Family law consultation: draft impact assessments
Draft impact assessments to support our consultation on reform of various aspects of family law in Scotland.
Potential introduction of qualifying requirements for religious and belief bodies - draft Child Rights and Wellbeing Impact Assessment
Brief Summary
Type of proposal
This draft CRWIA concerns a decision of a strategic nature relating to the rights and wellbeing of children.
Name the proposal, and describe its overall aims and intended purpose.
The Scottish Government is consulting on whether to make and lay a Scottish Statutory Instrument (the SSI) in the Scottish Parliament to create qualifying requirements for religious and belief bodies with celebrants who solemnise marriages and register civil partnerships. This would be in exercise of powers to introduce such requirements in regulations made under the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004.
This draft CRWIA is intended to support the consultation. We would publish a finalised CRWIA and a Statement of Compatibility if the SSI is made.
- Start date of proposal’s development: 7 December 2023
- Start date of CRWIA process: 6 November 2024
With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?
The introduction of qualifying requirements would impact directly on religious and belief bodies. However, we think there might be some indirect impacts for individual celebrants and for couples.
While it is possible to leave education at 16 in Scotland and take up full-time employment, it is unclear if in practice religious and belief bodies appoint celebrants who are 16 or 17.
It is currently possible for a 16 or 17-year-old to marry or register a civil partnership in Scotland. However, the Scottish Government is also consulting on whether the minimum age of marriage and civil partnership should be raised to 18.
We will consider the outcomes of the consultation before we decide on next steps in relation to the qualifying requirements. We would publish an updated full CRWIA and a Statement of Compatibility with any SSI introducing qualifying requirements.
However, at this stage and subject to the consultation outcomes, we think that the following Articles are potentially relevant to our future decisions:
- Article 3 (Best interests of the child) in that requiring religious and belief bodies to demonstrate that they meet the qualifying requirements is likely to be in the interests of couples who wish to exercise their choice to have a religious or belief ceremony in accordance with their faith or belief. Those aged 16 or 17 would benefit in the same way if it remains possible for a 16 or 17-year-old to marry or register a civil partnership.
- Article 14 (Freedom of thought, belief and religion) in that requiring religious and belief bodies to demonstrate that their meeting certain qualifying requirements is likely to support the existing measures to ensure that couples who wish to do so can get married or enter a civil partnership in accordance with their religion or belief and meet the requirements of the law. This would also benefit 16 and 17-year-olds who propose to marry or enter a civil partnership and want a religious or belief celebrant, if it continues to be possible for them to marry or enter a civil partnership.
- Article 19 (Protection from violence, abuse and neglect) as there is evidence that children (including those not of age to enter a marriage or civil partnership recognised by the state) can be at risk of a forced marriage and forced civil partnership. Bringing forward qualifying requirements might contribute to a limited extent to tackling forced marriage and forced civil partnership.
Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.
This section and the other parts of this CRWIA will be updated once we have analysed the responses to the consultation, considered any further evidence identified, and the Scottish Ministers have decided on next steps.
We will publish an updated and completed CRWIA and a Statement of Compatibility along with any legislation introduced to the Scottish Parliament.
In the meantime, we have summarised below some available evidence in relation to the numbers of 16 and 17-year-olds who marry each year and whether they have a civil or a religious or belief ceremony.
Evidence from:
Existing research/reports/policy expertise
Data from the National Records of Scotland (NRS) indicates that:
- in 2023 there were 21 instances of marriages in Scotland where one or both parties were aged 16 or 17;
- numbers of marriages involving a 16 or 17-year-old have been decreasing over time, in 2013 there were 50 recorded marriages where at least one party was under 18; and
- between 2005 and 2023 there were 4 civil partnerships registered where one or both parties were aged 16 or 17.
The NRS data shows that more girls marry aged 16 or 17 than do boys of the same ages. In the ten-year period between 2013 and 2023, 247 girls aged 16 or 17 married compared with 59 boys of those ages.
The data suggests that most marriages involving a 16 or 17-year-old party are conducted by civil registrars rather than celebrants from religious and belief bodies.
Our analysis of the NRS data on marriages involving a 16 or 17-year-old party in the period of 2013-2023 (276 marriages) indicates that for Scotland as a whole:
- 73% of marriages (202) were conducted by a civil registrar;
- 17% of marriages (47) were conducted by a celebrant from a Christian religious body or denomination;
- 8% of marriages (22) were conducted by a celebrant from a Muslim religious body;
- the remaining 2% of marriages (5) were conducted by celebrants representing other religious bodies and some belief bodies.
Most civil partnerships are conducted by civil registrars. Data obtained from NRS indicates that 124 civil partnerships have been conducted by a religious or belief celebrant since religious or belief civil partnerships became possible under the Marriage and Civil Partnership (Scotland) Act 2014 to the end of 2024. This is 3.3% of all civil partnerships in the same period.
Consultation/feedback from stakeholders
We have not identified points raised around children in responses we received to an
earlier informal discussion paper circulated to religious and belief bodies on introducing qualifying requirements. Some responses did express the view that forced marriage was not such a significant issue within their religious or belief community that the qualifying requirements were needed.
We will gather further evidence and views from the consultation.
Consultation/feedback directly from children and young people
We have not sought views and evidence from children and young people as the qualifying requirements would primarily affect religious and belief bodies.
Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.
Not applicable at this stage.
Analysis of Evidence
Not applicable at this stage.
What changes (if any) have been made to the proposal as a result of this assessment?
Not applicable at this stage.
Conclusion
As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?
Not applicable at this stage. The Scottish Government will reach a view on the likely overall impact when we reach decisions on our next steps after the consultation responses have been analysed and considered.
If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.
Not applicable at this stage.
If a negative impact has been identified, please describe it below. Is there a risk this could potentially amount to an incompatibility?
Not applicable at this stage.
Mitigation Record
What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?
Not applicable at this stage.
Issue or risk identified and relevant UNCRC requirement
Not applicable at this stage.
Action Taken/To Be Taken
Not applicable at this stage.
Date action to be taken or was taken
Not applicable at this stage
As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?
Not applicable at this stage
Safe
Yes
No
Not Applicable
Healthy
Yes
No
Not Applicable
Achieving
Yes
No
Not Applicable
Nurtured
Yes
No
Not Applicable
Active
Yes
No
Not Applicable
Respected
Yes
No
Not Applicable
Responsible
Yes
No
Not Applicable
Included
Yes
No
Not Applicable
If yes, please provide an explanation below:
How will you communicate to children and young people the impact that the proposal will have on their rights?
Not applicable at this stage.
Post Assessment Review and sign-off
Planning for the review of the impact on children’s rights and wellbeing.
Not applicable at this stage.
Sign off
Not applicable at this stage This will be completed after this consultation and views have been obtained from consultees
Policy Lead Signature & Date of Sign Off:
Deputy Director Signature & Date of Sign Off:
Date CRWIA team first contacted: 4 March 2025