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Meeting of the Parliament 02 February 2011

02 Feb 2011 · S3 · Meeting of the Parliament

Item of business

Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill: Stage 1

O'Donnell, Hugh LD Central Scotland Watch on SPTV

It seems almost no time since I stood up for my opening speech. Unfortunately, this is a very limited debate. I would have welcomed having much more time for it, because it is clear from the speeches that we have heard that people have an interest in the subject, as is only right.

Several members have made the valid point—perhaps I did not make it as clearly as they did—that the difference between an arranged marriage and a forced marriage must be recognised, and that must be followed through in how we engage with communities. We must ensure that they understand such things and that people know what the law is. Sandra White referred to Bashir Ahmad, who spoke eloquently and frequently about that issue, including to me. His contribution in that regard as a person from one of Scotland’s ethnic minority communities was valid, important and significant.

I am not sure where we will get the resources to ensure that, alongside the bill in its final form, the necessary educational framework will be provided. There is concern, which others have voiced, that if we use the legislation as a bolt-on to the responsibilities of women’s aid groups, we will further stretch their resources to do the work that we expect them to do. I hope that, in his winding-up speech, the minister will clarify how things may work, where the targeting will be and how the targeting will be achieved to ensure that people in public agencies, the voluntary sector and community groups are given the information that they need—whether in English or other languages—to make sure that the wider community understands what is going on. A little bit of resource will be needed. I am interested to hear from the minister how resources will be allocated and used, what guidance will be given, what suggestions will be made, and what consultation will take place. Any legislation can be put on to the statute book, but if people do not know that it is there for their protection, they will not use it. It is important that we have a framework or strategy to address those issues as we progress matters.

Marlyn Glen raised the issue of duress. Definitional challenges have been posed, and I agree that there must be some way of overcoming them, but duress takes place in many ways, shapes and forms, of course. I support her view on the issue of what we might call a sunset clause for protection orders. For people who have a learning disability, it might not be appropriate to have a time limit. We might need a case-by-case approach so that each individual case is reviewed over a given period. I would welcome the minister’s response on that, either during his summation or during further discussions with the committee.

I get the sense that we all support the bill at stage 1. Certainly, the Liberal Democrats will support the bill at decision time.

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