Marriage and Civil Partnership (Minimum Age) Bill
Wednesday 12th January 2022
(2 years, 10 months ago)
Public Bill CommitteesRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Read Debate Ministerial Extracts
The Chair
Before we begin, I remind Members that they are expected to wear a face covering and to maintain distancing as far as possible. I remind everyone that the House asks that they have a lateral flow test each day before coming on to the estate. Please switch electronic devices to silent. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.uk.
Today’s selection and grouping is available online and in the room. No amendments have been tabled. We will have a single debate covering all nine clauses and the schedule.
Clause 1
Marriage: increase of minimum age to 18
Question proposed, That the clause stand part of the Bill
The Chair
With this it will be convenient to discuss the following:
Clauses 2 to 9 stand part.
That the schedule be the Schedule to the Bill.
Mrs Pauline Latham (Mid Derbyshire) (Con)
It is an absolute pleasure to serve under your chairmanship, Sir George, and to bring the Bill through Committee. I have been working on it for more than four years, so it is good to be at this stage with Government and cross-party support. This is a groundbreaking piece of legislation that will affect millions of young people over time. I am delighted to be at this stage.
I will deal with clauses 1 to 9 and the schedule together. The provisions end child marriage in England and Wales. They do so first by removing the ability of parents or a court to consent to 16 or 17-year-olds entering into a marriage or civil partnership. Secondly, they extend existing forced marriage legislation by making it a criminal offence to arrange the marriage of an under-18 even if violence, threats or another form of coercion are not used. Those provisions are targeted at unofficial, non-binding marriages that are beyond the reach of the change to the legal age of marriage. Together, the changes will end child marriage in this country.
The number of people marrying legally in England and Wales at 16 or 17 is small and continues to decline. Of nearly 235,000 marriages in 2018, only 134 involved one or both persons aged 16 or 17. Despite the low numbers, there remains undeniable concern that our law should not allow children to enter marriage under any circumstances. Research has shown that child marriage is often associated with leaving education early, limited career and vocational opportunities, serious physical and mental health problems, developmental difficulties for the children born to young mothers and an increased risk of domestic abuse.
On Second Reading, I set out some of the harrowing and inspiring stories of child marriage that have been shared with me since I began this project. In particular, the story of Payzee Mahmod, who was subject to child marriage in this country, is a powerful reminder that overall statistics are not the most important metric in this discussion. Every single child matters and ought to receive our protection. Protecting children is our obligation and our priority. The United Nations Committee on the Rights of the Child recommends that there be no legal way for anyone to marry before they turn 18, even with parental consent.
The fact that it is possible to marry at 16 sets the wrong example, both at home and abroad; having laws that enable child marriage weakens our voice in discussions with other countries and damages efforts to end child marriage globally. This is an area where we should lead by example, and the Bill will enable us to do that.
Setting the age of marriage at 16 was a decision made in 1929, when life was very, very different. Children often went to work at 14, as my mother did, and life expectancy was 20 years lower. Now, children in England must remain in education or training until they are 18, and couples are choosing to marry much later. We must celebrate the improvements we have made to quality of life and ensure that our laws align with that.
Increasing the minimum age of marriage to 18 is a necessary condition for ending child marriage in this country, but not a sufficient one. It will ensure that legal marriages cannot happen before the parties turn 18, but it can do nothing about those marriages enacted in traditional and some religious settings that are not recognised by the law of England and Wales, but are regarded just as much as a marriage by the parties, their families and their communities. Those marriages can have all the disadvantages for the children involved that legal ones do, and arguably more; not only can the parties be under the age of 16, but they fail to benefit from the legal protections inherent in marriage law.
In 2020, the Government’s Forced Marriage Unit provided advice and support in 113 cases involving the actual or potential marriage of a child aged 15 or under. The charities I work with have supported girls as young as seven who have been married in religious or cultural ceremonies in the UK. The Bill therefore extends the offence of forced marriage to cover all attempts to make a child under the age of 18 enter into a marriage, whether or not that marriage would be legally binding.
