Hansard

In debating the issues that affect our country, it is not often that we approach a subject with consensus in the chamber. I thank all the parties and their spokespeople for the constructive discussions that we have had in reaching—I hope—an agreed position on the resolution today.

I know that all members in the chamber agree that we want a Scotland where everyone can make vital life choices without threat of intimidation or coercion, or psychological or physical abuse. Whether to marry and who to marry should be decisions that are entered into freely. Forced marriage is a violation of human rights, an infringement of liberty and an abhorrent practice that has no place in Scotland.

To be clear, we are not talking about arranged marriage, which is a legitimate, common and successful practice in a variety of communities. Today's debate is about people who are forced to marry against their will, by coercion or threat, or through fear or manipulation.

Forced marriage has for too long been below the radar. It impacts on young girls and boys and on women and men across a range of communities—often vulnerable young people who are under the control of individuals or families and beholden to their elders with few means at their disposal to take alternative action.

We know from the experiences of those who have been forced into marriage how helpless, lonely and unsupported they feel, and—for those who have to leave their home environment, and sometimes their country—how traumatic it can be. The consequences of forced marriage are devastating to those involved. Many become estranged from their families and wider communities, lose out on educational opportunities and suffer domestic abuse, and there are high rates of self-harm and suicide.

One story that highlights the level of trauma involved concerns a young woman who suffered years of emotional pressure and abuse. It began when she was taken overseas at 17 under the pretext of attending a family wedding. When she arrived, she was told she was to become engaged to her cousin. She agreed when it was made clear that that would be the only way that she would be allowed to attend university. She completed her degree while living under that threat, after which her family took her abroad, again under the pretext of visiting family. This time, she was told that she was to be married at once and would not be allowed to return to the United Kingdom until she had signed the marriage documents.

The young woman did her best to make her parents see her point of view: that she and her cousin had nothing in common, and that the marriage would be damaging for her. That emotional battle went on for five weeks and eventually, when the girl was exhausted and tired of being cursed by her family as a cause of dishonour and disgrace, she agreed to sign the marriage documents, but only if she was allowed to return to the UK. Thankfully, she was supported by Hemat Gryffe Women's Aid and is now seeking a divorce.

Sometimes those behind a forced marriage are motivated by a belief that the marriage will uphold family honour, realise long-standing family commitments or control the young people's behaviour and sexuality. They might believe that it will protect cultural and religious ideals or prevent what are regarded as unsuitable relationships. Whatever the motivation, there is no justification for forced marriage, and we will not and should not tolerate it.

Information on the numbers involved and the extent of the problem in Scotland is limited. The statistics from the forced marriage unit, which deals with approximately 300 to 400 cases a year, indicate that 85 per cent of victims are female, and that 30 per cent of all victims are minors. In January this year, the unit began to break down the origin of incidents that were reported to them. From January 2008 to September 2008, 40 reports came from Scotland.

One way in which we are exploring the extent of the problem is by jointly funding, with the UK Government, a confidential telephone survey. The survey will run for the period of the consultation—between December and March next year—and should add to our understanding of forced marriage in Scotland.

In 2007, the UK Government decided to introduce civil legislation in the form of the Forced Marriage (Civil Protection) Act 2007, which came into force last week. Civil court remedies are a devolved matter and those legislative changes will apply only to England, Wales and Northern Ireland. However, the Scottish Government's consultation "Forced Marriage: A Civil Remedy?", which is being launched today, gives us the opportunity to explore whether the introduction of new civil remedies would add to the protection that is available to those who are affected by forced marriage in Scotland.

Those who are affected by forced marriage tell us, poignantly, that many do not want to close the door permanently on contact with their family and the wider community, despite what they have gone through. Many would not want to pursue criminal proceedings but would find civil court remedies helpful. In addition to questions on legal remedies, we will be using the consultation to ask what non-legislative work needs to be in place to ensure both that all those affected can access the support they need and that communities can contribute to preventing forced marriage.

