Chamber
Meeting of the Parliament 22 January 2014
22 Jan 2014 · S4 · Meeting of the Parliament
Item of business
Anti-social Behaviour, Crime and Policing Bill
In 2005, I introduced a consultation on forced marriage and listened to the views of violence against women organisations, such as Scottish Women’s Aid, Hemat Gryffe Women’s Aid and Shakti Women’s Aid. As co-convener of the cross-party group on men’s violence against women and children, I feel strongly that the Scottish Government should listen to their views and concerns now about consultation and other matters. I know that the deputy convener of that group, Claudia Beamish, shares those views; she asked me to make that clear.
The point that I made in my intervention is that the UK Government has signed the Istanbul convention and expressed its intention to ratify it, but it has not yet done so. It is with ratification that the treaty becomes legally binding for the state that has ratified it, which means that the UK and Scottish Governments will be required to bring the provisions into force through domestic policy and legislation. However, the obligations in the convention derive from the ratification of the treaty, not from the signing of it.
I hope that the minister will clarify the Scottish Government’s point of view on that issue. From what she said in her opening speech, it seems that she believes that the Scottish Government must criminalise forced marriage in order to comply with the convention before it has been ratified. If that is the case, she will have to take action on a lot of other areas, which was the second point that I made in my intervention. Why is she picking one particular area and saying that such action is required under the convention? Engender has made it clear that articles 7, 8, 10, 11, 17, 22 and 25 would all require to be acted on once the convention has been ratified. I would like the minister to clarify the Government’s position on that in her winding-up speech. I think that it would be far better to proceed slowly on the matter, as the Justice Committee has recommended.
The point that I made in my intervention is that the UK Government has signed the Istanbul convention and expressed its intention to ratify it, but it has not yet done so. It is with ratification that the treaty becomes legally binding for the state that has ratified it, which means that the UK and Scottish Governments will be required to bring the provisions into force through domestic policy and legislation. However, the obligations in the convention derive from the ratification of the treaty, not from the signing of it.
I hope that the minister will clarify the Scottish Government’s point of view on that issue. From what she said in her opening speech, it seems that she believes that the Scottish Government must criminalise forced marriage in order to comply with the convention before it has been ratified. If that is the case, she will have to take action on a lot of other areas, which was the second point that I made in my intervention. Why is she picking one particular area and saying that such action is required under the convention? Engender has made it clear that articles 7, 8, 10, 11, 17, 22 and 25 would all require to be acted on once the convention has been ratified. I would like the minister to clarify the Government’s position on that in her winding-up speech. I think that it would be far better to proceed slowly on the matter, as the Justice Committee has recommended.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-08797, in the name of Shona Robison, on the Anti-social Behaviour, Crime and Policing Bill, which is Unit...
The Minister for Commonwealth Games and Sport (Shona Robison)
SNP
Forced marriage is, thankfully, not an issue that affects the majority of people in Scotland. However, it is a blight on those communities where it still hap...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
Is it not the case that the UK Government has signed but not ratified the convention, and that it becomes legally binding only when ratified? If the minister...
Shona Robison
SNP
We are clear that, in order to ratify the convention, forced marriage requires to become a criminal offence. The Istanbul convention was, in effect, a game c...
Elaine Murray (Dumfriesshire) (Lab)
Lab
Only one part of the legislative consent memorandum is contentious and that is the proposals on forced marriage.In starting, I think that it is important to ...
The Deputy Presiding Officer
Con
Thank you for your brevity.17:15
Margaret Mitchell (Central Scotland) (Con)
Con
The Justice Committee report on the Anti-social Behaviour, Crime and Policing Bill legislative consent memorandum did not make a recommendation on the provis...
The Deputy Presiding Officer
Con
We move to the open debate. If members could speak for not too long, that would be helpful.17:18
Sandra White (Glasgow Kelvin) (SNP)
SNP
Thank you, Presiding Officer. I will try to keep my speech as short as possible.As a member of the Justice Committee, to which consideration of the LCM fell,...
John Pentland (Motherwell and Wishaw) (Lab)
Lab
The LCM’s proposals on forced marriage proved very contentious. The shortcomings of the process were such that the committee decided not to recommend support...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
The Justice Committee requested time for the debate, and I thank the Parliamentary Bureau for allowing us to have it. All members of the committee were conce...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
In 2005, I introduced a consultation on forced marriage and listened to the views of violence against women organisations, such as Scottish Women’s Aid, Hema...
The Deputy Presiding Officer
Con
We move to the closing speeches. I call Margaret Mitchell—four minutes, please.17:30
Margaret Mitchell
Con
This debate, which is an unusual one, was triggered by the Justice Committee’s decision not to make a recommendation on the inclusion of forced marriage with...
Elaine Murray
Lab
A number of important points have been brought out in this very brief debate. Sandra White made the point about the need to treat forced marriage as we do ot...
Shona Robison
SNP
I thank everyone for their contributions to the debate. Although we might not all agree on the details, I have a strong feeling of the commitment that member...
Margaret Mitchell
Con
The point is that there is time, especially given the information that Malcolm Chisholm supplied, to look again and see whether a Scottish solution can be fo...
Shona Robison
SNP
I find that comment slightly ironic, given the UK Government’s clear position. As for Malcolm Chisholm’s point about ratification, the UK cannot ratify the c...
Malcolm Chisholm
Lab
There is disagreement on the legal advice, because that is not the legal advice that Scottish Women’s Aid has received. However, if the minister takes that v...
Shona Robison
SNP
We are looking at forced marriage today. We are clear that, to ratify the convention, we require to criminalise forced marriage. The other articles are anoth...