Chamber
Plenary, 04 Dec 2008
04 Dec 2008 · S3 · Plenary
Item of business
Forced Marriages
As we know, there is no offence of forced marriage in Scotland. Civil and criminal law in Scotland offers some protection to victims who are forced to marry against their will, but there is no effective law to address the wholly unacceptable wrong that is forced marriage. That is why I support and welcome the launch of the Government's consultation to explore whether civil legislation on forced marriages is required. I come to the matter with my mind made up, but I hope that I will be open and listen to all the points that are made.
Although improved education and awareness raising are essential, only civil legislation can fully protect the shocking number of victims in Scotland who are compelled into a forced marriage. Unlike arranged marriage, forced marriage is not a respected cultural tradition. It is not a religious tradition, nor is it a matter of honour. Rather than a union between two consenting adults, a forced marriage is an abuse of human rights.
The significant differences in family law mean that consideration is needed to find a Scottish version of the provisions in the UK Government's Forced Marriage (Civil Protection) Act 2007. The Scottish Government should follow the Labour Party's path and introduce civil legislation to ban forced marriage and give the courts wide-ranging powers to protect victims.
As the consultation document points out, when the previous Scottish Executive consulted on this horrific problem, it rejected the criminalisation of forced marriage. I agree with that view for the same reasons that other members have set out. People are understandably reluctant to instigate criminal proceedings against a person who in many cases will be a close family member, and one can only imagine the competing emotions a person involved in such a situation must feel.
That said, the introduction of civil legislation to bring Scotland into line with the UK will send a clear message that forced marriage will not be tolerated for any racial or religious group, for any age or for anyone in any part of the country. Such legislation is—and must be—a preventive measure that, instead of seeking to prosecute perpetrators, seeks to protect individuals, to prevent forced marriages from happening in the first place and to act as a deterrent.
However, in seeking to protect victims of forced marriage, the Scottish Government must as part of the consultation recognise how forced marriage can trigger other crimes which, as Johann Lamont pointed out in her speech, can include physical, psychological and sexual abuse and other honour-based violence. The BBC programme that was screened this week, which Jamie McGrigor mentioned, brought home to those who watched it not only how being involved in a marriage without consent affects individuals but how it can lead to the breakdown of the wider family. That cannot be good for any community and certainly cannot help to hold communities together. Legislation that protects victims of forced marriage might go some way towards tackling the cycle of abuse and violence that too often affects generation after generation.
I will conclude, Presiding Officer, because I know that you are stuck for time. I welcome the consultation as another step towards the elimination of forced marriage from Scottish society. Given that we must improve awareness of this horrific problem, it is right that we debate it again in Parliament. However, education is not enough; only by introducing civil legislation that brings us into line with the rest of the UK can we fully protect people not only from forced marriage but from the other crimes that it can trigger.
Although improved education and awareness raising are essential, only civil legislation can fully protect the shocking number of victims in Scotland who are compelled into a forced marriage. Unlike arranged marriage, forced marriage is not a respected cultural tradition. It is not a religious tradition, nor is it a matter of honour. Rather than a union between two consenting adults, a forced marriage is an abuse of human rights.
The significant differences in family law mean that consideration is needed to find a Scottish version of the provisions in the UK Government's Forced Marriage (Civil Protection) Act 2007. The Scottish Government should follow the Labour Party's path and introduce civil legislation to ban forced marriage and give the courts wide-ranging powers to protect victims.
As the consultation document points out, when the previous Scottish Executive consulted on this horrific problem, it rejected the criminalisation of forced marriage. I agree with that view for the same reasons that other members have set out. People are understandably reluctant to instigate criminal proceedings against a person who in many cases will be a close family member, and one can only imagine the competing emotions a person involved in such a situation must feel.
That said, the introduction of civil legislation to bring Scotland into line with the UK will send a clear message that forced marriage will not be tolerated for any racial or religious group, for any age or for anyone in any part of the country. Such legislation is—and must be—a preventive measure that, instead of seeking to prosecute perpetrators, seeks to protect individuals, to prevent forced marriages from happening in the first place and to act as a deterrent.
However, in seeking to protect victims of forced marriage, the Scottish Government must as part of the consultation recognise how forced marriage can trigger other crimes which, as Johann Lamont pointed out in her speech, can include physical, psychological and sexual abuse and other honour-based violence. The BBC programme that was screened this week, which Jamie McGrigor mentioned, brought home to those who watched it not only how being involved in a marriage without consent affects individuals but how it can lead to the breakdown of the wider family. That cannot be good for any community and certainly cannot help to hold communities together. Legislation that protects victims of forced marriage might go some way towards tackling the cycle of abuse and violence that too often affects generation after generation.
