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Same-sex parental rights legislation

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WQ.98/2022

WRITTEN QUESTION TO THE MINISTER FOR CHILDREN AND EDUCTION BY DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR

QUESTION SUBMITTED ON MONDAY 14th MARCH 2022 ANSWER TO BE TABLED ON MONDAY 21st MARCH 2022

Question

“Following the Assembly’s adoption of ‘Legal parent status and parental responsibility for same sex parents’ (P.26/2022), will the Minister update members on whether legislation to remove the discrimination regarding the legal parent status and parental responsibility for same sex parents in Jersey will be lodged in time for consideration by the current Assembly; and, if so, when will he lodge the relevant Draft Law?”

Answer

In the 11 working days that have passed since the adoption of ‘Legal parent status and parental responsibility for same sex parents’ (P.26/2022), I have as requested by the adopted proposition continued to prioritise the drafting of legislation. In accordance with my commitment to the Assembly, I will continue to maintain the current priority and continual progress of the work between now and 29April 2022, when the last Sitting of the current Assembly commences, and beyond if necessary.

In my comments lodged in response to P.26/2022 I detailed the many challenges associated with lodging this important legislation in such an unrealistic timescale. I reiterated these challenges during the debate, and I can confirm that these challenges remain, although officers are working hard, and real progress is being made to resolve them.

However, it is simply not possible, at this time, to give a firm indication on whether I will be able to lodge the Draft Law and on what date. As I set out during the debate my officers have discussed with stakeholders the request made in the proposition. My officers have also advised me throughout that it is highly improbable that a properly consulted law that fully addresses all the issues in this policy area could be lodged pre-election.

I am not happy to bring forward rushed legislation to the assembly and the law must be absolutely correct without any possibility of unintended consequences. The way to achieve this is through robust discussion between policy officers and law drafters and full and proper consultation with all stakeholders, anything less would do a disservice to both same-sex and opposite sex-parents who will all be subject to the provisions contained within the draft Law.