Family Law Debate, 16/06/04 [S]

MSPs debated the proposals contained in the consultation document Family Matters: Improving Family Law in Scotland on Thursday 16 June 2004. The debate was tabled in the name of Cathy Jamieson, Minister for Justice and asked the Parliament to agree the three principles for reforming family law.

The three principles are:

• The best interests of children should be safeguarded


• Stability in families should be promoted and supported


• The law should be updated to reflect the reality of families in Scotland today

Annabel Goldie (Cons) tabled an amendment to the motion asking the Parliament to ensure that marriage is not undermined by any reforms to the law, while Nicola Sturgeon (SNP) asked MSPs to note the importance of protection under the law for cohabiting couples. Both amendments were disagreed too.

The debate focussed on the controversial measure of introducing automatic rights of contact for grandparents. The Executive is opposed to this proposal but has come increasingly under pressure to acknowledge the role of the wider family in bringing up children, particularly at times of family difficulties. While all parties acknowledged that the role of grandparents (and wider family members) is very important they felt that automatic rights was not the best way to do this.

The full text of the motion debated and amendments :

S2M-1464 Cathy Jamieson: Family Matters: Improving Family Law in Scotland-That the Parliament agrees that family law reform must safeguard the best interests of children; believes that stability in families should be promoted and supported, and therefore supports the reform of family law so that it reflects the reality of families in Scotland today.

S2M-1464.1 Annabel Goldie: Family Matters: Improving Family Law in Scotland-As an amendment to motion (S2M-1464) in the name of Cathy Jamieson, leave out from ""and therefore"" to end and insert ""recognises that marriage has proved to be the most stable and viable framework within which to raise children, and therefore calls on the Scottish Executive, in considering any legislation, to ensure that marriage is not undermined by any such legislative changes.""

S2M-1464.2 Nicola Sturgeon: Family Matters: Improving Family Law in Scotland-As an amendment to motion (S2M-1464) in the name of Cathy Jamieson, insert at end ""and ensures meaningful protection under the law, particularly in the event of separation or the death of one partner, for couples who have made the legitimate choice to live together without being married.""

A full transcript of the debate is available in the Scottish Parliament Official Report 16/06/04, on the Scottish Parliament website.

Further Information

1. Scottish Parliament Official Report Wednesday 16 June 2004

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