Chamber
Plenary, 04 Dec 2008
04 Dec 2008 · S3 · Plenary
Item of business
Forced Marriages
The Conservative group will support the Government motion at decision time.
There is contradictory evidence, as we have heard in the debate, about the number of cases of forced marriage, but it cannot be denied that one case is one too many, as Bashir Ahmad said, and requires us to respond. In the interests of fairness I should say that the Westminster Government has come up with a praiseworthy response to the problem.
In taking action, we should be aware that a number of difficulties might arise. There is no doubt that most allegations relate to events furth of our shores. Quite frequently, young girls have been persuaded or deceived into going to a foreign country—usually Pakistan or Bangladesh, given the evidence—where they have been forced into marriage. If, after the consultation exercise, the Government decides to legislate on the matter, there might be evidential difficulties in subsequent proceedings. However, that does not mean that we should not consider legislating.
The Home Office working group on forced marriage, which was set up a number of years ago, collected a great deal of evidence. Some is of only historical import, but some remains relevant. There is evidence that the problem, however big it is, is increasing, and it seems that unscrupulous individuals are using forced marriages to get by immigration and visa rules.
It is quite clear that no one can say that forced marriages are part of a particular group's culture or religious belief. During the Justice Committee's consideration of the Sexual Offences (Scotland) Bill, the term "free will" has generated interest and concern. It cannot be argued that the kinds of marriages that we are discussing involve even the narrowest concept of free will or are acceptable. I have been unable to find evidence of any religion, whether we are talking about Buddhism, Sikhism, Islam, Hinduism or Judaism, in which the term "free will" would not apply to a marriage. A marriage can take place only on the basis of the free will of the two parties; it must be consensual. Therefore, people who are involved in forced marriages cannot claim the protection of religious belief or cultural habit in their country of origin. That makes such marriages all the more unacceptable.
This is not a debate on violence against women, but it would be naive to suggest that violence is not an element in a great many forced marriages. Women who enter into such marriages, who are usually of tender years, can find themselves in a physically abusive relationship, and many instances of extreme violence have been catalogued.
What are the motives behind forced marriages? Sometimes they are to do with family honour or a long-standing family commitment. Sometimes the issue is controlling behaviour. A parent might not want their daughter to be with a person of whom they do not approve—many parents in quite normal circumstances have experienced those feelings from time to time, and I include myself in that category—but there is no justification for controlling behaviour that results in a forced marriage, which some people use to circumvent this country's quite proper regulations in respect of immigration and visa procedures.
Members have eloquently described the consequences of forced marriages, which can be extremely severe—physical violence, emotional pressure and deep depression and unhappiness has in many cases culminated in the suicide of the victim.
It is early days yet; the consultation process has hardly begun. I know that the Government will look closely at the results of the consultation. If it is felt that there is a need to legislate, there will be a degree of sympathy throughout Parliament for that. It is not a route that is without problems and pitfalls, but it might be the way in which we have to go in order to right a very real wrong.
There is contradictory evidence, as we have heard in the debate, about the number of cases of forced marriage, but it cannot be denied that one case is one too many, as Bashir Ahmad said, and requires us to respond. In the interests of fairness I should say that the Westminster Government has come up with a praiseworthy response to the problem.
In taking action, we should be aware that a number of difficulties might arise. There is no doubt that most allegations relate to events furth of our shores. Quite frequently, young girls have been persuaded or deceived into going to a foreign country—usually Pakistan or Bangladesh, given the evidence—where they have been forced into marriage. If, after the consultation exercise, the Government decides to legislate on the matter, there might be evidential difficulties in subsequent proceedings. However, that does not mean that we should not consider legislating.
The Home Office working group on forced marriage, which was set up a number of years ago, collected a great deal of evidence. Some is of only historical import, but some remains relevant. There is evidence that the problem, however big it is, is increasing, and it seems that unscrupulous individuals are using forced marriages to get by immigration and visa rules.
It is quite clear that no one can say that forced marriages are part of a particular group's culture or religious belief. During the Justice Committee's consideration of the Sexual Offences (Scotland) Bill, the term "free will" has generated interest and concern. It cannot be argued that the kinds of marriages that we are discussing involve even the narrowest concept of free will or are acceptable. I have been unable to find evidence of any religion, whether we are talking about Buddhism, Sikhism, Islam, Hinduism or Judaism, in which the term "free will" would not apply to a marriage. A marriage can take place only on the basis of the free will of the two parties; it must be consensual. Therefore, people who are involved in forced marriages cannot claim the protection of religious belief or cultural habit in their country of origin. That makes such marriages all the more unacceptable.
This is not a debate on violence against women, but it would be naive to suggest that violence is not an element in a great many forced marriages. Women who enter into such marriages, who are usually of tender years, can find themselves in a physically abusive relationship, and many instances of extreme violence have been catalogued.
What are the motives behind forced marriages? Sometimes they are to do with family honour or a long-standing family commitment. Sometimes the issue is controlling behaviour. A parent might not want their daughter to be with a person of whom they do not approve—many parents in quite normal circumstances have experienced those feelings from time to time, and I include myself in that category—but there is no justification for controlling behaviour that results in a forced marriage, which some people use to circumvent this country's quite proper regulations in respect of immigration and visa procedures.
