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Fresh Hope - 1st December 2008

Normally, I use my Letter From Lewisham page to let you know what I've been upto in our area. Recently, though, I helped steer the Forced Marriage Act through Parliament. I hope it's going to have a really important effect in helping some of the most vulnerable people in our society and I wanted to tell you a little bit about it.

This government has long recognised that forced marriage is a terrible manifestation of domestic abuse. The Foreign and Commonwealth Office has been providing consular assistance to British nationals overseas since 1999, and the government’s unique Forced Marriage Unit, recognised across the world for its pioneering work, has provided advice, support or assistance in thousands of cases of forced marriage.

On 25 November 2008 something very significant happened. The courts granted the very first Forced Marriage (Civil Protection) Order to prevent the forced marriage of a young victim. In doing so, a vulnerable person facing an uncertain future was suddenly given fresh hope.

This case represented a real milestone in the battle against the heinous and appalling practice of forced marriage. It demonstrated the way in which the Forced Marriage Act, launched on the very same day, will make a real difference to the lives of some of the most vulnerable people in our society.

For the first time ever, as a result of the Act, victims and potential victims of forced marriage are able to access robust legal protection.

The Act gives victims the right to apply for a Forced Marriage Protection Order. The court will be able to order the behaviour or conduct of those responsible for forcing a person into marriage to change, to stop, or to impose requirements on them. Orders can be tailored to meet the exact needs of the victim – including removing passports and travel documents to prevent the victim being taken abroad, and to prohibit certain actions by the wider family. The court can make other family orders as necessary, wrapping the victim in the court’s protection.

Orders can also work across international boundaries. An order can be made that the victim must be brought back to this country, and people abroad can be ordered to stop arranging a marriage.

The Act also allows the court to attach a power of arrest to an order if it considers that the respondent has used or threatened violence. Whilst breach of an order is not a criminal offence it can be dealt with as contempt of court. And where a person is in contempt the court will have its full range of powers available, including imprisonment up to two years.

I am aware that some, including the Conservative Party, have argued that forced marriage should be a criminal offence. But in 2005 we consulted on this and we listened. We listened to the overwhelming response from experts that victims do not wish to criminalise the behaviour of their families. They said that if forced marriage was criminalised it could be driven underground and victims might not co-operate with police.

I had the privilege of meeting some amazing young women at the Ashiana Project earlier this year. They made it clear to me that they did not want criminal sanctions because they hoped one day they would be reunited with their families.

The Act also recognises that victims or potential victims of forced marriage may not have the means to seek protection themselves. The Act therefore enables others to apply for Orders on behalf of victims with the court’s permission. This means victims who are unable to make applications themselves can still be protected. Even more radically we have announced that once safeguards are in place local authorities will be able to act as relevant third party for victims. Local authorities will be able to make applications to the court on behalf of the victim without getting the permission of the court first.

Forced marriage is a stain on our social fabric. It is an abuse of fundamental human rights. This Act, the first of its kind anywhere in the world, not only offers real protection to victims but sends out a clear message that we as a society will not tolerate forced marriage. I am convinced that the Act, together with the wider programme of work this Government is taking forward on domestic and honour based violence, will ensure that in time this terrible practice will be consigned to history - exactly where it belongs.

Promoted by Ray Collins, General Secretary, the Labour Party, on behalf of the Labour Party, both at 39 Victoria Street, London, SW1H 0HA.
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