Chamber
Meeting of the Parliament 22 March 2011
22 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill
I am pleased to make my final contribution in the Parliament during this important debate on forced marriages. The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill can, and I hope will, make a profound difference to people’s lives. As a Law Society witness rightly described the situation,
“although forced marriage is low incidence, it has an extremely high impact”.—[Official Report, Equal Opportunities Committee, 23 November 2010; c 2172.]
I am confident that we understand by now what forced marriage is. It is not arranged marriage, and it is not just an incompatible marriage. It is a marriage where one or both parties do not or cannot give consent.
Members of the Equal Opportunities Committee heard some pretty powerful evidence about rape, torture and assault carried out in the name of marriage. The Scottish Parliament has to put out the strongest signal that that is wholly unacceptable in our society—and neither is it condoned by any religion. The fact that breach of a forced marriage protection order is to be a criminal offence leaves no one in doubt about how serious a matter it is.
I am pleased that there is a commitment to include in the consultation on the statutory guidance a question on the definition of forced marriage. The UK forced marriage unit’s definition includes the phrase “and duress is involved”. We are well aware of the mental and physical duress that can be involved, but there is concern about individuals who might be forced to marry through much more subtle means, in particular if they have learning difficulties or if they are unaware of what is happening.
The bill’s passage has not been contentious and is an example of the cross-party working that has made it a pleasure and a privilege to be part of the Equal Opportunities Committee. I thank the minister and the bill team for their work in response to the committee’s report. I thank them for the amendments that they lodged and for accepting the amendments that I lodged at stage 2.
The amendments that I lodged arose from our discussions with agencies such as Scottish Women’s Aid. It is essential that people who want the bill to help them to do preventive work as well as work with victims are confident that the new legislation will make a difference. A strength of the Equal Opportunities Committee is its relationships with groups and its openness in discussing their concerns. We worked not just with groups that represent the legal profession but with equality groups, which were diligent in responding to our work.
Yesterday, I had the privilege of being interviewed for a film on forced marriages, which was initiated and is being directed by Loudy Othman. Students from Stevenson College’s creative industries department are working on the project with Saheliya and it is heartening to know that they are spreading the word and beginning the essential education process that is needed to accompany the bill.
It is sad that instances of forced marriage are being uncovered all the time. Although we know that it is usually women who are the victims, Saheliya is working on a small but important project, my story of drug addiction, with young men who are being forced to marry in a perverse attempt by their families to deal with their addiction and find support for them. The fate of the young women who are involved in such marriages does not bear thinking about. We must hope that the passing of the bill sends the strongest signal that forced marriage will not be tolerated in Scotland.
I give special thanks to the clerks and to members and former members for making the Equal Opportunities Committee’s work such a worthwhile part of my work as a member of the Scottish Parliament.
09:52
“although forced marriage is low incidence, it has an extremely high impact”.—[Official Report, Equal Opportunities Committee, 23 November 2010; c 2172.]
I am confident that we understand by now what forced marriage is. It is not arranged marriage, and it is not just an incompatible marriage. It is a marriage where one or both parties do not or cannot give consent.
Members of the Equal Opportunities Committee heard some pretty powerful evidence about rape, torture and assault carried out in the name of marriage. The Scottish Parliament has to put out the strongest signal that that is wholly unacceptable in our society—and neither is it condoned by any religion. The fact that breach of a forced marriage protection order is to be a criminal offence leaves no one in doubt about how serious a matter it is.
I am pleased that there is a commitment to include in the consultation on the statutory guidance a question on the definition of forced marriage. The UK forced marriage unit’s definition includes the phrase “and duress is involved”. We are well aware of the mental and physical duress that can be involved, but there is concern about individuals who might be forced to marry through much more subtle means, in particular if they have learning difficulties or if they are unaware of what is happening.
The bill’s passage has not been contentious and is an example of the cross-party working that has made it a pleasure and a privilege to be part of the Equal Opportunities Committee. I thank the minister and the bill team for their work in response to the committee’s report. I thank them for the amendments that they lodged and for accepting the amendments that I lodged at stage 2.
The amendments that I lodged arose from our discussions with agencies such as Scottish Women’s Aid. It is essential that people who want the bill to help them to do preventive work as well as work with victims are confident that the new legislation will make a difference. A strength of the Equal Opportunities Committee is its relationships with groups and its openness in discussing their concerns. We worked not just with groups that represent the legal profession but with equality groups, which were diligent in responding to our work.
Yesterday, I had the privilege of being interviewed for a film on forced marriages, which was initiated and is being directed by Loudy Othman. Students from Stevenson College’s creative industries department are working on the project with Saheliya and it is heartening to know that they are spreading the word and beginning the essential education process that is needed to accompany the bill.
