Hansard

I am pleased to support the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill. I believe that it has successfully addressed the problems that were highlighted when legislation on the issue was last considered in Scotland. In 2005, in conjunction with the Westminster Government, I launched the joint consultation “Forced Marriage—A Wrong Not a Right”, to examine whether legislation to create a specific criminal offence would help to combat forced marriage. At that time, the majority of respondents felt that making forced marriage a criminal offence could be counterproductive because it might deter victims from seeking help for fear of the legal repercussions for their families. Consequently, the proposals in the consultation were dropped for the time being.

I am pleased to say that the forced marriage bill that has come before the Equal Opportunities Committee achieves the right balance between categorically setting out Scotland’s opposition to this breach of an individual’s human rights and providing realistic and sensitive access to protection for its victims. The forced marriage protection order creates a simple and understandable legal recourse that will enable a court to both prevent and require certain actions on the part of the perpetrator, thereby ensuring that an appropriate response is tailored to the individual circumstances of each case.

Unlike south of the border, where breach of a protection order is classed only as contempt of court, in Scotland, breach will constitute a criminal offence, with penalties of up to two years in prison for the most serious offences and/or a fine. Together, the provisions will create a strong deterrent to potential perpetrators and send out a clear signal that forced marriage will not be tolerated in Scotland. That message came through strongly in the evidence that was presented to the committee.

However, witnesses were also clear that the bill will live up to its potential only if it is accompanied by a strong public awareness and education campaign. As Assistant Chief Constable lain Livingstone of ACPOS told the committee:

“The bill’s ... value lies in its public message. We need to bring the matter into the open and to secure an absolute consensus that forced marriage will not be tolerated”.—[Official Report, Equal Opportunities Committee, 23 November 2010; c 2175.]

The committee strongly supports that view and agrees that legislation needs to be supplemented by a strong public awareness raising campaign.

Another strength of the bill is the provision that allows forced marriage protection orders to be sought by third parties including a local authority, the Lord Advocate, or a person specified by Scottish ministers. That will ensure that we have a victim-centred approach by reducing the burden of responsibility on the victim and—at least in theory—by ensuring that the victim receives continuing support through monitoring and aftercare.

However, the committee seeks clarification on a number of points, including which roles or sectors within a local authority will be able to make third-party requests, whether specialist support agencies will also be granted third-party status and, if so, what criteria will be used to decide which organisations qualify, and whether further information will be provided about the continuing responsibilities of third parties to monitor and implement aftercare services. That detail is vital because, as the joint submission from Scottish Women’s Aid, Shakti Women’s Aid and Hemat Gryffe Women’s Aid states,

“it is absolutely crucial that those directly involved in applying for Orders do not simply have this responsibility ‘bolted on’ to their other duties and that care and attention will be taken to ensure that this work is regarded as a specialised support area.”

I am pleased that the Scottish Government has committed to providing statutory guidance to support the legislation and I look forward to consultation on the guidance in the near future. I hope that it will provide essential information for third parties, the police, the judiciary and so on about the practical implementation of the bill, and that it will provide strategies for wider public education campaigns for, for example, health and education providers and local communities.

I wanted to say something about the interrelation with immigration issues, but I see that time is running out, so I will merely conclude by saying that, although the scale of forced marriage in Scotland might be relatively small, the impact is extremely big and it cannot and must not be tolerated. The bill and its accompanying guidance will provide some much-needed relief for those who have nowhere else to turn.

15:09