The offence as it stands covers cases where a parent or other third party uses violence, threats or another form of coercion to cause a child to enter into a marriage. It does not cover situations where a parent or other third party causes a child to enter into a marriage if coercion is not used. The Bill closes that loophole by making it an offence to cause an under-18 to enter into a marriage in any circumstances.
The distinction between the marriage of a child that involves coercion and one that does not is often false. Children may not realise that they have a choice as to their marriage partner. They may not realise that they can resist, or they may be too afraid to do so. In such cases, the parent would have no need to use coercion. This is not just a theoretical gap; we have heard from the Forced Marriage Unit, the police and charities of cases where marriages have been arranged for children who are in this position. Ultimately, children can be put in the impossible position of either “consenting” to a child marriage, or testifying against their parents. That is why it is so crucial that we automatically categorise any marriage involving a child as a forced marriage—to close this loophole and ensure that all children are protected from all forms of marriage.
Having given that background, I turn to the clauses. Clause 1 increases the minimum age of marriage in England and Wales to 18. It amends the Marriage Act 1949 so that a marriage solemnised where one party is under the age of 18 is void. It also removes all provision for 16 to 17-year-olds to marry with parental or judicial consent. It applies both to civil ceremonies and religious ceremonies that take place in registered religious buildings such as churches and mosques. The clause does not make specific provisions relating to marriages that take place abroad. However, it is anticipated that, following the changes made by the Bill, the common law in England and Wales will not recognise marriages that take place abroad involving under-18s where either party is domiciled in England and Wales.
The Bill will not change the age of marriage in Scotland or Northern Ireland, as marriage is a devolved matter. Therefore, the age of marriage will remain 16 in Scotland, and 16 in Northern Ireland with parental or judicial consent, although I believe that Scotland is looking at moving the age to 18 and Northern Ireland is considering it by consulting.
Clause 2 expands existing forced marriage legislation to ensure that it is always illegal to arrange the marriage of a child, even where no force or coercion is used. Subsection (2) amends section 121 of the Anti-social Behaviour, Crime and Policing Act 2014, “Offence of forced marriage”, by inserting a proposed new subsection (2A) which would criminalise any conduct that is for the purpose of causing a child to enter into a marriage before their 18th birthday.
Clause 2(3) would amend section 121(3), under which, as it stands, it is an offence to deceive someone into leaving the UK so as to force them into marriage. The clause would expand the scope of that offence to encompass the new, non-coercive behaviour in proposed new subsection (2A). It would therefore be an offence to deceive a child into leaving the UK for the purpose of causing them to marry, even when no actual coercion was involved upon the child’s arrival in the foreign country.
Clause 2(4) would insert proposed new subsection (5A) into the 2014 Act to clarify that “child” means a person under the age of 18. Subsection (5) would extend section 121(6). Subsection (6) of that existing section provides that the offence of forced marriage is committed even if the perpetrator uses coercive behaviour against someone other than the person whom they intend to force into marriage. Clause 2 would provide that that applies equally to the new, non-coercive behaviour under proposed new subsection (2A).
Clause 2(7) would insert proposed new subsection (7A), which would exclude from the new offence conduct that causes 16 and 17-year-olds to enter into a marriage in Northern Ireland or Scotland. That reflects the fact that in Scotland it remains possible for 16 and 17-year-olds to marry in all circumstances, and in Northern Ireland if their parents or a court consent.
Aside from the Scotland and Northern Ireland exemption I have just set out, clause 2 would inherit the existing provisions of the forced marriage offence in terms of definition of marriage, territorial scope and sentencing. The offence therefore applies to any religious or civil ceremony of marriage, whether or not it is legally binding, and carries a maximum sentence of seven years.
Clauses 3 and 4 are both concerned with amendments to the Civil Partnership Act 2004.
Tim Loughton (East Worthing and Shoreham) (Con)
I congratulate my hon. Friend on this important Bill. I welcome her to the club of someone who will have a private Member’s Act amending the Marriage Act 1949.
May I ask for two points of clarification? I am pleased that she has applied the measure to non-formal religious marriages. First, will she clarify whether the marriage of someone of 15 or 16 in Scotland or Northern Ireland who gets married without coercion, but with the approval of parents, will be recognised in England and Wales? Secondly, given this important legislation, does she now think that there are other areas of this whole grey area of what constitutes a child—16 or 17, up to 18 —that the Government need to look at as well?
