Foster '˜must apologise' for gay marriage letter

The Scottish government has released letters from Mrs Foster, in which she set out concerns over legislation allowing Northern Irish couples to convert civil partnerships to marriages in Scotland.

The letters, released following a freedom of information request, were written in 2015 when she was finance minister.

At the time, the Scottish government was introducing legislation to allow a civil partnership made in another jurisdiction to be recognised in Scotland as a marriage.

The publication comes days after Mrs Foster said she had no recollection of sending such correspondence to the administration in Edinburgh.

However, the letters show that both she and her party colleague, Simon Hamilton – who preceeded her as finance minister – had urged the then Scottish local government minister, Marco Biagi, to exclude Northern Irish couples from the legislation.

The letters did not cite moral or political objections to the proposed legislation in Scotland, but highlighted potential legal issues.

They said complications could arise from couples having “dual status”, where they are recognised as civil partners in Northern Ireland but as married in Scotland.

Mrs Foster wrote: “I’m sure neither of us would wish to place same sex couple in an uncertain legal position, which maybe difficult and expensive to resolve.”

Mr Biagi rejected the request, stating it would “not be appropriate” to exclude Northern Ireland couples from availing of the legislation.

Criticising the move by the DUP, John O’Doherty, director of LGBT support group The Rainbow Project, said Mrs Foster “owes the people of Northern Ireland an explanation and apology for covertly seeking to limit their rights”.

He added: “Mrs Foster’s argument that permitting NI couples to convert to same-sex marriages in Scotland would cause confusion is difficult to accept considering the confusion caused to lawfully married couples who are not recognised as married in Northern Ireland.”

Belfast-based human rights lawyer Ciaran Moynagh, who is currently fighting in the courts for same-sex marriage in Northern Ireland, said: “The letters clearly demonstrate how the DUP try to use whatever political influence they have to restrict LGBT rights. This is of obvious and pressing concern given the current ‘confidence and supply’ negotiations with Downing Street.”

Alliance leader Naomi Long said: “The DUP has always resisted any progress towards full equality for LGBT people and these letters now show that, not content with doing so here, both she and Simon Hamilton sought to interfere in the matter in another jurisdiction as well.

“The DUP may have a mandate to oppose equal marriage here but they certainly don’t in Scotland.”

A DUP spokesman told the News Letter: “This correspondence was exploring technical legal matters and was not personally driven by the minister.”