§ 27. Mr. Desmond Browne (Kilmarnock and Loudoun)What role she plays in relation to the proof of irregular marriages in the context of inherited civil service pension rights. [118152]
§ The Advocate-General for Scotland (Dr. Lynda Clark)The responsible Minister for civil service pensions is my right hon. Friend the Minister for the Cabinet Office. However, I am able to advise that in general terms the solicitor to the Advocate-General for Scotland's office advises all the United Kingdom Departments, and that would include that Department.
§ Mr. BrowneI thank my hon. and learned Friend for that reply. I have provided notice of the Question as it relates to a constituent's case. Will she tell the House when my constituent, Mrs. Mavis MacDonald, can expect a reply to her request to inherit the pension rights of her deceased partner? Will it be before my correspondence file celebrates its second birthday?
The Advocate-GeneralI am well aware of the effort that my hon. Friend puts into constituency matters. I am much obliged to him for providing me with specific notice of the case to which he has referred. He will not wish me to discuss in public the details of the case, but I am more than happy to advise that documents are being considered and that the solicitors of my hon. Friend's constituent are being advised about the matter. If my hon. Friend wishes chapter and verse, I am more than happy to provide that to him in private.
§ Miss Anne McIntosh (Vale of York)Would the Advocate-General advise me whether the normal rules of 818 common law marriages would apply in a case such as that raised by the hon. Member for Kilmarnock and Loudoun (Mr. Browne)? Would same-sex marriages be recognised for the purposes of inherited civil service pension rights?
The Advocate-GeneralThe case referred to by my hon. Friend the Member for Kilmarnock and Loudoun (Mr. Browne) does not, so far as I am aware, raise any same-sex issues. The normal rules on cohabitation and repute are under consideration, which is part of the background to the difficulties experienced in my hon. Friend's case. The hon. Lady will know that the law in Scotland on marriage by cohabitation and repute is not always easy to interpret, and it may take some time before the proper documents are sorted out.