My Lords, although this is in form my Bill, a Private Member’s Bill, I am glad to say that in substance it has become not my property but that of the House and is really a Ministry of Justice Bill. It has been very much improved. I want to try to explain the welcome shift that these amendments make. In the original design of the Bill, I envisaged some new civil wrong, or tort, with a right to claim compensation under a new head. I was persuaded that that was wrong and that it was more sensible to have a Bill that was preventative and not one that provided for new money claims. The object is preventative or prophylactic, so it is important to spread the definition of who may be caught by the Bill widely, so that the courts, in their flexible jurisdiction, can deal with them.
In the Spycatcher case, the courts were concerned about the effect on third parties, especially the media, in relation to injunctions, and they began to develop a wider notion of contempt of court. It is very important that that not be left vague in this Bill. Legal certainty should apply and everyone should know that they are subject to the jurisdiction of the county courts as well as the High Court. It is why I very much welcome that this is being spelled out clearly as a signal to everyone who might be involved in the deeply antisocial practices involved in forcing marriages.
I echo what the noble Baroness, Lady Verma, said in welcoming the fact that judges have been consulted about this. I pay tribute to Sir Mark Potter, the president of the Family Division, and to Mr Justice Munby and Mr Justice Singer, who have particular experience. I welcome the consultation with the Family Law Practitioners’ Association. As a Back-Bencher, my ““attorney-general”” on this Bill has been Sapnara Khatun, who I am glad to see present today. She is a very experienced practitioner who has given advice throughout. I support these amendments, based on her assurance that they make sense.
Forced Marriage (Civil Protection) Bill [HL]
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Wednesday, 13 June 2007.
It occurred during Debate on bills on Forced Marriage (Civil Protection) Bill [HL].
About this proceeding contribution
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2006-07Chamber / Committee
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