Chamber
Meeting of the Parliament 22 January 2014
22 Jan 2014 · S4 · Meeting of the Parliament
Item of business
Anti-social Behaviour, Crime and Policing Bill
The Justice Committee report on the Anti-social Behaviour, Crime and Policing Bill legislative consent memorandum did not make a recommendation on the provisions on forced marriage that are contained in the LCM. I will outline the background to that.
After in-depth consideration, the Scottish Parliament took the decision not to criminalise forced marriage. It did so after receiving evidence that criminalising forced marriage could drive the problem further underground, as victims would be less likely to come forward if the consequence of doing so would be a criminal record for their family.
Instead, the Parliament introduced its own legislation in 2011. It considered that the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 struck the right balance. Instead of criminalising the act itself, a civil remedy was introduced that allowed individuals or authorities to apply for forced marriage prevention orders. Crucially, only at the point at which a breach of such an order occurred would the matter become a criminal offence.
The Anti-social Behaviour, Crime and Policing Bill introduces a new criminal offence of using violence, threats or any other form of coercion for the purpose of causing another person to enter into marriage without their free and full consent. Therefore, forced marriage is to become a criminal offence that will carry a custodial sentence of up to seven years.
The Scottish Government’s position is that criminalisation is necessary for the Istanbul convention, to which the UK is signed up, to be ratified. However, the committee heard conflicting evidence on whether the criminalisation of the act was necessary. In addition, the Scottish Government’s decision to ask for an LCM seems to be heavily based on the need to conform with the convention. In other words, there is some dubiety about whether it is necessary to agree to the LCM forced marriage provisions to comply with the convention.
The main issue is the fact that no Scottish consultation has been carried out. Instead, the consultation that was carried out was conducted in other parts of the UK, and it has been relied on. It showed that a significant minority were opposed to criminalisation. The consideration of the issue has been hurried. Apart from the committee’s brief evidence session, stakeholders in Scotland have not been given the opportunity to comment on the forced marriage provisions in the LCM. Therefore, the fact that the situation north of the border is different from that in the rest of the UK, as regards the likely prevalence of the issue and the make-up of the communities in which it exists, does not appear to have been fully considered.
In those circumstances, it has been mooted that the forced marriage element should be withdrawn from the LCM and that some additional time and effort should be given to exploring the possibility of a Scottish solution. The committee was content with the other two provisions in the LCM. If a Justice Committee amendment that set out the position had been lodged, it would have helped to clarify the issue. However, I look forward to hearing other members’ comments during the course of the debate.
After in-depth consideration, the Scottish Parliament took the decision not to criminalise forced marriage. It did so after receiving evidence that criminalising forced marriage could drive the problem further underground, as victims would be less likely to come forward if the consequence of doing so would be a criminal record for their family.
Instead, the Parliament introduced its own legislation in 2011. It considered that the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 struck the right balance. Instead of criminalising the act itself, a civil remedy was introduced that allowed individuals or authorities to apply for forced marriage prevention orders. Crucially, only at the point at which a breach of such an order occurred would the matter become a criminal offence.
The Anti-social Behaviour, Crime and Policing Bill introduces a new criminal offence of using violence, threats or any other form of coercion for the purpose of causing another person to enter into marriage without their free and full consent. Therefore, forced marriage is to become a criminal offence that will carry a custodial sentence of up to seven years.
The Scottish Government’s position is that criminalisation is necessary for the Istanbul convention, to which the UK is signed up, to be ratified. However, the committee heard conflicting evidence on whether the criminalisation of the act was necessary. In addition, the Scottish Government’s decision to ask for an LCM seems to be heavily based on the need to conform with the convention. In other words, there is some dubiety about whether it is necessary to agree to the LCM forced marriage provisions to comply with the convention.
The main issue is the fact that no Scottish consultation has been carried out. Instead, the consultation that was carried out was conducted in other parts of the UK, and it has been relied on. It showed that a significant minority were opposed to criminalisation. The consideration of the issue has been hurried. Apart from the committee’s brief evidence session, stakeholders in Scotland have not been given the opportunity to comment on the forced marriage provisions in the LCM. Therefore, the fact that the situation north of the border is different from that in the rest of the UK, as regards the likely prevalence of the issue and the make-up of the communities in which it exists, does not appear to have been fully considered.
In those circumstances, it has been mooted that the forced marriage element should be withdrawn from the LCM and that some additional time and effort should be given to exploring the possibility of a Scottish solution. The committee was content with the other two provisions in the LCM. If a Justice Committee amendment that set out the position had been lodged, it would have helped to clarify the issue. However, I look forward to hearing other members’ comments during the course of the debate.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-08797, in the name of Shona Robison, on the Anti-social Behaviour, Crime and Policing Bill, which is Unit...
The Minister for Commonwealth Games and Sport (Shona Robison)
SNP
Forced marriage is, thankfully, not an issue that affects the majority of people in Scotland. However, it is a blight on those communities where it still hap...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
Is it not the case that the UK Government has signed but not ratified the convention, and that it becomes legally binding only when ratified? If the minister...
Shona Robison
SNP
We are clear that, in order to ratify the convention, forced marriage requires to become a criminal offence. The Istanbul convention was, in effect, a game c...
Elaine Murray (Dumfriesshire) (Lab)
Lab
Only one part of the legislative consent memorandum is contentious and that is the proposals on forced marriage.In starting, I think that it is important to ...
The Deputy Presiding Officer
Con
Thank you for your brevity.17:15
Margaret Mitchell (Central Scotland) (Con)
Con
The Justice Committee report on the Anti-social Behaviour, Crime and Policing Bill legislative consent memorandum did not make a recommendation on the provis...
The Deputy Presiding Officer
Con
We move to the open debate. If members could speak for not too long, that would be helpful.17:18
Sandra White (Glasgow Kelvin) (SNP)
SNP
Thank you, Presiding Officer. I will try to keep my speech as short as possible.As a member of the Justice Committee, to which consideration of the LCM fell,...
John Pentland (Motherwell and Wishaw) (Lab)
Lab
The LCM’s proposals on forced marriage proved very contentious. The shortcomings of the process were such that the committee decided not to recommend support...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
The Justice Committee requested time for the debate, and I thank the Parliamentary Bureau for allowing us to have it. All members of the committee were conce...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
In 2005, I introduced a consultation on forced marriage and listened to the views of violence against women organisations, such as Scottish Women’s Aid, Hema...
The Deputy Presiding Officer
Con
We move to the closing speeches. I call Margaret Mitchell—four minutes, please.17:30
Margaret Mitchell
Con
This debate, which is an unusual one, was triggered by the Justice Committee’s decision not to make a recommendation on the inclusion of forced marriage with...
Elaine Murray
Lab
A number of important points have been brought out in this very brief debate. Sandra White made the point about the need to treat forced marriage as we do ot...
Shona Robison
SNP
I thank everyone for their contributions to the debate. Although we might not all agree on the details, I have a strong feeling of the commitment that member...
Margaret Mitchell
Con
The point is that there is time, especially given the information that Malcolm Chisholm supplied, to look again and see whether a Scottish solution can be fo...
Shona Robison
SNP
I find that comment slightly ironic, given the UK Government’s clear position. As for Malcolm Chisholm’s point about ratification, the UK cannot ratify the c...
Malcolm Chisholm
Lab
There is disagreement on the legal advice, because that is not the legal advice that Scottish Women’s Aid has received. However, if the minister takes that v...
Shona Robison
SNP
We are looking at forced marriage today. We are clear that, to ratify the convention, we require to criminalise forced marriage. The other articles are anoth...