Forced Marriage (Civil Protection) Bill [Lords]

The issue of forced marriage can affect anyone. I was privileged to be present at the commemoration of the first anniversary of the forced marriage unit when Baroness Scotland of Asthal reminded us:"““Forced marriage affects children, teenagers and adults from all races and religions, including Christians, Hindus, Jews, Muslims and Sikhs. And it is not solely an issue facing Asian communities.””" However, I am shocked that each year the FMU deals with 5,000 inquiries and takes on some 250 to 300 cases, largely relating to people of south Asian descent. We must be robust in tackling this abuse of human rights. Many Members have referred to forced marriage in that context. I am proud of the Government’s record on legislating on human rights and I wish to remind Members of specific commitments in international human rights instruments that refer to this issue. Article 16 of the universal declaration of human rights states:"““Marriage shall be entered into only with the free and full consent of the intending spouses.””" Article 19 of the United Nations convention on the rights of the child declares:"““States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.””" Tragically, forced marriage affects a number of children every year. Unlike some Members, I welcome the decision not to make this a criminal offence. Lord Lester has deployed his legal skills in his usual imaginative and powerful way. Making this a civil offence empowers the victim. In civil cases, the victim has control over the legal proceedings. I have worked too often with victims in criminal proceedings who have felt pushed out as the Crown Prosecution Service takes over the case. In such circumstances, the victim’s worries and concerns—which in cases such as forced marriage are often complex—can be ignored. Making this a civil offence will empower some victims of forced marriage, just as some victims of domestic violence are empowered by the injunction procedure. It will give the victim more control over the system, which is welcome. It also recognises a brutal reality. In forced marriage cases, the family is often both the oppressor and, at some point, the supporter. Families are complicated. A person’s family can wickedly bully and harass them into a marriage that they do not feel is right for them, but at a later point that person might think, ““I want my mum.”” Making this a civil wrong recognises some of the complexities in family relationships. All Members agree on the issue and I want to remind Members of our record when we all agree. We should think about what happened in respect of the Child Support Agency and the dangerous dogs legislation. It is risky when we all agree. That is especially true of this Bill and I want to alert Ministers and other colleagues to that. It started as a private Member’s Bill and, although we have consulted on whether we should legislate to criminalise forced marriage—and decided not to—this Bill has not been widely consulted on. Because of the nature of the offence that we are trying to address, we need alliances if we are to enforce our ambition effectively. If people are not signed up, on board, engaged or have not been enabled to use their imagination about how to fix the situation, there is a risk that we could end up with a great piece of legislation that does not work. We have, for example, legislation against genital mutilation that has never been deployed. There is a job to be done in reaching out to people beyond the confines of this place. When I was speaking in my constituency about this Bill, a Sikh woman, who is a member of Slough borough council and a respected member of her community, asked me, ““Who have you talked to about this, Fiona?”” I mentioned conversations with Southall Black Sisters and others who are enthusiastic about the Bill. I could tell from her contribution that she was anxious that if the Bill was not well constructed, it could inflame the sort of arguments that happen in families and be used as a tool in family disputes to batter each other. There is a risk of that and we need to avoid it. The best way to do so is by engaging with the communities that know best how their families operate about the sensible ways to avoid it and how to engage the resourcefulness of those communities to make a difference. I feel strongly that during the summer we need to consult as widely as possible with all sorts of people. As I suggested when I intervened on the hon. Member for Woking (Mr. Malins), I fear that sometimes we can be a bit smug. We all say that we are against forced marriage, but my hon. Friend the Member for Keighley (Mrs. Cryer) has dealt with more cases of forced marriage than any other Member. We have to stop and ask why that is so. Is it because Keighley is a hotbed of forced marriage? Is it more prevalent there than in Slough? Or is it because victims of forced marriage in my hon. Friend’s constituency know that she is on their side? It is like wearing a red ribbon. She is on their side and she has stood up in mosques and in front of big, nasty bullies who say, ““Oh, that is not a problem round here.”” She has stuck up for victims. It behoves all of us not to be complacent, but to stick up for victims and engage with all the communities that might be affected by or interested