Although forced marriage predominantly affects women, we know that men are also victims. The consultation expects to gather views on how best to support men and women who are affected by forced marriage. Key to progressing that support work and to contributing to the Government's thinking on the issue is the forced marriage network. The network's membership is made up of key partners from the statutory and voluntary sectors and includes the police, the Convention of Scottish Local Authorities, Amina Muslim Women's Resource Centre, the national health service, Scottish Women's Aid, Victim Support Scotland and the Law Society of Scotland. I thank network members, some of whom are here today, for their invaluable contribution to the agenda. Their expertise is vital to the success of the consultation and to our wider work on the issue in Scotland. We hope that during the consultation the network will, with support from Government, bring as many people as possible together to discuss the issues involved and to let us know what should be done in the area. We need to hear the voices of those who are affected and those who understand the issues.

Among the victims of forced marriage are women who, for immigration reasons, have no recourse to public funds. That is a prime example of how our hands are tied by issues that are reserved to Westminster. I fully sympathise with the plight of those women but due to the Scotland Act 1998 the Government cannot provide funding or extend the remit of the Home Office scheme. I understand that the new system of support will be put in place in the new year. However, I am disappointed at the time taken to find a way forward. I will be keeping a close eye on the situation and I plan to write to the Home Office in the new year with the views expressed by the Parliament and by those who took part in the demonstration outside the Parliament earlier today.

Forced marriage is part of the broader violence against women agenda. Like every other member, I am clear that violence against women has no place here. No one should live with the fear of abuse or be stripped of dignity or self-esteem. That is why we support the international 16 days of action to eliminate violence against women campaign. However, the Government's work in the area is not limited to the period of the annual campaign. It is an on-going priority for us all. Therefore, the Government has committed more than £44 million over the next three years to tackling violence against women and children, including domestic abuse. That more than doubles the funding from the previous three years.

In recognition of the needs of minority ethnic groups and the specific barriers to support that women face, we fund a number of projects under the violence against women funding stream, all of which focus on the wider issues of violence and its impacts on women from black and minority ethnic communities. They include the Amina prevention, protection and provision project and other projects with Shakti Women's Aid, Hemat Gryffe Women's Aid, the British Red Cross and the Legal Services Agency.

It is not possible to prevent forced marriage without tackling the inequality and continuum of violence that women in Scotland continue to face. Trafficking is an area in which there have been some recent developments. As a Government, we are committed to tackling that abhorrent and vile crime, through partnerships with the UK Government, the UK human trafficking centre, the police and local agencies. We want to ensure that effective measures are taken to combat that form of serious organised crime.

On 2 July, to coincide with the release of the results of operation pentameter 2, we updated the joint UK action plan, which sets out the actions we are taking. During that operation, in Scotland alone 56 premises were visited, 35 arrests were made and 15 victims of trafficking for the purposes of sexual exploitation were recovered. On 25 September, we announced our intention to legislate to provide the police with specific powers to close premises that are associated with human trafficking or child sexual exploitation. Those measures are intended for the forthcoming criminal justice and licensing bill, which will be introduced in the Scottish Parliament in 2009.

I am pleased to be opening the debate and, by launching our consultation, to be opening what is, in effect, the wider debate on forced marriage in Scotland. I hope that members agree that we have to take action on the issue. We have to change attitudes, increase understanding and awareness, and provide the support and protection that are needed by some of the most vulnerable people in our society. I urge all who have views on this very serious issue to make them known during the consultation. This Government is determined to listen to what communities, organisations and—most important—individuals have to say, and then to act.

I move,

That the Parliament recognises the right of every person to choose whom to marry without fear of physical, emotional or psychological abuse; recognises that forced marriage is a violation of internationally recognised human rights and a form of violence against women and has no place in Scotland; makes a clear distinction between arranged marriages to which both parties have freely consented, and which are an established and accepted practice, and forced marriage; welcomes the Scottish Government's consultation that asks whether forced marriage civil legislation is required and provides an opportunity to consider what more can be done to help those affected in Scotland and to ensure our communities are safer, stronger and fairer places for all; acknowledges the work of the Forced Marriage Network in tackling this issue, and supports continued efforts to assist those affected, raise awareness of the impact of forced marriage and to end this terrible practice.