Official Report search · Parliament Workbench

Chamber

Meeting of the Parliament 22 March 2011

22 Mar 2011 · S3 · Meeting of the Parliament

Item of business

Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill

Mitchell, Margaret Con Central Scotland Watch on SPTV

The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill is important legislation that the Equal Opportunities Committee had the opportunity to consider in detail, and to comment on, as the lead committee. As convener of the Equal Opportunities Committee, I outlined the committee’s recommendations and views in what was a productive stage 1 debate. I thank committee members and the EOC clerks for all their hard work on the bill.

I speak in this stage 3 debate not as the convener of the Equal Opportunities Committee but from the Conservative benches. I acknowledge and thank the minister and the Scottish Government for their willingness to listen to and take on board the committee’s concerns and suggestions to improve the bill at stage 1. Thanks to the amendments that the Government lodged or did not oppose at stage 2, the definition of “force” is now more explicit. The definition in the bill is now

“coerce by physical, verbal or psychological means, threatening conduct, harassment or other means”.

The wording was included in an amendment that Marlyn Glen lodged. As many members know, Marlyn is stepping down as a member. I record my thanks to her for her support as a member of the Equal Opportunities Committee and as the committee’s deputy convener. As an original member of the committee, Marlyn’s knowledge and experience since 1999 have been invaluable. I know that her commitment to and passion for equality issues will continue in whatever she chooses to do henceforth. I thank Marlyn and wish her all the best in whatever she chooses to do in the future. [Applause.]

I turn to other stage 2 amendments. The bill now includes a provision to enable constables to arrest without warrant persons whom they reasonably believe have breached or are breaching forced marriage protection orders. The jurisdiction of the protection orders was also clarified to include the requirement from a person to refrain from taking a protected person to another part of Scotland or outside Scotland. A new section 67 ground was created under which a child who has been, or is likely to be, forced into marriage can be referred to the principal reporter. Also, guidance on implementing and using the legislation “will” rather than “may” be issued. That will be critical to ensuring that the legislation works effectively.

The bill brings Scotland’s legislation into line with existing legislation in the rest of the United Kingdom that is aimed at preventing forced marriages and protecting the victims of forced marriage. It will help to eradiate an abhorrent practice that has no place in a civilised society. It is victim-centred legislation that provides for third-party applications where it may be difficult for a victim to seek protection from family members. It strikes the right balance on criminal and civil sanctions and addresses victims’ concerns about criminalisation of family members by providing that only breach of an order by the perpetrators will be a criminal offence, which may result in up to two years in prison.

In addition to the primary legislation, I support the call for a public awareness and education campaign, which I consider to be essential, to be carried out in Scotland, to ensure that the issue is understood and addressed.

Forced marriage is a violation of fundamental and internationally recognised human rights. On this last day of its third session, the Scottish Parliament can be justifiably proud of passing the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill, as I have every confidence it will do later today.

09:41

Search Hansard contributions

Meeting of the Parliament 22 March 2011

In the same item of business