Forced Marriage (Civil Protection) Bill [HL]

moved Amendment No. 6: 6: After Clause 1, insert the following new Clause— ““Protection against forced marriage: Northern Ireland Schedule (Protection against forced marriage: Northern Ireland) (protection against forced marriage: Northern Ireland) has effect.”” The noble Baroness said: I also speak to Amendment No. 11. The amendment inserts a new clause and schedule into the Bill, providing parallel provision for Northern Ireland. As the aim of the clause and schedule is to replicate provisions for Northern Ireland, I will be brief, except in the areas where the drafting may differ somewhat. The Secretary of State for Northern Ireland, the right honourable Peter Hain, sought inclusion of Northern Ireland in the Bill, as he considers it important that potential victims in Northern Ireland receive the same level of protection as others in the United Kingdom. As noble Lords will be aware, the Northern Ireland Assembly has been reinstated at Stormont from 8 May, which I am sure noble Lords will agree is a most happy development for Northern Ireland. The subjects of the amendment are of course transferred matters under the Northern Ireland Act 1998, and therefore within the competence of the Northern Ireland Assembly. The Minister for Finance and Personnel in Northern Ireland, Mr Peter Robinson, MLA, has indicated that he is content that I move these amendments today, as he wishes to see the protections provided by the Bill available to the people of Northern Ireland. Noble Lords will no doubt be aware that there exists a convention that Westminster will not normally legislate on devolved matters except with the agreement of the devolved legislature. Due to timings, it has not been possible to seek that formal agreement prior to today, but the Northern Ireland Executive Committee will consider the inclusion of Northern Ireland in the Bill on 24 May, and the Northern Ireland Assembly will debate the same on 11 June. It may seem unusual to proceed with the inclusion of Northern Ireland before the agreements have been reached but, as I have indicated, the Minister for Finance and Personnel in Northern Ireland is anxious that the inclusion of Northern Ireland in the Bill does not delay the Westminster parliamentary timetable. I am therefore delighted to move these amendments today, so that the people of Northern Ireland can be afforded the rights which the Bill will confer. Turning briefly to the areas in which Northern Ireland drafting may differ from that of England and Wales, in paragraph 4 of the schedule the wording is slightly different to new Section 63D of the main amendment, as it follows the wording of the Family Homes and Domestic Violence (Northern Ireland) Order 1998, as amended by the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. That reflects the decision of Higgins J in the case of Re Sloane in 2001, which identified the need to clarify that a date for a full hearing should be specified at the ex parte hearing. There is no equivalent of new Section 63E in the schedule relating to Northern Ireland because there is no statutory provision for undertakings in respect of domestic violence in the Family Homes and Domestic Violence (Northern Ireland) Order 1998. It was considered that the same approach should be used for forced marriage protection orders as already existed for domestic violence in Northern Ireland. Paragraph 7 of the schedule creates an offence for breaching a forced marriage protection order. Based on the penalty contained in the Family Homes and Domestic Violence (Northern Ireland) Order 1998 for breaching a non-molestation order or combined non-molestation order and occupation order, a person who contravenes a forced marriage protection order without reasonable excuse is liable on summary conviction to a fine not exceeding £5,000 and/or a term of imprisonment of up to six months. This offence is intended to be an alternative to contempt proceedings, not to punish behaviour which may result in a forced protection order being sought. I beg to move.