Forced Marriage (Civil Protection) Bill [HL]

In deference to the question of the noble Baroness, Lady Verma, about ascertaining the wishes of the victim, it arises because of third party intervention in particular and the importance of this being victim-led and not inconsistent with the wishes of the victim, which is why it is important to do one’s best. The Minister dealt comprehensively with the position regarding children. As to adults, it is my understanding that the High Court has noted that the court can direct the Official Solicitor, if he agrees to carry out investigations to ascertain the wishes and feelings of a vulnerableadult in this jurisdiction who has capacity to marry. Mr Justice Munby in a case called Re SA (Vulnerable adult with capacity: marriage) described a vulnerable adult as, "““someone who, whether or not mentally incapacitated, and whether or not suffering from any mental illness or mental disorder, is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation, or who is deaf, blind or dumb, or who is substantially handicapped by illness, injury or congenital deformity””." The judge went on to say that the court has the power to make whatever orders and to give whatever directions are needed to ascertain the true wishes of a vulnerable adult. I understand that steps can also be taken to ascertain the wishes and feelings of a vulnerable adult who is outside the jurisdiction. I say that for completeness.