Mrs Latham
The answer to the first question is yes, such a marriage would be recognised, because it took place in part of the United Kingdom, and the law is devolved. The answer to the second question is yes, I think that the Government need to look at everything to do with a child’s rights up to the age of 18. Perhaps the Minister will take that back to Government for them to look at all sorts of things that happen at all sorts of different ages, so that we know where children can and cannot do things. I think that would make it much simpler. I am sure that my hon. Friend will be pleased to know that the measures affect the Civil Partnership Act 2004, too, so the effect on heterosexual marriages and civil partnerships will be equal, which is really important.
Clause 3 increases the minimum age of civil partnerships to 18 in England and Wales, and it amends the 2004 Act so that 16 and 17-year-olds are no longer eligible to enter a civil partnership. It also removes all provisions for 16 and 17-year-olds to enter a civil partnership with parental consent.
Clause 4 amends the Civil Partnership Act so that where two people register as civil partners in Scotland or Northern Ireland, the partnership will be void if at the time of registration either of the two people were domiciled in England and Wales and if either was under 18. The clause also provides that if two people convert their marriage into a civil partnership under Northern Irish regulations, it will be void if either of the two people were domiciled in England and Wales and if either was under 18 when the marriage was solemnised. I think I was unclear with my hon. Friend the Member for East Worthing and Shoreham. Two under-18s who live in Scotland can still be married, and the marriage would be recognised in this country, but if either of them is domiciled in England, the marriage would not be recognised.
Finally, clause 4 also contains the only amendments in the Bill that extend to Scotland and Northern Ireland, and it therefore forms part of the law of Scotland and Northern Ireland. It amends section 217 of the Civil Partnership Act so that where a person domiciled in England and Wales registers an overseas relationship, that relationship will not be treated as a civil partnership if either party was under 18.
Clause 5 gives effect to the schedule, which makes minor and consequential amendments to existing legislation. The amendments that are set out in the schedule are required as a result of the changes to the law made by clauses 1 to 4. The amendments, which affect the Marriage Act 1949, the Marriage (Registrar General’s Licence) Act 1970, the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004, repeal and amend provisions relating to marriage and civil partnership of under-18s, which are no longer necessary or appropriate.
Clause 5 also gives the Secretary of State a power, by regulation, to make further consequential amendments. Regulations made under the clause may include transitional or saving provisions, and may amend, repeal or revoke secondary and primary legislation, which, for these purposes, includes the legislation of the devolved Administrations. The Ministry of Justice and the Home Office believe it necessary to take such a power to avoid any implementation difficulties or legislative inconsistencies—beyond those addressed in the schedule—that may otherwise arise. Amendments to primary legislation in the exercise of that power will be subject to the affirmative resolution procedure. Amendments to secondary legislation will be subject to the negative procedure.
Clause 6 sets out the territorial extent of the Bill. The Bill extends to England and Wales only except for clause 4(3) and clauses 5 to 9, which also extend to Scotland and Northern Ireland. The substantive changes made by clauses 1 to 4 relate to the legal age of marriage and civil partnership in England and Wales only. However, as I have mentioned, one amendment that extends to Scotland and Northern Ireland is required. It relates to the recognition of an overseas relationship where one of the parties was domiciled in England and Wales when the overseas relationship was registered.
Subsection 6(2) provides that clause 5 relating to the power to make consequential amendments, clause 6 itself, clause 7 on commencement, clause 8 on saving provision and clause 9 containing the short title all form part of the law of the United Kingdom.
The matters to which the provisions of the Bill relate are not within the legislative competence of the Scottish Parliament, the Welsh Parliament or the Northern Ireland Assembly, and no legislative consent motion is being sought in relation to any provision of the Bill. If there are amendments relating to matters within the legislative competence of the Scottish Parliament, or the Northern Ireland Assembly, the consent of the relevant devolved legislatures will be sought. Marriage law is not a devolved matter for the Welsh Parliament.
