My Lords, before I speak to Amendment 13, grouped with this amendment, I apologise for missing Second Reading as I was in South Sudan, where it was rather difficult to engage with parliamentary business here. I understand that a primary goal of the forced marriage provisions of the Bill is to increase the protection of victims of honour-based abuse while bringing perpetrators to justice. As noble Lords may be aware, this is also the primary concern of my Private Member’s Bill, the Arbitration and Mediation Services (Equality) Bill, which seeks to ensure that all citizens resident under the jurisdiction of England and Wales have equal access to the law, and to increase protection for those who suffer abuse and gender discrimination. One of the concerns underlying the
reason for that Bill could be addressed by this amendment, which would make it an offence to solemnise a marriage in England and Wales according to the rites of any religion or belief in circumstances where the marriage is not also solemnised as a legal marriage under the terms of the Marriage Act 1949 if either or both parties to the marriage wrongly believe that they are married according to the law simply because they have been through a religious ceremony.
The amendment would tackle the problem that arises in some communities where those getting married, particularly women who are not familiar with English law or the customs of this country, undergo a religious marriage without understanding that they are not married according to English law. They are therefore unaware that they are without any legal protection. I think there are parallels here with the amendment just moved by the noble Baroness, Lady Berridge.
In most cases, religious celebrants would not need to be concerned about committing the offence created by the amendment. They would not need to act any differently. Most marriages solemnised by religious celebrants are in registered buildings under the terms of the Marriage Act 1949. They are legal marriages. Under the Marriage Act 1949, a couple who have already entered into a civil marriage may go through a religious marriage ceremony after giving notice to a minister of religion, and on the production of a certificate of their marriage before the superintendent registrar.
Therefore, in circumstances when no certificate is provided, ministers of religion should already be on notice that a couple may not be married legally. In those situations when they are not sure that the parties properly understand the status of a religious ceremony, they may choose to say something about this publicly during the religious ceremony to ensure that there is no doubt, or they could choose to obtain a written declaration of understanding from the couple before proceeding with a marriage service. How they go about that procedure is a matter for them and the amendment does not seek to prescribe any particular means. What matters is that when there is some doubt as to the understanding of the parties, my amendment would effectively require celebrants to ensure that the couple they are marrying only according to religious rites are fully aware of the status of the ceremony and its implications.
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Honour-based abuse is a form of domestic violence where the perceived honour of the family or wider community is used as a justification for abuse. In an attempt to control the victim, abusers may use a particular interpretation—or misinterpretation—of religion and culture to coerce the victim. This practice is not confined to any one religious or cultural group. Over recent years, I and my colleagues have met victims of honour-based abuse. We have heard harrowing real-life stories of suffering which should not be allowed in this country today. On Second Reading of my Bill on October 2012, the noble Baroness, Lady Donaghy, pointed out that in terms of our attempts to eradicate this form of abuse we are 20 years behind our progress on general domestic violence.
Much is being done now to tackle the problem and I warmly welcome the Government’s initiatives to criminalise forced marriage. Yet I, other colleagues within this House, members of the legal profession, and several non-governmental organisations—particularly women’s organisations—believe that more can and should be done. Many vulnerable women have described how they have celebrated a religious marriage without an accompanying civil marriage, without realising the implications. If there is a subsequent breakdown of the marriage, because their marriage is not legally recognised, these women are unable to access any legal redress. Many have told me that had they known this before entering into the religious marriage, they would have ensured that a civil marriage ceremony as well as the religious ceremony was conducted. Others have described how they have faced intense pressure from those directly involved with the marriage not to accept the provisions of a legally recognised marriage but to be content with a religious marriage only.
Although many women who find themselves in such circumstances are not victims of abuse, those who do suffer abuse face particular hardship as they are likely to find that they have no choice but to remain in an abusive relationship to avoid potential destitution. Others find that the lack of an available civil remedy forces them to have the dispute resolved by members of the community who may have sympathy for the abuser or who have no understanding of how to deal with cases of domestic violence in this country.
Leaving an abusive relationship is immensely difficult for victims and the emotional strain as well the practicalities associated with the lack of any effective legal redress, including financial provision, may prevent them from so doing. Therefore, they remain in abusive relationships.
Another problem relates to the pressure often imposed by close-knit communities on individuals if they are deemed to be bringing shame on the community. Many women have explained to me how they have been intimidated about seeking help from professional personnel or other citizens outside their own community as they are told that it would defile the honour of their family or community. This pressure may involve the threat, or indeed the practice, of violence.
I must emphasise that the provisions do not interfere with the fundamental freedom of religious communities to solemnise religious marriages which are not recognised in law, provided that both parties to the marriage are aware that the religious ceremony itself does not confer any legal status. This is a probing amendment to address some of the really serious problems and suffering encountered by many women in our country today, and I look forward to some reassurance from the Minister.