CATHOLIC adoption agencies are to be given the right to refuse to hand over children to homosexual couples.

A new law will allow agencies run by the Catholic church to refuse prospective adoptive parents on the basis of their sexual orientation.

Peter Peacock, the education minister, has told MSPs that he is willing to introduce the ruling because he favours supporting the work of Catholic agencies.

However, the proposals have been condemned as “homophobic discrimination” and “wrong” by gay rights organisations, which accused the Scottish executive of caving in to the Catholic church.

The measures are to be included in the adoption bill, currently going through the Scottish parliament, which will give unmarried couples, including same-sex couples, the right to adopt.

The legislation was introduced earlier this year in response to a falling number of places for vulnerable children. There are also measures to make adoption easier and better to protect all the parties involved.

The bill has not proved universally popular, with Alasdair Morrison, the Labour MSP for the Western Isles, among several backbenchers who have said they intend to vote against the measure.

The Catholic church is also opposed to the bill, with Cardinal Keith O’Brien describing its proposals as immoral. Catholic adoption agencies do not oppose it outright, but argue they do not want to be forced to place children with same-sex couples.

Now Peacock has struck a compromise deal, pushing through the legislation but proposing a regulation allowing Catholic adoption agencies to refuse to hand over children to gay couples.

Last week he told members of the education committee that he had no interest in forcing faith-based organisations to make placements with which they would be unhappy.

“The whole point is that nobody has the right to adopt. It’s what is in the best interests of the child,” said Elaine Murray, the Labour MSP for Dumfries and a member of the committee.

“In order to comply with the law they would have to agree to refer them to a more appropriate organisation.”

Michael Mesarowicz, director of St Margaret’s Children and Family Care Society, a Glasgow-based Catholic adoption agency, said he welcomed the new proposal.

“We are pleased that the minister is taking on board our concerns.

“Children who have been removed from families are vulnerable, and to place them with a same-sex couple presents them with additional dilemmas that children may not be able to take on board.

“For that reason we would prefer not to place them with same-sex couples. They are not yet in the mainstream of our society. We would want to place children who are disadvantaged within the mainstream.”

However, gay and equality organisations accused ministers of enshrining discrimination in law because of pressure from the Catholic church.

“It’s about time the Scottish executive stood up to homophobic discrimination in the same way as they stood up to sectarian discrimination,” said Tim Hopkins of the Equality Network.

“It is quite wrong that when a public service is being provided by a voluntary body, especially when they are receiving money from the public purse, they can be allowed to discriminate. It is quite wrong of the executive to allow Catholic adoption agencies to have a blanket rule allowing them not to deal with same- sex couples.”

Sue Robertson, spokeswoman for Lesbian Mothers, said: “Children care about whether they have a warm loving relationship with their parents, they do not care about their parents’ sexuality. I am very disappointed the committee and the executive do not see fit to follow what is accepted policy on discrimination against lesbian and gay people.

“The Scottish parliament set up a commitment to equal opportunities, regardless of sexual orientation. By allowing Catholic adoption agencies to turn away gay couples, they are breaching that commitment.”

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