Sarah Champion (Rotherham) (Lab)
It is a pleasure to serve under your chairship, Sir George. I am so pleased that the hon. Member for Mid Derbyshire has campaigned with such tenacity on this issue. She has had knocks from every side, but she has kept on going because she knows that it is the right thing to do. I am in awe that she has got the Bill to this point, and all power to her. I would also like to thank the Iranian and Kurdish Women’s Rights Organisation, Karma Nirvana and the Girls Not Brides campaign for their ongoing work to help victims and put an end to child marriage.
This is a big problem. Internationally, 12 million girls are married before the age of 18 each year. That is 23 girls every minute. The UK signed up to the UN definition of a child being someone up to the age of 18, but child marriage is still prevalent in this country. Currently our laws allow for a legal marriage to take place from age 16 with parental consent. However, Karma Nirvana’s executive director, Natasha Rattu, says that in her experience many children are pressured into these marriages by family members. Last year, over a quarter—199—of the 753 cases dealt with by the UK’s forced marriage unit were of children under 18, and 113 of those forced marriages were of children under 15.
It is often difficult to apply the parameters of forced marriage to child marriage. Child marriage violates girls’ rights to health, education and opportunity. Girls are highly likely to experience sexual and domestic violence in a child marriage and they often struggle to find a way out. If the UK wants to be a global leader on women and girls’ rights, we must begin by banishing this horrendous practice from our own communities once and for all. Between 2007 and 2017, 3,096 marriages involving children aged 16 and 17 were legally registered in England and Wales, according to the Office for National Statistics. However, we must also discuss the importance of tackling unregistered child marriages. That is why I am so supportive of this Bill.
In the last year, Karma Nirvana has offered support in 76 cases of child marriage. Only 5% of those were registered and an overwhelming 95%—72 out of 76—were non-registered and religious marriages. These marriages are never reported, which presents a really significant barrier to protection and safeguarding. It is so important that this Bill covers any marriage involving a child who lives in England and Wales, or who is a UK national—here is the crux of it—even if the marriage does not take place in this country. It also covers those who officiate the marriage, so no more turning a blind eye with this Bill.
For years I have worked to try to improve safeguarding for all children, both nationally and internationally, which is why I am delighted that this Bill will provide a huge step forward in preventing child abuse. I am proud that England and Wales will soon be able to set an example for other countries to follow—I urge the rest of the UK to do the same.
Internationally, there is still a long way to go but there is some progress. In the USA, for example, in 2017 all 50 states allowed minors to marry in some cases. Since 2018, six states have banned all marriages before 18, but most states allow teens to marry at 16 or 17 if parents and a judge consent. Nine states still have no minimum age for marriage at all. We need to ensure that more protections are in place and that the general public are aware of the laws, so that victims of child marriage can be identified and supported, and I thank the hon. Member for Mid Derbyshire so much for the work she is doing to make that a reality.
Dr Ben Spencer (Runnymede and Weybridge) (Con)
It is a pleasure to serve under your chairmanship, Sir George. I congratulate my hon. Friend the Member for Mid Derbyshire on getting the Bill to this stage. It is a landmark piece of legislation and a very important Bill.
I will focus my comments specifically on legal marriage. One of the reasons why my hon. Friend’s Bill is so important is that the current legal position on consent to marry is, at best, bizarre and contradictory, and at worst, an historical anachronism. I will lay out why that is, in relation to the operation of the Mental Capacity Act 2005 and how it applies to children in this situation. As well as implementing my hon. Friend’s Bill, we really need to take forward how that Act operates.
Looking at adults, the law on consent is codified in the Mental Capacity Act 2005, which lays out what criteria one needs to show in order to demonstrate that one has the decision-making capacity to make a decision. Marriage is one of the decisions that falls within scope, along with decisions to do with sexual relations and medical treatment. There are two types of adults in this world: those with decision-making capacity for a specific decision, and those without. When capacity is lacking and a decision and action has to be taken, the clinician or whoever is involved has to assess the decision-making capacity and then make a decision in someone’s best interests. There are provisions for what is effectively proxy decision making—such as lasting power of attorney, and some situations where people take part in clinical research—but even then the person making those decisions has to act in the person’s best interests.
