Forced Marriage (Civil Protection) Bill [Lords]

I agree entirely with my right hon. Friend, who makes a very valid, and crucial, point. Legislation is only a part of the whole. Education and consultation of the communities involved is important; they must be brought on board. That is of paramount importance. Forced marriage is defined as the union of two persons, at least one of whom has not given their free and full consent to the marriage. Arranged marriage, by contrast, is typified by the intervention of someone outside the future couple—usually the parents of the future spouses or a broker. However, the ultimate choice of accepting the arrangement rests with each of the future spouses. It can, of course, be difficult to ascertain how far it is possible for them to choose and make up their minds in a properly informed manner because the family environment can be so powerful that choice is induced by upbringing or deference to custom. Forced marriage is chiefly characterised by the absence of consent. In other words, one future spouse, or both, do not have the choice of opting out because the family resorts to coercive methods, such as emotional blackmail, physical duress, violence or even abduction, confinement and confiscation of official papers, such as passports. For practical purposes, the future spouses have no possibility of choosing whether or not to marry. Forced marriage, when consummated—as it is in the vast majority of cases—is primarily an act of rape. The young bride does not have the freedom to accept or refuse sexual relations or to exercise her reproductive rights. She must submit. Indeed, a catalogue of elementary and fundamental rights are simply trampled underfoot. Deprivation of happiness and infliction of violence upon them are often the victims’ daily lot. Forced marriage is a modern-day form of slavery. From ““rape”” to ““wrongful seclusion””, no terms are strong enough to condemn those repeated violations of human rights. The issue of forced marriage hinges on the delicate balance between respect for cultural diversity and respect for human rights. The Government now have an active duty to enforce human rights in this country. Appropriate legislation is necessary but, unfortunately, it is not sufficient to end those undesirable situations. We must also make significant other efforts to guard against such marriages. In that context—for once, I find myself in slight agreement with Conservative Members—I ask the Government to consider seriously raising the age at which a young person can sponsor a potential spouse to come and live in Britain not to 21 but to 23. That would allow vulnerable youngsters time to receive a full education and mature into young adults. It would make it easier for forced marriages to be prevented, detected and annulled. The Bill’s central purpose is to provide protection to those at risk of forced marriage and recourse for those who have already been forced into such a marriage. I hope that it will help facilitate the annulment of forced marriages, and perhaps lead even to their automatic annulment. Perhaps the Under-Secretary can tell us whether there will be a time scale for courts to investigate and rule on an application for annulment of a forced marriage. Naturally, the Bill does not prohibit arranged marriages, when genuine consent exists on both sides. Will the Government therefore expand age-appropriate prevention campaigns, perhaps building on the wonderful MissDorothy.co.uk website, to ensure that young people know the difference between forced and arranged marriages? Such campaigns could inform them of their rights, especially the right to make up one’s own mind about marriage and the right to choose one’s future partner. It could also inform persons under threat of forced marriage of the practical steps that can be taken to forestall such a marriage, such as placing one’s passport in safe keeping or lodging a complaint, for example, of theft of papers, in the event of confiscation. I would have preferred forced marriage to be made a criminal offence because that would enable the police and social services to intervene more readily in forced marriage and its connection to honour-based violence, which is an increasing menace in this country. However, I am delighted that the Government are supporting the Bill, which will provide some protection to those at risk of forced marriage and recourse for those who have already been forced into such a marriage. The Bill will change the law to enable courts to order injunctions to prevent forced marriages and in some cases, to attach powers of arrest if those orders are breached. If used properly, it will become a powerful and useful new tool for those who try to protect the victims of forced marriage. Forced marriage is an abuse of fundamental human rights. The Bill sends out a clear message that it involves serious wrongdoing and that we will not tolerate it. The Bill creates a civil wrong of forced marriage. I accept that it is a serious attempt to provide suitable remedies for victims and I respect the conclusion of the recent Government consultation that a new criminal offence would not be helpful. The Bill is in keeping with international human rights standards, including: the convention on the elimination of all forms of discrimination against women—CEDAW; the UN convention on consent to marriage; the minimum age for marriage; the registration of marriages, and many other treaties to which the UK is a party. I believe that primary legislation using civil remedies will contribute towards changing public opinion, perception and practice, and will have a strong deterrent effect. It will help victims defend themselves against forced marriage. It will empower young people with more tools to negotiate with their parents. In some cases, it will help parents who face pressure from their relatives. It will provide a victim-centred remedy, allowing victims to retain control over the process. The Bill acknowledges the increasing and inhumane practice of forced marriage and its devastating impact on the lives of many young women and some young men. Forced marriage is a culturally sensitive issue, but cultural practices should be sacrosanct only when they do not militate against human rights. Nothing is more important than an individual’s basic human rights. We must ensure that the measure is only the beginning of the process of making forced marriage socially unacceptable as well as illegal.