (2012); p18 Mountney, K. (2011) Together and apart: supporting families through change, p1 and p11

Sweeting, H. and Wight, D. (2014) Growing Up in Scotland: Family and school influences on children's social and emotional well-being, para. 4.9

The forced civil partnership offence will provide protection for people who are not able to legally consent to a civil partnership due to mental incapacity.

The Framing Exercise for this EQIA noted the need for more guidance on the implications of the option followed, including easy-to-read guidance.

In Scotland, more female same sex couples than male enter into marriages.

Statistics suggest that women and girls are at greater risk of being the victim of a forced marriage.

The extension of civil partnership does not have an obvious impact on this protected characteristic. Services in relation to pregnancy are not linked to marital status.

NRS produce statistics on the marital status of the parents of children whose births have been registered in Scotland.

The extension of civil partnership to mixed sex couples means that a person in a civil partnership who obtains an interim GRC will no longer have to end their relationship by dissolving it or changing to marriage.

The number of birth certificates that are updated due to a person acquiring a legal change of gender is fewer than 50 per year.

There are very few dissolutions of a civil partnership each year due to a party to the relationship changing their gender: fewer than 10 per year.

Extension of civil partnership to mixed sex couples will allow them to enter into civil partnerships in Scotland if they wish.

This also means that mixed sex couples in civil partnerships or equivalents from other parts of the UK and overseas will be able to have their relationships recognised in Scotland.

Evidence from other countries indicates that there can be demand for legally recognised relationships other than marriage where both types of relationship are available.

However, the extent of demand can be linked to the relationship not being directly equivalent to marriage in terms of rights and responsibilities. Demand is generally lower when the two types of relationship are on the same general footing.

NRS data on civil partnerships in Scotland

Information from other countries
France
Netherlands

New Zealand

Some religious bodies have expressed concerns about the extension of civil partnership to mixed sex couples, in that this would undermine marriage.

In response to the EQIA produced for the 2015 consultation on the review of civil partnership, there were concerns that Christian belief and practices would be discriminated against.

One response^[6] to the 2018 consultation set out varying views on the introduction of mixed sex civil partnership within a single religious body.

Humanist Society Scotland have expressed strong support for mixed sex civil partnership.

Marriage will remain available to mixed and same sex couples.

Civil partnership would be made available to mixed sex couples. The rights and responsibilities of mixed sex civil partners would be the same as those of same sex civil partners, which are in turn generally aligned to those of married couples.