In general, if someone is lacking capacity and a decision needs to be made, the person acting on behalf of an individual has to make a decision in their best interests, so a best interests framework operates. However, the Mental Capacity Act 2005 states that some decisions are far too personal for someone to make a decision on behalf of someone else in their best interests. I realise that I am going into a technical wonderland of best interests, but a good example is found in medicine. Let us say that someone has been hit by a car and is unconscious. When they come to hospital, the doctors need the powers to treat them. In the context of someone who is unconscious, it is not possible to assess their decision-making capacity, so a decision has to be made in their best interests. Problems arise when there are more complicated decisions and when people are awake, conscious and able to contribute to discussions.
The Mental Capacity Act excludes a certain set of decisions. Where people lack capacity, others can make decisions on their behalf—adoption and marriage are a couple of examples. Of course, parents are able to make a range of very personal choices and decisions for their children, particularly around medical treatment, but even in medicine there are limits on how much parents can consent. When children are detained under the Mental Health Act 1983, there are certain medical interventions for which parental consent alone cannot be relied on, because it is deemed to be too personal and too complex. Electroconvulsive therapy treatment is one of them, and I believe that in the context of serious interventions for children with long-lasting consequences, there are situations where clinicians may want to go to court to get extra back-up and reinforcement because of the nature of the decision.
We have a weird dichotomy, because the Mental Capacity Act states that if an adult lacks capacity, there are decisions that no one can make on their behalf, with marriage and adoption being two examples. However, if someone is a child between the age of 16 and 18— admittedly with decision-making capacity—parental consent can be used to enter into a contract such as marriage. I think that is completely bizarre and it needs to be changed.
Marriage is a big decision, and one that we expect to be a long and lasting decision. Of course, it is not an irreversible decision because of the divorce laws that we have, but I do not think there is a situation so pressing as to not allow a decision to enter into marriage to be delayed until the age of 18. I realise that is not necessarily an uncontroversial point of view—people have different views on it, such as those with strong religious beliefs—but fundamentally I think it is absolutely right that we move marriage to the age of 18. That is because the backdrop to this is a recognition that we see people under the age of 18—children—as inherently vulnerable. Although someone between the ages of 16 and 18 may have decision-making capacity, they are still not necessarily fully mature. They are still potentially more vulnerable than an adult, and we include in our law legal gatekeepers, the thresholds that we determine one must pass to become an adult. The Bill is very important in exemplifying that a child, even someone with full decision-making capacity at the age of 16 or 17, is still someone whose potential vulnerability we have concerns about, and has not moved into adulthood.
Sarah Champion
I agree with the arguments that the hon. Gentleman is making, but for me this is also about the fact that the state has a legal, mandatory duty to take care of someone under the age of 18. It is reneging on its duties unless this Bill is enacted.
Dr Spencer
I thank the hon. Lady for her intervention, and I see where she is going with her mention of the duty. As always, we will get into a bit of a debate over the duties of the state to protect the most vulnerable in our society, under-18s. One could fiddle around with this, and we could start getting into debates about the right to personal freedoms under article 8(2) of the European convention on human rights, but she has made a strong point.
The hon. Lady has helped me to move on to my more substantial point in this debate, because although children are of course vulnerable and the state has a legal duty to protect them, there is another range of people who are quite vulnerable and who this Bill does not cover: those who have marginal decision-making capacity to consent to marriage. I have done lots of decision-making capacity assessments in my career as a doctor and as a subject of my previous academic research. I admit that I have never made an assessment of capacity to marry, but in general, while the decision about whether somebody has decision-making capacity is very binary—yes or no—there are people whose assessments lie somewhere in the middle, and whose situation is unclear and complicated. Those assessments go to the courts for determination, and there are people with a range of mental conditions, such as learning disabilities and cognitive impairment, whose capacity to consent to marriage may be marginal and may be queried, and about whom determinations need to be made.
