Chamber
Plenary, 04 Dec 2008
04 Dec 2008 · S3 · Plenary
Item of business
Forced Marriages
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 have come a long way from the time when agencies regarded such matters as being purely domestic, private and nothing to do with them. The irony in saying that forced marriage involves a violation of human rights is that there are at the heart of the matter people who have no awareness that they have a human right to say no, and no capacity to resist something that they see as being expected of them. It is a comfort to us that we are now able at least to recognise that it is a subject for public concern and action, and that many people in our communities would support such action.
At the heart of much of the work that we do, we must place ways of supporting people by reaching out to individuals and speaking to them about the issues that affect their families in language that they understand, rather than by putting up posters on the walls of places where they might go to seek help.
On domestic abuse, it makes me shudder to think that, when I was in the public services, we needed to help a woman who was fleeing violence by getting her a mobile telephone number that would not show up on a telephone bill. That shows just how frightened people must get. We have to think about factors like that when we are shaping services.
We do not know the number of people about whom we are talking. As happened with domestic abuse, when we start to talk about the issue and give people confidence, the figures will go up. That, perhaps, is a matter that we must reflect on.
I welcome the consultation, because it is my instinct to support legislation. Indeed, when consultation was being undertaken at UK level, I was surprised at the consultation responses that expressed the view that forced marriage should not be criminalised, and called for civil legislation. I respected those arguments, which were made by people whom I trusted and who feared what would happen if forced marriage were criminalised. However, I stress that we should not close the door fully on legislation, because it might be that we realise in time that civil measures are not sufficient.
I ask the minister to reflect on the points that Marlyn Glen made about the implications of our approach to this issue for legislation that is currently going through Parliament or with which we might deal in the future.
I want to reinforce the points that were made about the distinction between arranged marriage and forced marriage. We should not overstate the prevalence of forced marriage and we should not afford certain people the opportunity to stigmatise whole communities by focusing on a practice that is anathema to most people in those communities. Although I would obviously commend the Labour Government for the action that it took, I recognise the work of others in this field, and I acknowledge how powerful it is when people such as Mohammed Sarwar and Bashir Ahmad speak up on these issues, because their doing so refutes the argument that whole communities are at fault, rather than a small section of those communities.
There is a debate about whether we should rely on education or legislation, but our approach cannot involve only one or the other; it must involve everything. We must use the legislative route to provide protection, but we must also work with communities and young people to give them confidence to resist.
Earlier, I made the point that it is not enough just to aspire and that we must will the means to deliver. We have to have resources for specialist groups who can speak within those communities, but we also have to train teachers and youth workers in the main stream who can listen and act to support young people in particular who are vulnerable and who need to be reassured that they are able to resist their families' wishes.
I urge the minister to consider the questions that I asked earlier. What does he consider to be the role of the national group to address violence against women? How is the Government discussing local outcomes with COSLA and community planning partnerships? How is it asking them to assess the resources that would be required to support that work? When will guidance on the equality aspects of single outcome agreements be available? Answers to those questions are critical to allaying people's fears that there is not sufficient recognition of the challenge that this work presents while the process is on-going.
I urge the minister to be creative—as other members have suggested—in how he consults, and to recognise that the conclusions that he reaches will not be the last word, but will be a critically important word in respect of supporting people who find themselves in such circumstances.
At the heart of much of the work that we do, we must place ways of supporting people by reaching out to individuals and speaking to them about the issues that affect their families in language that they understand, rather than by putting up posters on the walls of places where they might go to seek help.
On domestic abuse, it makes me shudder to think that, when I was in the public services, we needed to help a woman who was fleeing violence by getting her a mobile telephone number that would not show up on a telephone bill. That shows just how frightened people must get. We have to think about factors like that when we are shaping services.
We do not know the number of people about whom we are talking. As happened with domestic abuse, when we start to talk about the issue and give people confidence, the figures will go up. That, perhaps, is a matter that we must reflect on.
I welcome the consultation, because it is my instinct to support legislation. Indeed, when consultation was being undertaken at UK level, I was surprised at the consultation responses that expressed the view that forced marriage should not be criminalised, and called for civil legislation. I respected those arguments, which were made by people whom I trusted and who feared what would happen if forced marriage were criminalised. However, I stress that we should not close the door fully on legislation, because it might be that we realise in time that civil measures are not sufficient.
I ask the minister to reflect on the points that Marlyn Glen made about the implications of our approach to this issue for legislation that is currently going through Parliament or with which we might deal in the future.
I want to reinforce the points that were made about the distinction between arranged marriage and forced marriage. We should not overstate the prevalence of forced marriage and we should not afford certain people the opportunity to stigmatise whole communities by focusing on a practice that is anathema to most people in those communities. Although I would obviously commend the Labour Government for the action that it took, I recognise the work of others in this field, and I acknowledge how powerful it is when people such as Mohammed Sarwar and Bashir Ahmad speak up on these issues, because their doing so refutes the argument that whole communities are at fault, rather than a small section of those communities.
There is a debate about whether we should rely on education or legislation, but our approach cannot involve only one or the other; it must involve everything. We must use the legislative route to provide protection, but we must also work with communities and young people to give them confidence to resist.
Earlier, I made the point that it is not enough just to aspire and that we must will the means to deliver. We have to have resources for specialist groups who can speak within those communities, but we also have to train teachers and youth workers in the main stream who can listen and act to support young people in particular who are vulnerable and who need to be reassured that they are able to resist their families' wishes.
I urge the minister to consider the questions that I asked earlier. What does he consider to be the role of the national group to address violence against women? How is the Government discussing local outcomes with COSLA and community planning partnerships? How is it asking them to assess the resources that would be required to support that work? When will guidance on the equality aspects of single outcome agreements be available? Answers to those questions are critical to allaying people's fears that there is not sufficient recognition of the challenge that this work presents while the process is on-going.
I urge the minister to be creative—as other members have suggested—in how he consults, and to recognise that the conclusions that he reaches will not be the last word, but will be a critically important word in respect of supporting people who find themselves in such circumstances.
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...