Section 13A — Postponement of decree of divorce where religious impediment to remarry exists

Part of Family Law (Scotland) Bill: Stage 3 – in the Scottish Parliament at 11:00 am on 15 December 2005.

Alert me about debates like this

Photo of Kenneth Macintosh Kenneth Macintosh Labour 11:00, 15 December 2005

I refer Mr Rumbles to comments that I made in the Justice 1 Committee at stage 2 about the fact that much of the discussion on this matter has gone on outwith the bounds of the committee. That is unfortunate, but that is what happened. There was a great deal of discussion on that point. I recognise that some members still have anxieties about section 13A, but I believe that those anxieties are misplaced. I hope that I can offer some reassurance. The concerns, as I understand them and as Mike Rumbles has just outlined them, centre on three points: first, the principle that we should not confuse or conflate religious and civil law; secondly, that we should not introduce an unlimited delay to divorce because of religious beliefs; and thirdly, that we should not give one group—religious or not—special treatment. The bill does none of those things.

We are not amending, interfering, confusing, conflating or muddling civil and religious law; we are simply recognising religious divorce in exactly the way that we already recognise religious marriage. In fact, the wording used in section 13A is an exact copy of that used in the Marriage (Scotland) Act 1977. Section 13A does not prevent one partner from granting the other a divorce; quite the reverse. It merely builds in to the formal civil process the ability for the sheriff to grant a delay, not an indefinite postponement. It treats the existence of a religious impediment to remarriage in exactly the same way as property or custody of children: as an issue that can create acrimony and upset and that needs to be resolved.

Although section 13A would in practice be used by divorcing Jewish couples who find themselves in the difficult position of not being able to remarry, the bill applies equally to any religious body as prescribed in the 1977 marriage regulations. Although Pauline McNeill said that I would speak at length on this issue, I will not repeat the many arguments in favour of section 13A that were discussed in some detail at stage 2, other than to highlight that section 13A was overwhelmingly agreed to by Justice 1 Committee members; it has the support of all the main party leaders, if not officially of the parties themselves; and it is a proposal that has been actively pursued by the Jewish community, with my support, since at least 1999.

Members should not think that section 13A is unimportant just because few people will be affected by it. Surely no one here believes that a man should be able to exercise control over his former partner after the two have separated. That is what happens in a few cases at the moment, and it will continue to happen if we do not retain the section.

This is about allowing Scottish families going through a divorce to reach a fair and just settlement just like any other Scottish families. I urge members to reject Mike Rumbles's amendment 10.