Although the broad criteria for assessing decision-making capacity for marriage are codified in the Mental Capacity Act 2005, there was originally a common law test, and following that Act the courts have continued to interpret it and apply common law tests for marriage. The test that has been used has evolved over the past 20 to 30 years, and it interacts quite tightly with the common law test for capacity to consent to sexual relations, because judges, rightly or wrongly, have looked at those two as being quite closely associated. In previous cases that have gone to the courts, it has been said that the capacity to consent to sex has to be a lower threshold than the capacity to consent to marry, because by definition if a person marries they have to consummate the marriage. Those are not my words, and they are not necessarily my views, but they are how the courts have applied those two common law tests of capacity.
Our judiciary is absolutely fantastic. It is great that we have it, and those judges do fantastic work in applying the capacity test to complex situations, but nevertheless those tests have evolved over the past 20 or 30 years, importing societal values and mores into them. While we are making clear decisions about what we define as childhood and adulthood, there are some very broad-brush legal proceedings in terms of children.
Tim Loughton
My hon. Friend is making some good points about this subject, about which he might like to introduce a private Member’s Bill. We are dealing only with the chronological definition of children, but there is a real problem. We know about the low rape convictions in this country—I apologise that I have to leave this Committee to go to the Home Affairs Committee, which is looking into this matter at the moment—but they are just the cases that come forward. Those who do not have capacity come forward to declare that they have been the victim of sexual offences even less often.
I have tried to allude to the definition of children, their rights and the responsibilities of adults towards them, but this whole area needs to be cleared up. Even if my hon. Friend the Member for Runnymede and Weybridge is not lucky enough to be chosen in the private Members’ Bill ballot, as my hon. Friend the Member for Mid Derbyshire and I have been in the past, I am sure the Home Office Minister here today will take away these important matters and come back with Government-backed legislation, in due course.
Dr Spencer
I thank my hon. Friend for that brilliant intervention. It was prescient, as I was about the say that there is an even bigger problem in the interaction between civil cases, about people who lack capacity to consent to sex, and criminal cases. That will be difficult to deal with, but we need to do that. There are different thresholds, and it is unclear how civil and criminal cases interact.
There is also the situation where one of the partners in a marriage loses capacity to consent to sex, but sexual relations continue. How do we, as a society, want to think about that? I am sure everyone has deeply held personal opinions on this, but I have heard what I think are awful stories—for example, a person in a couple developed dementia and lost the capacity to consent to sex, but the couple continued to have sexual relations. Social services got involved and it all got pretty horrible. These are big issues.
The last thing I want to do, however, is to hold up the Committee or prevent the Bill from making progress; that is why I declined proposing putting anything in the Bill, but I hope that the Minister has heard the points made, and that we can get something moving, using the Bill as a springboard to the next step in helping people in such situations.
Peter Gibson (Darlington) (Con)
It is a pleasure to serve under your chairmanship, Sir George. I will keep my remarks brief, so we can get on.
I commend my hon. Friend the Member for Mid Derbyshire; I echo the remarks of the hon. Member for Rotherham on that point. My hon. Friend has expertly guided this vital piece of legislation through Second Reading and Committee. From my experience, I know how rewarding yet challenging this process can be. I congratulate her on reaching this stage.
More must be done to address the practice of child marriage in England and Wales. Official figures for 2017 show that in that year, 183 individuals entered marriage at age 16 or 17. We know, however, that the recorded data do not accurately reflect the number of children marrying in religious and customary ceremonies. I welcome the measures in the Bill to address that. I wholeheartedly support the Bill’s intention of raising the minimum legal age for marriage and civil partnership to 18, and making it illegal for persons to arrange the marriage of a person under that age. I am pleased to be in Committee to support my hon. Friend’s Bill as it progresses. I look forward to it completing its remaining stages.
The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)
It is a pleasure to serve under your chairmanship, Sir George.
My hon. Friend the Member for Mid Derbyshire has, as ever, eloquently set out her case in support of the Bill, an important change that she has championed, as has the hon. Member for Rotherham. I do not propose to detain the Committee for long, but I wanted to place on the record all the work that my hon. Friend has done in this space. With that, on behalf of the Government, I very much commend the clauses to the Committee.
Mrs Latham
Thank you for allowing me a few more words, Sir George.
