UK Parliament / Open data

Forced Marriage (Civil Protection) Bill [Lords]

I take the hon. Lady’s point. Indeed, in a sense she has put her finger on the issue, which is that at some stage we shall need a little more definition of the type of person who can make a application. The hon. Lady may agree with me that it might not be appropriate for a family friend or acquaintance to be permitted to make such an application, and that therefore limitations may be necessary. I have pointed out that a court can make any order that it wishes. I feel that at some point we shall have to discover the likely terms of an order. There is a direct parallel with the legislation on antisocial behaviour orders, which also gave courts power to make whatever orders they wished. As a result, courts all over the country made absurd orders whose terms were so wide as to make them totally unenforceable—for example, ““The defendant shall not enter the City of London”” or ““The defendant shall not commit a crime””. Only case law tightened up the definition of what should be in an ASBO. It now appears that anything can go into a forced marriage protection order. It would be helpful if the Government could give us some idea of what might go into such orders, how wide they might be, and what might be seen as going a step too far. The provisions on arrest also have powerful implications. A constable may arrest someone who is in breach of an order, but under new section 63J"““An interested party may apply to the relevant judge for the issue of a warrant for the arrest of a person””." An interested person is defined as"““(a) the person being protected by the order””" —so far, so good—"““(b) (if a different person) the person who applied for the order”” " —so far, so good—or"““(c) any other person””." That provision too is very wide, and we may have to have a look at it in Committee. I think that the Bill is right to provide for a person who is arrested to be brought to court very quickly, but I ask the Minister to confirm that the judge will refer to section 5(1) (a), (b), (c) and (d) of the Bail Act 1976 when considering the granting of bail. Will securities, sureties or other conditions similar to those imposed under that Act be imposed in these circumstances? I think we all want a society in which people can live without fear, force or coercion of any kind. I hope to goodness that the Bill will prove slightly helpful in the long run, but I remain worried because whatever else happens—even if the Bill sails into law—we will depend on the victim coming forward, or on someone coming forward on the victim’s behalf. We need to make life straightforward enough to give people the feeling that however badly they have been treated they can come forward, obtain protection and be looked after properly. I wish the Bill well. Let me end by repeating what I said earlier. Woking is a strong community. We are aware of this issue, but there is no evidence of there being a great problem in Woking. That bears testimony to the quality and strength of its advice bodies and local councillors.

About this proceeding contribution

Reference

462 c1402-3 

Session

2006-07

Chamber / Committee

House of Commons chamber
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