Hansard

The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill is important legislation. The Equal Opportunities Committee having been designated as the lead committee on the bill, committee members were pleased to have the opportunity to consider it. My comments today are made as the committee’s convener.

During the committee’s scrutiny of the bill, a number of written submissions were received and members heard oral evidence from a range of witnesses, including representatives of Scottish women’s aid organisations that deal directly with the victims. I thank all those who gave evidence and made a valuable contribution to the committee’s consideration of the bill. My thanks also go to committee members and to the EOC clerks for their work in compiling the stage 1 report.

Similar legislation has been in place in other parts of the United Kingdom since 2007. That means that Scotland is lagging behind and, having heard the harrowing evidence that was provided by those who work with the victims, the committee was in no doubt that the legislation is necessary to protect the victims of forced marriage and to help rid Scotland of an abhorrent practice that has no place in a civilised society.

As the minister mentioned, there is a lack of data available on forced marriages in Scotland. Although the evidence that the committee received suggests that the number of such marriages is quite low, it was nonetheless clear that the adverse impact on the victim or victims is huge, which confirms the need for the legislation.

The bill introduces forced marriage protection orders. Witnesses welcomed the provision for making an order that they regarded as more straightforward than the complicated civil remedies that are currently in place. Scotland will become the only part of the UK in which the breach of an order will be a criminal offence that can result in up to two years in prison. Members consider that that approach strikes the correct balance, providing a strong deterrent to the perpetrators of forced marriage while helping the victims, who are frequently subjected to emotional blackmail from relatives, to overcome their concerns about criminalising family members.

The committee calls on the Government to provide greater clarity on the reporting and notification procedure for acting on the breach of a protection order and on who will have the authority to report a breach. The committee supported the view put forward by the Association of Chief Police Officers in Scotland and others that, to be consistent with other legislation, the bill should place the power of arrest for the breach of an order in the bill itself, and it recommends that the Government considers lodging an amendment to that effect.

On the jurisdiction, members agree that protection orders should relate to conduct outwith Scotland, given that many forced marriages have an international dimension. The committee recognises, however, that the orders will have no jurisdiction abroad and for the orders to be successfully implemented there will need to be either an extradition treaty or good working relationships between the countries.

Members recommend that the Government considers tightening the provisions that relate to moving a protected person to another part of Scotland or outwith Scotland, and the committee invites the minister to respond to the recommendation. The committee also recommends that the Government considers an amendment to permit, in certain circumstances, the naming of the person who poses the risk to a protected person.

The bill reinforces a victim-centred approach that allows third parties to make protection order applications on behalf of victims. That is good, but members consider that greater clarity is required about the role that local authorities will play as third parties. The committee invites the Government to provide further information on the on-going responsibilities of third parties to monitor and implement aftercare services. Some specialist support agencies expressed a desire to be listed as relevant third parties, and the committee therefore welcomes the provision in the bill that allows the Scottish ministers to add to the list if required.

Scottish Women’s Aid, ACPOS and other witnesses called for the definition of “forced” in the bill to be more explicit to include the physical aspect of coercion and abuse. The committee agrees that including that aspect in the bill would reinforce the message that physical violence will not be tolerated. Furthermore, the definition of “forced marriage” as used by the Scottish Government states that “duress is involved” in forced marriage. Duress may often be involved, but it is not necessarily always involved. The committee therefore invites the Government to reconsider its use of that definition.

Concern was expressed that a decree of divorce or a declaratory of nullity granted by a Scottish civil court cannot end a marriage according to the provisions of certain religious practices. The committee believes that it is important that the Scottish Government continues to engage with the religious authorities on the issue of nullification of forced marriage and to raise awareness of the bill among all religious communities. The minister’s reassurance on that point this afternoon is welcome.

Guidance on implementing and using the legislation will be critical to ensuring that the legislation works effectively. Members therefore welcome the Government’s commitment to lodge an amendment to confirm that it will, rather than may, issue guidance.

In conclusion, the committee welcomes the bill and recommends that its general principles be agreed to.

14:48