It is sad that instances of forced marriage are being uncovered all the time. Although we know that it is usually women who are the victims, Saheliya is working on a small but important project, my story of drug addiction, with young men who are being forced to marry in a perverse attempt by their families to deal with their addiction and find support for them. The fate of the young women who are involved in such marriages does not bear thinking about. We must hope that the passing of the bill sends the strongest signal that forced marriage will not be tolerated in Scotland.
I give special thanks to the clerks and to members and former members for making the Equal Opportunities Committee’s work such a worthwhile part of my work as a member of the Scottish Parliament.
09:52
In the same item of business
The Presiding Officer (Alex Fergusson)
NPA
The next item of business is a debate on motion S3M-8157, in the name of Alex Neil, on the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill....
The Minister for Housing and Communities (Alex Neil)
SNP
I thank the members of the Equal Opportunities Committee, its convener, Margaret Mitchell, and the committee clerks for their work on the bill. I thank also ...
Elaine Smith (Coatbridge and Chryston) (Lab)
Lab
Will the minister take an intervention?
Alex Neil
SNP
I am afraid that I am just finishing my speech.We expect the bill to result in more victims seeking help because—for the first time in Scotland—a focus will ...
The Presiding Officer
NPA
I call Johann Lamont, who has about six minutes.09:31
Johann Lamont (Glasgow Pollok) (Lab)
Lab
For once, I might not use my full quota of minutes, but that does not mean that the bill is not significant. It is relatively straightforward and short, and ...
Margaret Mitchell (Central Scotland) (Con)
Con
The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill is important legislation that the Equal Opportunities Committee had the opportunity to ...
Hugh O’Donnell (Central Scotland) (LD)
LD
There is an oxymoron at the heart of the debate—it is “forced marriage”. If something is forced, there cannot be a marriage. The evidence that we took on the...
The Presiding Officer
NPA
We have a little time in hand, so there is a bit of flexibility, if anyone needs it.09:44
Anne McLaughlin (Glasgow) (SNP)
SNP
This will be my final speech as an MSP. I have decided to set myself a challenge. Instead of having the speech written out in front of me in 16-point bold, w...
Marlyn Glen (North East Scotland) (Lab)
Lab
I am pleased to make my final contribution in the Parliament during this important debate on forced marriages. The Forced Marriage etc (Protection and Jurisd...
Christina McKelvie (Central Scotland) (SNP)
SNP
I am pleased to speak in the debate on the second-last bill that we will pass in this session of the Scottish Parliament—the first session in which I have ha...
Hugh O’Donnell
LD
Perhaps they are someone else’s.
Christina McKelvie
SNP
Perhaps they are.When the Parliament was established, human rights and equality were written into its proceedings from the outset. The Parliament was establi...
Elaine Smith (Coatbridge and Chryston) (Lab)
Lab
Having served on the Equal Opportunities Committee since 1999, I am pleased that the last debate of the parliamentary session in which I will participate con...
Hugh O’Donnell
LD
This has been a short and sweet, consensual debate. However, I suspect that another event later this morning, commonly known as First Minister’s questions, i...
Jamie McGrigor (Highlands and Islands) (Con)
Con
I, too, thank Marlyn Glen for everything that she has done in the Parliament and wish her happiness and success in the future.It is a pleasure to close for t...
The Presiding Officer
NPA
I call Johann Lamont to close on behalf of the Scottish Labour Party. You have quite an amount of flexibility, Ms Lamont.10:07
Johann Lamont
Lab
Hugh O’Donnell described this as a short and sweet debate. Neither the minister nor I often contribute to short and sweet debates, so we should cherish the m...
The Presiding Officer
NPA
We come to the minister to wind up the debate. Minister, I can offer you your second 15-minute slot in a row. You have until 10.30 should you choose to use t...
Alex Neil
SNP
Johann Lamont started by saying that it is not often she and I do short and sweet. I disagree. We do short and sweet all the time: she does the short, and I ...
Elaine Smith
Lab
Will the minister join me in thanking Jean McFadden for my knowledge of Latin? She taught me at St Patrick’s high school in Coatbridge.
Alex Neil
SNP
The Minister for Community Safety has just intimated to me that the correct pronunciation is “nobil-ay” officium. I am sure that the minister knows all about...
Robert Brown (Glasgow) (LD)
LD
I was going to make that point to the minister.
Alex Neil
SNP
Another lawyer—they are all around me this morning. I put on record the fact that Robert Brown, who nearly made an intervention, has made an enormous contrib...