UK Parliament / Open data

Forced Marriage (Civil Protection) Bill [HL]

My Lords, I echo what the noble Lord, Lord Lester of Herne Hill, said about Sapnara Khatun, who has done noble work in relation to this Bill, and with whom I also have been in frequent contact. This series of amendments, accepted by the Government, is exactly what is needed. It shows a very useful co-operation between the High Court judiciary and those in Parliament wishing to get the best out of a Bill. This degree of co-operation is enormously valuable. These amendments widen the scope of the Bill and will meet a need. If anyone has any concern that someone who is not entirely aware of a particular order might be found guilty of contempt of court, they can be utterly assured—I declare an interest as a former judge—that a judge will not find anybody guilty of contempt, or send anybody to prison, unless the criminal standard of proof has been reached. If a third party is caught by an order and can show that they really did not know, or there is the possibility that they did not know, I do not think the force of the Contempt of Court Act would apply. But it is an excellent series of amendments. Finally, should this be a criminal rather than a civil matter? I had thought at one stage that it should be criminal. I was persuaded by the noble Lord, Lord Lester of Herne Hill, that it should not. Having heard the Black Sisters of Southall, it became obvious that it should not. If it is to gain widespread support, it is better to be a civil matter; it is better for the victims. But it does not mean that the criminal law does not apply. If a girl is kept prisoner in her room, or she is intimidated, or she is assaulted, or a number of other acts are performed that are capable of being treated as part of offences against the law, the criminal law will intervene. Nowadays, the police are well aware of the seriousness of honour killings—there was the Kurd case yesterday, as mentioned by the noble Lord, Lord Lester of Herne Hill—and I know that they are anxious to co-operate. Consequently, I have very little doubt that the rigour of the criminal law will be applied to any case in which the victim is prepared to take part. But, again, as the noble Lord, Lord Lester, said, it is rare for a victim to wish to have her family sent to prison. What she wants is not to be forced into a marriage against her will. That is what the Bill is aiming to do, and I unreservedly support the amendments.

About this proceeding contribution

Reference

692 c1758-9 

Session

2006-07

Chamber / Committee

House of Lords chamber
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