Question

To ask the Minister for Women and Equalities, what steps the Government is taking to ensure that same-sex marriages are recognised in all British Overseas Territories; and what recent (a) meetings and (b) correspondence she has had on that issue.

The Marriage (Same Sex Couples) Act 2013 enabled overseas same sex marriages to be recognised as marriages in England and Wales since 13 March 2014. Non-marital overseas relationships, such as civil unions, are also recognised as civil partnerships in England and Wales under the Civil Partnership Act 2004.

As responsibility for legislating on marriage law is a devolved competency for British Overseas Territories, the UK Government cannot ensure that same-sex marriages are recognised in all Territories. However, following the Marriage (Same Sex Couples) Act 2013, the UK Government wrote to all British Overseas Territory Governments to advise them of the change in UK law; to encourage them to introduce similar provisions in their territories; and to ascertain if they had any immediate plans to legislate in this area.

We received a mixed response. The majority of Territories explained that they had no immediate plans to follow the UK approach but others did identify that they would consider introducing legislation. Since that correspondence, the Pitcairn Islands have legislated to introduce same sex marriage and we understand others will follow.

More widely, the UK Government continues to raise LGBT equalities with the Overseas Territories. Earlier this month, Baroness Anelay addressed LGBT issues when she spoke to the Cayman Islands Legislative Assembly. The Solicitor General will also co-chair a session in November with the Rt. Hon Baroness Anelay, Minister for the Overseas Territories, on human rights at the Joint Ministerial Council.

The UK Government will continue to work with the British Overseas Territories on LGB&T equality and wider human rights issues. We stand ready to offer support to any Territory wishing to follow the UK’s approach.