Forced Marriage (Civil Protection) Bill [Lords]

Criminalisation sends out a powerful message, but the question is whether such a criminal offence would be workable. If in many cases where an attempt is made to prosecute the criminal offence becomes impossible to prove, people will start to disregard it or treat it with contempt. The merit of Lord Lester’s approach—derived from a lot of consultation and adopted by the Government—is that it maximises the possibility of people coming forward. After all, it is currently true that individuals can come forward. Somebody who has been coerced into a marriage in India, for example, and comes to this country would probably be able to secure a decree of nullity if they so wanted, as it exists today. The difficulty is that that is not happening. We cannot achieve perfection in such matters, but in so far as we can see a way forward, what is proposed in the Bill maximises the chances of a forced marriage coming to the attention of the courts and of something being done about it. I am sure that many will still slip through the net, but some will end up in prosecution. If someone is prepared to come forward and say that they were effectively kidnapped before the marriage, that may provide a powerful ability to do something about it. The other problem my hon. Friend must bear in mind is that some such marriages may have been contracted abroad. In this country, there is a wide degree of recognition of foreign marriages on the whole, even if they do not necessarily comply with our regulations. That raises a number of problems that the legislation has probably successfully addressed, as far as I can see—we shall look at the matter more closely in Committee. I do not want to take up the House’s time; there is no point in repeating what the Minister said when I agree with every word she has spoken. To return to the important point of the right hon. Member for Leicester, East (Keith Vaz), I will simply say that we know that the majority—not necessarily all—of these marriages often take place abroad. One reason for that is that any marriage in this country has to undergo the scrutiny of the registrar of marriage, or a person who has been licensed as such, who must see both parties and ascertain consent. We shall try to return to this matter in Committee—the Bill largely amends the Family Law Act 1996, so that may cause problems—but I wonder whether there should be a system of compulsory re-registration of foreign marriages when someone comes from abroad, so that the facts of the marriage and the consent of the parties can be ascertained. That would go a little further, but it might deal with some of the problems raised by the right hon. Member for Leicester, East about executive officers in consulates who give out visas and often find it difficult to be satisfied that consent has been given.