Hansard

I am pleased to open the stage 1 debate on the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill, which henceforth I shall refer to as the bill.

Before turning to the Equal Opportunities Committee’s stage 1 report, I would like to spell out briefly the Government’s intentions in introducing the bill and the context in which it sits. The Scottish Government believes that all people in Scotland who are eligible to marry or to enter into a civil partnership have a right to do so freely and without coercion. The bill aims to help protect some of the most vulnerable people in our society through the legal process in a very proactive, flexible way. I was heartened by the committee’s comment in its report that, although the number of victims may be relatively low, the detrimental impact of forced marriage is extremely high and cannot be tolerated.

In addressing forced marriage, we cannot and should not separate it from the Government’s wider work to address other forms of violence against women. Yes, we know that men are affected by this terrible problem but, predominantly, it is women who are the victims, and the work to tackle it sits in that context. There are clear links with domestic abuse and rape.

I thank the Equal Opportunities Committee for its scrutiny of the bill. It has listened to evidence from our key stakeholders and has clearly taken on board their concerns in drafting its stage 1 report. I am pleased that there is so much common ground in the report and that the committee supports the general principles of the bill.

The Government will respond to the committee’s report, including its recommendations for amendments to the bill, in writing, but I will comment on some of the main points that were raised in the report, many of which related to the bill’s implementation rather than its content.

A recurring theme of the evidence sessions that is reflected in the stage 1 report is the need for a clear and effective implementation strategy for the bill that includes guidance, training, awareness raising and education. We know that it is also essential that links are made with existing child and adult protection mechanisms for supporting people who are at risk. We continue to work with stakeholders to shape the implementation of the bill, on the proviso that it successfully makes its way through the parliamentary stages. The forced marriage network is vital to that work, and I thank its members who have been instrumental in driving forward the agenda as well as in shaping the bill.

As a first step in that process, the Government will consult widely on the draft statutory guidance that will accompany the legislation, to give public sector bodies an opportunity to shape and inform its contents to ensure that it is an essential tool in their development of informed and effective responses to victims of forced marriage whom their staff may have to support. In addition, the consultation will begin the awareness-raising process among practitioners who may never have come across the issue in their professional life.

We appreciate the concerns that the committee raised in its report about the importance of close monitoring of cases to ensure that a victim’s safety is maintained once an order has been obtained, so that it continues to remain valid and in force. Such issues will be explored over the next few months, including during the consultation on the guidance, to ensure that when the bill comes into force, those who deal with cases know what their responsibilities are to ensure that victims and people who are in fear of forced marriage are kept safe.

A big part of that process is ensuring that people know about the bill and the issues surrounding forced marriage. We share the committee’s view that significant work is required to raise awareness and understanding of forced marriage in Scotland. We are committed to undertake that work and have established a group of forced marriage network members to develop and take it forward as a matter of priority.

The Government will work with the Scottish Court Service, police and other public sector bodies, as well as third sector organisations that are providing direct support to victims of forced marriage, to improve the statistical information that is available about cases of forced marriage. That commitment is reflected in the bill’s equality impact assessment. We know that we need to find out more, especially about lesbian, gay, bisexual and transgender people, male victims and those with physical and learning disabilities who are affected by forced marriage.

We hear what stakeholders and the committee said during the evidence gathering about concerns that victims could be trapped in a religious marriage once the civil marriage has been ended. We are committed to continuing to engage with relevant religious authorities on the issue of the nullification of forced marriages and to raise awareness of the bill among all religious organisations and communities. The first of the forums will be with groups that represent the Muslim community in Scotland. We will also look at the links between forced marriage and trafficking.

I turn to some of the stage 1 report’s recommendations regarding the content of the bill. I was pleased to see the committee’s comment that the introduction of forced marriage protection orders would provide a simpler procedure, which is in contrast to the current complicated legal recourse of an order or an interdict. I was also pleased to see that committee members welcomed the introduction of FMPOs and felt that they would be an effective, preventive and protective measure in the fight against forced marriage.

One of the key elements of the bill enables the Lord Advocate, or local authorities acting as relevant third parties, to make an application for a forced marriage protection order on behalf of a victim. That recognises that, in many cases of forced marriage, victims feel unwilling or unable to take action against perpetrators who might be members of their family. Again, I take on board the committee’s and stakeholders’ concerns about the monitoring of cases following the issue of an FMPO.

It is vital that local authorities are supported to establish internal mechanisms that allow practitioners to know who will deal with cases and to ensure that those staff are trained and have access to guidance. We will work closely with the Convention of Scottish Local Authorities, as well as with individual local authorities, to ensure that their views are heard, that guidance is as effective as possible, and that local authorities are equipped to fulfil their role as relevant third parties.

The Government recognises that the bill is only the start of a journey towards eradicating forced marriage from Scotland forever.

I move,

That the Parliament agrees to the general principles of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill.

14:42