Equality Bill

I share and endorse the comments of the noble Baroness, Lady Gould, on the welcome importance of the Gender Recognition Act 2004. I seek clarification of the position with regard to Scotland, as the issue has been raised by the principal clerk to the General Assembly of the Church of Scotland. There is a difference in as much as Schedule 4 to the Act makes specific provision for the Church of England, which is reflected in the amendment of the right reverend Prelate the Bishop of Winchester, as moved by the right reverend Prelate the Bishop of Southwark. No such equivalent provision was made for Scotland in Schedule 4 to the 2004 Act. There is a difference in that in England there is a duty on the party of the clergy whereas in Scotland there is not the same duty with regard to agreeing to a solemnisation. It is only at the point of solemnisation that it is a public function and the decision on whether to solemnise could arguably be a religious function. I also understand that this would be a matter for the Scottish Parliament, given that marriage law is a wholly devolved matter. However, under Schedule 5 to the Scotland Act 1998—in Part II, Head L2—equal opportunities is a reserved matter. There could conceivably be a dispute over where the boundary lies between the competence of the Scottish Parliament and the competence of Westminster, but ultimately that would be a matter for the courts. It would be helpful if the Minister could indicate whether, if a similar protection were given to clergy in the Church of Scotland or other denominations within Scotland, it would be fully within the competence of the Scottish Parliament to legislate.