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
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 another issue. The LCM provides an opportunity to do something about forced marriage. I believe strongly that that is the right thing to do, not least because of the public message that it sends—that we will not tolerate forced marriage in Scotland. Making that a criminal offence sends a clear message.
I turn to other points that were made. It is important to recognise the role of the organisations concerned. I again make the commitment to work with Scottish Women’s Aid and others to raise awareness among communities. As other members have said, we are talking not just about legislation but about how to take the message to the public. I give reassurance on that point.
The relationship between civil and criminal procedures has been discussed a lot. Both procedures will be open to people, but we should bear in mind the important point that the criminal law looks at the criminal offence that has occurred, whereas the civil remedy looks at issues that might arise. A forced marriage protection order provides protection from something that might happen. People must understand that distinction.
As I said in my opening speech, the Lord Advocate has agreed to look at the issues and at the public interest test. We must keep victims at the centre of considerations and keep victims and potential victims at the heart of the legislation, its implementation and the awareness raising in our communities.
I turn to other points that were made. It is important to recognise the role of the organisations concerned. I again make the commitment to work with Scottish Women’s Aid and others to raise awareness among communities. As other members have said, we are talking not just about legislation but about how to take the message to the public. I give reassurance on that point.
The relationship between civil and criminal procedures has been discussed a lot. Both procedures will be open to people, but we should bear in mind the important point that the criminal law looks at the criminal offence that has occurred, whereas the civil remedy looks at issues that might arise. A forced marriage protection order provides protection from something that might happen. People must understand that distinction.
As I said in my opening speech, the Lord Advocate has agreed to look at the issues and at the public interest test. We must keep victims at the centre of considerations and keep victims and potential victims at the heart of the legislation, its implementation and the awareness raising in our communities.
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...