Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Eleven

Email SCPO

Parliamentary Officer:Rev Graham Blount
Phone:
0131 558 8137

Briefing Document No 11 - Page 4 of 5

"Parents and Children" - Continued.

5. Other Issues

· The concept of "illegitimacy" of children is to be abolished

· Various changes are proposed to the use of matrimonial interdicts in protecting vulnerable spouses, including their availability to divorced spouses, and to present and former cohabitants; they will therefore be renamed "domestic interdicts". There may be further legislation on this coming from the Justice Committee

· "It is not the Executive's policy to introduce same sex marriage in Scotland" (6.4.2) - despite some support for this among MSPs

· In recognition of representations made by the Roman Catholic Church, impotency will continue to be a ground for seeking to have a marriage declared void

· It is proposed to retain "judicial separation" as "a useful measure for those whose religion does not permit divorce" (10.12)

· Changes previously proposed to protect Jewish wives who wish their marriages dissolved according to Jewish practice as well as civil procedures will be included in future legislation, and similar provision would be made for other faith communities.

Basis of Response

Churches will want to respond to these questions on the basis of (a) Biblical and theological understandings of relationships and of values in family life and (b) pastoral experiences at both congregational and national levels. Several churches have in recent years produced reports which recognise developments that have made huge changes to marriage and family life, and indicate concerns.

That understanding, and our pastoral practice both provide rich resources for enriching relationships and family life. While we may well differ in our responses to particular proposals (and our theological understanding of marriage), we may be able to work together on a constructive response that takes seriously the Executive's stated commitments to marriage and to the well-being of the children whose life chances are damaged when relationships break down. With that starting point, we might get beyond dealing with symptoms and shibboleths, and seek to broaden the debate by opening up with the Executive how they and we can work together to support and sustain people in stable relationships of commitment.

As the recent suggestion of financial support for mothers who choose not to work while children are young shows, there are many wider issues that could come under scrutiny as to how "family friendly" they may be. Is there a public policy basis for seeking to sustain marriages and families, as well as dealing fairly and cleanly with those that go wrong, and how might that be done? That may be the real challenge.

The Scottish Civic Forum is hosting a public dialogue on these proposals, on Wednesday 15 November, from 10.30am - 3.30pm, at Renfield St Stephen's Church Centre, Bath St, Glasgow. People with similar and with conflicting views will be able to explore the issues. Part of the event will also consider what process can be put in place to generate more widespread discussion across Scotland, perhaps on specific aspects of the proposals.

A wide-cross section of society will have the opportunity to participate in this dialogue both in plenary and in small groups. At the end of the day participants will be able to ask questions of a panel of people representing different perspectives. A summary of the views expressed at the meeting will also be submitted to the Scottish Executive by the Scottish Civic Forum.

If you wish to attend this meeting, please contact Niall Hermiston, Scottish Civic Forum, 21 Queen Street, EDINBURGH, EH2 1JX; Tel: 0131 225 6789, Fax: 0131 220 0105, E-mail: niall.hermiston@civicforum.org.uk