We spoke to a variety of organisations that work with women, a number of faith groups and a series of organisations that have an interest, so the consultation was comprehensive. The hon. Gentleman is right to pay tribute to my hon. Friend the Member for Keighley (Mrs. Cryer), which I intend to do later in my contribution.
It is important that victims get help to rebuild their lives and, where possible, to ensure that they have an ongoing relationship with their family. One of the reasons why many voluntary organisations were concerned about criminalisation was because it might build a wall between the victim and their family that would be impossible to breach. This Bill is part of much wider programme that involves raising awareness of the problem of forced marriage and protecting women’s rights in that area.
The forced marriage unit has produced a handbook that provides practical support to survivors. It is also part-funding a pilot survivors network to provide emotional support to those who survive forced marriage. We are undertaking a great deal of publicity, outreach and awareness-raising work in key communities, which involves speaking at around 75 events every year. There has been a national publicity campaign involving radio, TV and the national and local press.
Like the hon. Member for Shipley (Philip Davies), I pay tribute to my hon. Friend the Member for Keighley, who secured an Adjournment debate on the subject back in 1999. Since then, she has worked tirelessly to bring about changes in the legislation to offer protection to victims. I hope that this Bill and the package of work undertaken by the forced marriage unit will stop the wicked practice of forced marriage.
The Bill gives the courts a wide discretion to deal flexibly and sensitively with the circumstances of each individual case, employing civil remedies that will offer protection to victims without criminalising members of their family. The new provisions take the form of a new part 4A of the Family Law Act 1996, placing them firmly in the wider context of domestic violence and family proceedings generally. That was the wish of Lord Lester, who wanted the provisions to be part of the family law package.
The type of orders that we envisage being made under the Bill are ones prohibiting violence or requiring certain steps, such as requiring a person to surrender a passport, for as long as such measures are appropriate to protect the victim. The Bill does not define what actions would constitute force in those circumstances, but it provides that that includes coercion by threats or the use of psychological pressure. The force may not even be directed against the victim, because it can be indirectly aimed at a third party or directed against the perpetrator themselves. For example, a person attempting to force a marriage may threaten to harm a member of the victim’s family or even himself or herself should the victim not agree to go ahead with the marriage. That avoids narrow definitions of behaviour, which might be too restrictive, and gives the courts powers to offer protection to victims in a wide range of circumstances. Victims may have been subject to a variety of pressures aimed at forcing them into marrying without their free and full consent.
An important aspect of the Bill is that it enables third parties to apply for orders on behalf of victims. Many people have asked me about the point that many victims are afraid to come forward. The Bill recognises that and includes an essential provision that offers protection to women who fear making an application because of intimidation, or even because they have been imprisoned against their will. The Bill allows a ““relevant third party”” to apply for a protection order on behalf of a victim. A ““relevant third party”” is an individual or organisation that has been designated as such by the Lord Chancellor. Other third parties—individuals or groups that are not so designated—would need to obtain leave from the court before their application could be made. That provision is designed to minimise the risk of a third party abusing the process. The wishes and feelings of the victim will be a vital consideration for the courts in dealing with third-party applications.
Forced Marriage (Civil Protection) Bill [Lords]
Proceeding contribution from
Bridget Prentice
(Labour)
in the House of Commons on Tuesday, 10 July 2007.
It occurred during Debate on bills on Forced Marriage (Civil Protection) Bill [Lords].
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2006-07Chamber / Committee
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