Forced Marriage (Civil Protection) Bill [HL]

The noble Baroness, Lady Verma, asked about adequate protection and what that would mean. We have deliberately left that for the courts to decide. They have to look at the circumstances. One of the big questions we discussed with a number of organisations and individuals was about making sure that flexibility was available for the court to take the particular circumstances into account. In other words, what is the definition of ““force””, how do people behave, and what force is used? The courts can then take account of all the circumstances and say, ““We believe that in this set of circumstances in this particular case, adequate protection is available””. That is the way in which we should approach it, rather than seeking to define it. Those members of the judiciary who have been involved with these cases are well versed in what they are looking at and for. They will be involved in making sure that we pass on the training, advice and guidance, and, indeed, how we involve other members of the judiciary. But I think we are right to leave it with that flexibility. The noble Baroness, Lady Verma, asked me about special liaison officers and so on. I think that I have already indicated in my earlier speech that we want to incorporate part of this into existing domestic violence provisions in the national strategy. Domestic violence provisions will be put in place locally where liaison officers are available. That will be incorporated into their work. There is not a plan to have a separate group. I have given as much information on costings as I can at this stage. As the noble Baroness will know, we are required to give an initial regulatory impact assessment by the Better Regulation Executive in the Cabinet Office. She will also know that we continue to work on it; it is not the final version. It is the version that we have been able to produce at this stage. It continues to be updated and the figures refined ahead of implementation of the Bill, and of course we make sure that Parliament is informed of the changes made. We are working with each other on the different elements of the Bill to get the best possible information, including on costs. It is not that we have been lax or have not taken this matter seriously; but it is ultimately an area where we have to make assumptions. It is critical to make the best assumptions that we can and to be prepared to refine them. Hence, it is part of the national domestic violence policy to look at the costs for the individual cases and at judicial training and so on. I would not like to second guess what the Judicial Studies Board will want to say about the level of training it wants to put in place at this stage. It is for it to tell me. The noble Lord, Lord Lester, is right that enforcement abroad was raised with me at Second Reading by the noble Lord, Lord Taylor of Holbeach. Noble Lords know that, because we have discussed it before, we have the European Union regulations, international conventions and the 1980 Hague child abduction convention, which has already been referred to. We seek enforcement of decisions across national borders. We also seek enforcement through both codified and informal judicial legal co-operation through the Foreign and Commonwealth Office. Lord Justice Thorpe, the deputy president of the Family Division, spends an enormous amount of time looking at judicial co-operation and helping me with my work in making sure that we have the right level of co-operation between the judiciary and the Governments. The second way in which we deal with this is through protocols between the UK and Pakistan, for example, where liaison judges in both countries seek to communicate with each other on child abduction cases, ensuring that each is aware of the court orders in the other’s country. It has been extremely valuable, and has helped to ensure the return of abducted children from Pakistan to the UK. I had the privilege of meeting, in the Foreign and Commonwealth Office, those involved with child abduction cases. We continue to liaise and work closely with other countries where we can.