Members have eloquently described the consequences of forced marriages, which can be extremely severe—physical violence, emotional pressure and deep depression and unhappiness has in many cases culminated in the suicide of the victim.
It is early days yet; the consultation process has hardly begun. I know that the Government will look closely at the results of the consultation. If it is felt that there is a need to legislate, there will be a degree of sympathy throughout Parliament for that. It is not a route that is without problems and pitfalls, but it might be the way in which we have to go in order to right a very real wrong.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S3M-3011, in the name of Stewart Maxwell, on forced marriages.
The Minister for Communities and Sport (Stewart Maxwell):
SNP
In debating the issues that affect our country, it is not often that we approach a subject with consensus in the chamber. I thank all the parties and their s...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
Presiding Officer, please use your power to take some time away from my summing-up speech if that will help you to juggle times later on and means that you w...
Jamie McGrigor (Highlands and Islands) (Con):
Con
Does the member acknowledge that 38 per cent of the victims in forced marriages are male?
Johann Lamont:
Lab
I absolutely accept that forced marriage is an issue that is not simply for women—although, because of defined roles in communities, it affects more women th...
The Deputy Presiding Officer:
Lab
I remind members to ensure that their mobile phones and BlackBerrys are switched off.
Jamie McGrigor (Highlands and Islands) (Con):
Con
I apologise to Johann Lamont. The figure of 38 per cent that I cited for male victims was incorrect—the true figure is 15 per cent, which is still highly sig...
Hugh O'Donnell (Central Scotland) (LD):
LD
I am grateful for the opportunity to speak in the debate and to put forward the Liberal Democrats' thoughts on forced marriage. We welcome the opportunity th...
Stewart Maxwell:
SNP
Does Hugh O'Donnell remember that?
Hugh O'Donnell:
LD
No, I do not.Huge cultural pressure can be placed on young people. Prior to being elected to the Parliament, I had first-hand experience of that, as I have h...
Bashir Ahmad (Glasgow) (SNP):
SNP
I welcome today's debate on an extremely serious and important issue. The term "forced marriages" is used a lot by the media, politicians and community organ...
Cathie Craigie (Cumbernauld and Kilsyth) (Lab):
Lab
As we know, there is no offence of forced marriage in Scotland. Civil and criminal law in Scotland offers some protection to victims who are forced to marry ...
John Lamont (Roxburgh and Berwickshire) (Con):
Con
Although forced marriage is thankfully very rare in Britain and in Scotland, it can have a devastating effect on its victims. I therefore welcome the debate,...
Stewart Maxwell:
SNP
I acknowledge what the member says; he is quite correct in what he says about the law as it stands. However, does he accept that what he has just explained c...
John Lamont:
Con
I agree with the minister entirely. I have set out what Scots law currently allows for. We are trying to prevent forced marriages, rather than deal with them...
Hugh O’Donnell:
LD
Will the member confirm that David Cameron initially proposed criminalising—in a non-civil way—forced marriage when the UK bill was introduced in 2006?
John Lamont:
Con
I am not aware of that proposal. My understanding is that we as a party supported the bill when it went through the Westminster Parliament. The Scottish Cons...
Christine Grahame (South of Scotland) (SNP):
SNP
At this stage in the debate, it is inevitable that much has already been said. I might occasionally tread where others have been and repeat what they have sa...
Johann Lamont:
Lab
As far as I understand it, one of the big differences is that, in other parts of the United Kingdom, a third party can apply for an order. That is particular...
Christine Grahame:
SNP
That is a very fair point, which I hope will be developed by the minister. Johann Lamont might have caught me on that point, but that is fine—it is what a de...
Marlyn Glen (North East Scotland) (Lab):
Lab
We have heard some details about what forced marriages are, and we recognise the differences between a forced, or coerced, marriage and an arranged marriage ...
Cathy Peattie (Falkirk East) (Lab):
Lab
I appreciate the opportunity to speak.On 25 November, new laws came into force in the rest of the UK to prevent forced marriages and to protect those who hav...
Margaret Smith (Edinburgh West) (LD):
LD
This has been an important debate about a sensitive issue. Bashir Ahmad was right to say that one forced marriage is one too many.I thank all those who have ...
Bill Aitken (Glasgow) (Con):
Con
The Conservative group will support the Government motion at decision time.There is contradictory evidence, as we have heard in the debate, about the number ...
Johann Lamont:
Lab
It is a reflection on how far we have come that there is consensus that this matter is serious and appropriate for public debate and political action. We hav...
The Minister for Community Safety (Fergus Ewing):
SNP
I welcome this afternoon's wide-ranging debate, and the cross-party support and commitment to eradicating forced marriage and other forms of honour-based vio...
Johann Lamont:
Lab
Does the minister agree that there is a difference between giving people certainty that something will happen, and expecting people to make it happen? There ...
Fergus Ewing:
SNP
There is a difference between the two prospects, but I certainly do not accept that the issue has been in any way deprioritised, nor do I accept that any cou...