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Plenary, 04 Dec 2008

04 Dec 2008 · S3 · Plenary

Item of business

Forced Marriages

Ewing, Fergus SNP Inverness East, Nairn and Lochaber Watch on SPTV

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 council of any political hue would wish to deprioritise the issues—the situation is quite the contrary. From my work with Ronnie McColl, Harry McGuigan and Barbara Grant, I know that we have good relationships with all parties in our dealings with senior COSLA spokespeople. It is important that we work in partnership on all these matters.

It is also relevant to point out that we have substantially increased the funding that is committed over the three-year period to tackle the abomination that is violence against women—and men, but primarily women—to £44 million. That is a major contribution, and it is fair to say that it is a very substantial increase.

Many members talked about the difference between forced marriage and arranged marriage, and implied that they are in some way antonyms. The difference is the lack of consent. As Bashir Ahmad, John Lamont and others pointed out, there is consent in an arranged marriage but none in a forced marriage. Bill Aitken said that he could think of no religion that favours forced marriages and it was useful to hear Bashir Ahmad state that Islam has no place for forced marriages. As Johann Lamont did, I applaud people such as Bashir Ahmad and Mohammad Sarwar for making their views known and for providing leadership on such issues to their communities and their constituents.

Many members, including Margaret Smith, Christine Grahame and Johann Lamont, pointed out the difference between UK legislation and current Scots law. I must admit that I pinched myself—I had never heard Christine Grahame say that she stood corrected by Johann Lamont. That reflects the consensual tone of the debate. Johann Lamont was correct to say that the difference is that the position in UK law—the Forced Marriage (Civil Protection) Act 2007—is that third parties can apply for orders on behalf of a victim of a forced marriage. Powers of arrest can also be directed against others, not just against the principal perpetrator named in the order. In Scotland, on the other hand, only the victim can apply for an interdict and power of arrest, and those are enforceable only against the person named in the interdict.

I am pleased that we are launching the consultation paper today and I restate the Government's commitment to this agenda. We are clear about the basis for our work—it is correct to consider the broader agenda of violence against women. We will not overlook violence against men, although more work needs to be done. We will consider the influence of alcohol, which is not a cause for violence but an excuse. It exacerbates violence and records show that alcohol is central in a high proportion of reported domestic abuse incidents.

I pay tribute to the 218 project in Glasgow, which I visited earlier this year. It provides a specialist multidisciplinary facility for women aged 18 years and over who are involved in the criminal justice system and may have co-existing addiction issues. That facility plays a great role in assisting victims of domestic violence. I pay particular tribute to all those who do excellent work at the project, which is at 218 Bath Street, Glasgow.

I turn to the consultation paper. Many members asked whether there should be a specific criminal offence relating to forced marriage. I remind members that, as is stated in paragraph 3 of the consultation paper, a previous joint consultation between the UK and the Scottish Government yielded mixed results: 39.4 per cent of Scottish respondents were against the creation of a new offence while 36.4 per cent were in favour. The balance of opinion today suggests that more MSPs are against criminalisation than are for it, although one or two members have argued that the door to criminalisation should not be closed. In the 19 questions that Stewart Maxwell has asked in his consultation paper, the focus is on the civil approach rather than on the criminal approach.

I recently read a crime novel by an Icelandic novelist called Indridason—a novel I thoroughly recommend—on domestic violence. Because of the paucity of my research, I do not have a quote to offer members, but the book says that victims of domestic violence suffer not only because of the violence against them but because they lose their souls. I feel that that offers an interesting perspective on the predicament of many people who face this awful fate, which is meted out to them by others.

I conclude by echoing a phrase that was picked up more than any other by members this evening. Bashir Ahmad expressed a sentiment that I think we all share: one forced marriage in Scotland is one too many.

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Plenary, 04 Dec 2008

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