Hansard

I thank the members of the Equal Opportunities Committee, its convener, Margaret Mitchell, and the committee clerks for their work on the bill. I thank also my Government team, which has worked extremely hard, proficiently and efficiently on the bill.

It has been clear since the bill’s introduction that there is a shared commitment between the Government and committee members—and, I believe, the Parliament as a whole—to make the legislation the best it can be and to ensure that it provides the protection that the very vulnerable victims of forced marriage require and deserve.

I know that in some cases there has been a learning experience in relation to the complexities of the issues surrounding forced marriage. I think that we would all like to thank the excellent witnesses who during stage 1 brought the issues to life with powerful and compelling evidence, which went on to inform the bill’s development through the parliamentary stages.

However, what no one in the chamber needed to be told was the unacceptability of having one’s life choices and one’s connections to one’s family and community taken away and, in many cases, of suffering a spectrum of abuse including threats, blackmail and violence. We know that forced marriage is a human rights violation, as well as a form of violence against women in particular and, in many cases, of child abuse.

I was pleased to hear from those who gave evidence on the bill at stage 1 that the bill’s purpose is clear and its principles sound. Witnesses told us that they welcomed the introduction of forced marriage protection orders because the existing legal remedies are not flexible or accessible enough to offer the required level of protection to victims. I believe that our provisions for forced marriage protection orders will meet the needs of those who have been, or who are at risk of being, forced into marriage.

The orders can be tailored to address individual circumstances. Although we give some examples in the bill of actions that a court might require to be taken or actions that are prohibited, the court can include any such provisions that it deems necessary for the safety of the victim. That means that forced marriage protection orders will genuinely be able to provide the highest level of protection to each individual victim.

I made it clear from the development stages of the bill that I wanted it to have teeth, so I was pleased that the inclusion of a new criminal offence of breach of a forced marriage protection order was welcomed by support organisations such as Scottish Women’s Aid, and by the Law Society of Scotland, the police and the Equal Opportunities Committee.

I also wanted the legislation to be as easy to use and accessible to victims as possible. That is why I included the provision for relevant third parties to be able to step in and take forward the process of having a protection order put in place. That is because in many cases, disturbingly, the victim is not at liberty to do that. In some cases, the victim might not even be in this country and might therefore be unable to apply for such an order.

The bill has survived relatively unscathed from the version that was introduced to Parliament last September and the amendments to it have made it stronger. The amendments very much had an eye on how the main provision—the introduction of forced marriage protection orders—would be implemented in practical terms.

I listened to what the witnesses and committee members had to say when I considered the recommendations in the committee’s stage 1 report. Even when I felt that amendments were not strictly necessary, there was a clear feeling that they would assist those who would use the legislation at grass-roots level. For that reason—and because they did not detract from the effect of the bill—I was happy to accept the amendments.

We have now debated all the amendments and reached an agreed position on them. Once again, I thank members, particularly members of the Equal Opportunities Committee, for the supportive manner in which they have dealt with matters. It is clear that we in the chamber are united in a desire to ensure that the victims of forced marriage have the best possible protection.

On implementation, we all know that what we do here in Parliament in relation to shaping the law of Scotland is only part of the picture. With an issue such as forced marriage, which we hope will not happen every day and therefore will not be a common issue for those who are asked to support victims, the legislation will not do its job without an appropriate implementation package. I know that support must therefore be in place to help the users of the legislation understand its effects and get the most out of it.

Quite rightly, the implementation phase of the legislation has been a particular focus of the committee’s attention. The consultation on draft statutory guidance will begin later today. I felt that it was important to get it under way before the pre-election period began. I want to ensure that, in producing the guidance, we can take on board the views of Scotland’s public sector, including police and local authorities, while ensuring that it is in place in time to allow organisations to be ready for the introduction of forced marriage protection orders in the autumn. I will ensure that the Parliament is informed of the developments from the consultation and that the revised guidance is shared with members.

Witnesses, the committee and members have regularly raised the lack of good data on forced marriage. I am very aware of the need to have more robust data for Scotland and I am confident that the bill will act as a driver for data collection, as has happened in England.

Training on forced marriage is another important issue. Particularly important is training for key professionals, which will be developed in the months ahead to ensure that anyone who might come into contact with a victim of forced marriage knows what to look for, how to support them and what remedies are available.

We do not expect a large number of people to apply for forced marriage protection orders on their own behalf or via third parties.