I will conclude, Presiding Officer, because I know that you are stuck for time. I welcome the consultation as another step towards the elimination of forced marriage from Scottish society. Given that we must improve awareness of this horrific problem, it is right that we debate it again in Parliament. However, education is not enough; only by introducing civil legislation that brings us into line with the rest of the UK can we fully protect people not only from forced marriage but from the other crimes that it can trigger.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S3M-3011, in the name of Stewart Maxwell, on forced marriages.
The Minister for Communities and Sport (Stewart Maxwell):
SNP
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 s...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
Presiding Officer, please use your power to take some time away from my summing-up speech if that will help you to juggle times later on and means that you w...
Jamie McGrigor (Highlands and Islands) (Con):
Con
Does the member acknowledge that 38 per cent of the victims in forced marriages are male?
Johann Lamont:
Lab
I absolutely accept that forced marriage is an issue that is not simply for women—although, because of defined roles in communities, it affects more women th...
The Deputy Presiding Officer:
Lab
I remind members to ensure that their mobile phones and BlackBerrys are switched off.
Jamie McGrigor (Highlands and Islands) (Con):
Con
I apologise to Johann Lamont. The figure of 38 per cent that I cited for male victims was incorrect—the true figure is 15 per cent, which is still highly sig...
Hugh O'Donnell (Central Scotland) (LD):
LD
I am grateful for the opportunity to speak in the debate and to put forward the Liberal Democrats' thoughts on forced marriage. We welcome the opportunity th...
Stewart Maxwell:
SNP
Does Hugh O'Donnell remember that?
Hugh O'Donnell:
LD
No, I do not.Huge cultural pressure can be placed on young people. Prior to being elected to the Parliament, I had first-hand experience of that, as I have h...
Bashir Ahmad (Glasgow) (SNP):
SNP
I welcome today's debate on an extremely serious and important issue. The term "forced marriages" is used a lot by the media, politicians and community organ...
Cathie Craigie (Cumbernauld and Kilsyth) (Lab):
Lab
As we know, there is no offence of forced marriage in Scotland. Civil and criminal law in Scotland offers some protection to victims who are forced to marry ...
John Lamont (Roxburgh and Berwickshire) (Con):
Con
Although forced marriage is thankfully very rare in Britain and in Scotland, it can have a devastating effect on its victims. I therefore welcome the debate,...
Stewart Maxwell:
SNP
I acknowledge what the member says; he is quite correct in what he says about the law as it stands. However, does he accept that what he has just explained c...
John Lamont:
Con
I agree with the minister entirely. I have set out what Scots law currently allows for. We are trying to prevent forced marriages, rather than deal with them...
Hugh O’Donnell:
LD
Will the member confirm that David Cameron initially proposed criminalising—in a non-civil way—forced marriage when the UK bill was introduced in 2006?
John Lamont:
Con
I am not aware of that proposal. My understanding is that we as a party supported the bill when it went through the Westminster Parliament. The Scottish Cons...
Christine Grahame (South of Scotland) (SNP):
SNP
At this stage in the debate, it is inevitable that much has already been said. I might occasionally tread where others have been and repeat what they have sa...
Johann Lamont:
Lab
As far as I understand it, one of the big differences is that, in other parts of the United Kingdom, a third party can apply for an order. That is particular...
Christine Grahame:
SNP
That is a very fair point, which I hope will be developed by the minister. Johann Lamont might have caught me on that point, but that is fine—it is what a de...
Marlyn Glen (North East Scotland) (Lab):
Lab
We have heard some details about what forced marriages are, and we recognise the differences between a forced, or coerced, marriage and an arranged marriage ...
Cathy Peattie (Falkirk East) (Lab):
Lab
I appreciate the opportunity to speak.On 25 November, new laws came into force in the rest of the UK to prevent forced marriages and to protect those who hav...
Margaret Smith (Edinburgh West) (LD):
LD
This has been an important debate about a sensitive issue. Bashir Ahmad was right to say that one forced marriage is one too many.I thank all those who have ...
Bill Aitken (Glasgow) (Con):
Con
The Conservative group will support the Government motion at decision time.There is contradictory evidence, as we have heard in the debate, about the number ...
Johann Lamont:
Lab
It is a reflection on how far we have come that there is consensus that this matter is serious and appropriate for public debate and political action. We hav...
The Minister for Community Safety (Fergus Ewing):
SNP
I welcome this afternoon's wide-ranging debate, and the cross-party support and commitment to eradicating forced marriage and other forms of honour-based vio...
Johann Lamont:
Lab
Does the minister agree that there is a difference between giving people certainty that something will happen, and expecting people to make it happen? There ...
Fergus Ewing:
SNP
There is a difference between the two prospects, but I certainly do not accept that the issue has been in any way deprioritised, nor do I accept that any cou...