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Last Updated: Wednesday, 10 September, 2003, 16:25 GMT 17:25 UK
Ministers in gay rights opt-out
The proposals are intended to ensure equal status
Scottish ministers have decided not to introduce new legal rights for same-sex couples, choosing instead to pass the decision to colleagues at Westminster.

The Scottish Cabinet has ruled that, while ministers have the power to legislate north of the border, they would rather wait for Westminster to legislate for the whole of the UK.

The Westminster plans would allow partnerships to be formally registered, giving visiting rights in hospital, a share in a dead partner's pension and exemption from inheritance tax on a shared home.

Justice Minister Cathy Jamieson said separate legislation in Scotland could lead to a "postcode lottery of rights" north and south of the border.

Nor, said Ms Jamieson, would the Scottish Executive support a bill proposed by Green MSP Patrick Harvie, which would enable same-sex couples in Scotland to formally register their partners, giving them similar rights to married couples.

The decision has angered and disappointed some MSPs who believe Scotland should be prepared to go its own way.

The Scottish National Party branded the decision "an act of political cowardice".

While I accept that for same-sex couples this is a very important issue - it is not an immediate priority for the overwhelming majority of Scotland's people
Cathy Jamieson MSP

However Ms Jamieson said the introduction of legislation, that would effectively sanction gay marriage in the form of new legal rights for same-sex couples, was not a priority for the executive.

She added that its introduction would have led to the executive having to drop or delay an issue from the existing justice legislative programme - such as protection for vulnerable witnesses, or High Court reforms.

The minister said: "While I accept that for same-sex couples this is a very important issue - it is not an immediate priority for the overwhelming majority of Scotland's people but taking action to combat crime and anti-social behaviour is.

"However, when and if such legislation in the UK Parliament comes forward, we believe that on balance this offers the shortest, sharpest, fairest method of achieving UK consistency without impacting adversely on the executive and the people of Scotland's priorities of crime, anti-social behaviour, the economy, education and health."

Ms Jamieson denied the decision had been motivated by ministerial concerns of a repeat of the Section 28 controversy over the teaching of homosexuality in Scottsh schools.

Same sex couple's wedding cake
The executive have been accused of side-stepping of issue

Mr Harvie, who has proposed a civil partnerships bill, said he was "extremely disappointed" at the executive's decision.

Mr Harvie's bill would seek equal rights for all unmarried couples in committed relationships.

He said: "The civil partnerships bill I am proposing would address the rights of all couples who wanted them and would do it in Scotland.

"There's been a lack of political courage here, and the result is the executive are failing Scots couples."

SNP justice spokeswoman Nicola Sturgeon accused the executive of side-stepping the issue.

She said: "80% of the areas affected by civil partnerships - family law, for example - are devolved to the Scottish Parliament.

"For the Scottish Executive to pass the buck to Westminster on a matter that is substantially devolved is an abdication of responsibility."

The Scottish Socialist Party also accused ministers of "washing their hands" of the issue and vowed to continue to support Mr Harvie's bill.




SEE ALSO:
Gay rights decision awaited
10 Sep 03  |  Scotland
'Reject gay rights move'
01 Aug 03  |  Scotland
Ministers look at gay rights plan
30 Jun 03  |  Scotland
New rights for gay couples
30 Jun 03  |  Politics
MSP seeks gay rights shake-up
13 May 03  |  Scotland
Gay couples 'to get equal rights'
06 Dec 02  |  Politics


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