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.
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