in this Bill. We should ask them what they can do that would make a difference. We all know that legislation does make a difference. It creates an important framework of values that can change people’s behaviour. For example, the establishment of the forced marriage unit and the clear lead from this Government on the issue have meant that many religious leaders have said that there is no place for forced marriage in their community and that they oppose it. They are very good at saying that, but slightly less good at acting on those commitments. We need to recognise that legislation has an important role to play, but we need to do more than just pass this Bill. We need to reach beyond it. Some community leaders who make such statements do not notice the distress of someone who is trying to engage them. They try to pretend that the marriage is not quite false—““It is an arranged marriage with a bit of difficulty”” they say, ““because she is having a slightly hysterical moment. That’s what happens to teenagers, isn’t it?”” I have heard and barged into such conversations. We need to engage with people on that. I have seen schools turn a blind eye to young women who have spent a lot of time off-roll. They have not bothered to find out what has happened to them when they have gone back to Pakistan, for example. In creating a sort of cultural tolerance, that we have sometimes winked at, or not had the determination to march towards things that should give us pause. We have not challenged habits and practices that, while not being the sort of forced marriages that would be subject to action under the Bill, are on the boundaries of it. We all have a duty to act on that. Hon. Members have talked about imaginative solutions. If we pass the Bill, we can deliver some of those. A convent of nuns in my constituency—sadly, they have moved to the constituency of my hon. Friend the Member for Stroud (Mr. Drew)—ran a school that had a place of retreat. I remember Sister Mary Stephen telling me that a young Muslim woman, seeing a female community of people who valued their faith, came to her to see if they could help her in moments of stress. It was striking that that woman wanted to reach outside her community to find like souls, who had some authority and who could provide some refuge for her, because she was fearful. We need to examine whether there are imaginative ways of creating refuge and space for women. First, however, we should give women power over their lives, and this Bill is one of the ways to do that. We can do other things, and I hope that by passing the Bill we can change the habits of Government Departments, which disempower women in such circumstances. As my hon. Friend the Member for Luton, South (Margaret Moran) pointed out, there are women who have been tricked into marriage, or bullied into signing off the settlement of their husbands, who then perhaps disappear to reunite with wife No. 1, whom wife No. 2 did not know about. The fact that the Home Office says, ““It is no business of yours now”” is offensive and disempowering for women. We need to think of new ways to solve such problems without interfering with the privacy rights of men and women in such circumstances. I cannot find adequate words to describe the rage and distress of young people who have been tricked or forced into marriage. It is overwhelming and absolutely disabling for them. It is profoundly disempowering. I hope that the Bill will help to remedy that by giving them power in such circumstances. It is in a long tradition of legislation on human rights. We have an opportunity during the summer to ensure that the sort of consultation that I have talked about is delivered. We have a fantastic track record on families and marriage, and this Bill will be one example of it. I was therefore enraged today to hear Conservative Members saying that my party does not care about families and marriage. [Interruption.] I am sure that the hon. Member for Beaconsfield (Mr. Grieve), who is my neighbour and for whom I have a great deal of respect, has not made such comments; I heard those comments on the radio today, however, in relation to tax allowances being shared between husbands and wives. Actually, the Government have a great record on human rights, families and children and on enabling families to cope in the circumstances they face. The Bill has support across the piece. All Members who have spoken stressed that it is supported by the three parties represented in the Chamber. This is a great opportunity, but we need to make sure that such widespread support does not slide into complacency about the detail of the legislation and how we actually deliver refuge and support for women. We need good practice in every Department—whether on regulations for the courts about witnesses with learning difficulties, the treatment of women by the immigration service or the advice that police and schools are given about women who are at risk. The forced marriage unit sends out advice on such things, but it is often put at the bottom of the pile. The Bill gives us the chance to bring it to the top of the pile and to make sure that it is absolutely what is required in practice. It will allow us to the change the lives of disempowered young women and men who have been forced into marriage against their will.