I place on the record my thanks to everyone who has helped me get the Bill to this stage, including the charities that we have been working with, which the hon. Member for Rotherham mentioned: Karma Nirvana, which has been amazingly supportive; IKWRO; Girls Not Brides; and others. In particular, the story of inspirational Payzee Mahmod made me determined not to give up trying to get the Bill through, and to keep being a pain in the neck for Ministers and civil servants until I got to this stage. I thank those people in particular because they have worked so hard with me.
I also thank Committee members, who have given their time to support the Bill. Private Members’ Bills do not always have support from across the House, but this one does. I commend my colleagues on the International Development Committee, who have been so supportive, particularly our Chair. I really commend my office staff, who have worked tirelessly to support me, and did the research to get us to where we are today. I also thank the Clerks, and the staff who work for the Department and for Parliament. Without their support, we could not have got here.
I thank the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), who has been working tirelessly with the Minister to get us to this stage, and to make sure that we dotted the i’s and crossed the t’s. I thank the Minister for his support, because without it we could never have got to this point.
I feel very privileged to be here today, having just recovered from covid. It was touch and go on whether I would be able to make the Committee, so I am delighted to be here, fit and well. I hope that the Bill will travel through the House of Lords and come back very quickly, and that we get Royal Assent before Easter. If we do, this really important piece of legislation will have been passed relatively quickly. Thanks, everybody. I thank our Chairman, Sir George Howarth, very much for his chairmanship. I am delighted that we have got to this stage
The Chair
I congratulate the hon. Lady. Very few Members of Parliament get a piece of legislation through in their name. Quite aside from the importance of the issue that the Bill covers, her achievement in getting something on the statute book—as I am sure she will in due course—is rare, and she should be very pleased with it.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 9 ordered to stand part of the Bill.
Schedule agreed to.
Bill to be reported, without amendment.
Marriage and Civil Partnership (Minimum Age) Bill
Friday 25th February 2022
(2 years, 9 months ago)
Commons ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Mr Speaker
Before we get to proceedings, I remind Members of the difference between Report and Third Reading. The scope of the debate on Report is the amendments that I have selected; the scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to try to catch my eye.
Clause 2
Offence of conduct relating to marriage of persons under 18
Mrs Pauline Latham (Mid Derbyshire) (Con)
I beg to move amendment 1, page 1, line 11, leave out “(2)” and insert “(3)”
This amendment would insert the subsection which provides for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage after section 121(3) of the Anti-social Behaviour, Policing and Crime Act 2014 rather than after section 121(2) of that Act.
Mr Speaker
With this it will be convenient to discuss the following:
Amendment 2, page 1, line 15, leave out “threats or any other form or coercion” and insert “threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales”.
This amendment would state expressly that for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage, the conduct may take place in England and Wales or elsewhere and may, but does not have to, involve deception.
Amendment 3, page 1, line 17, leave out subsection (3).
This amendment would remove the cross-reference to the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage.
Amendment 4, page 2, line 3, leave out subsection (6) and insert—
‘(6) After subsection (7) insert—
“(7A) A person commits an offence under subsection (3A) only if—
(a) the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,
(b) at the time of the conduct, the person or child is habitually resident in England and Wales, or
(c) at the time of the conduct, the child is a United Kingdom national who—
(i) has been habitually resident in England and Wales, and
(ii) is not habitually resident or domiciled in Scotland or Northern Ireland.”’
This amendment would mean that a person may commit the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage only if the conduct is for the purpose of causing a child to enter into a marriage in England or Wales, or the person or the child has a specified connection to England and Wales.
Amendment 5, page 2, line 4s, leave out subsection (7).
This amendment would in respect of the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage remove the exception for marriages of 16 and 17 year olds that take place in Scotland or Northern Ireland, so that conduct related to such marriages may amount to an offence.
Mrs Latham
I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.
Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.
I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to
“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”
That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.
To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.
Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.
On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.
Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.
Mr Richard Holden (North West Durham) (Con)
Will my hon. Friend, like me, welcome the fact that Northern Ireland is consulting on raising the minimum age of marriage to 18? Will she join me in expressing a desire that the Scottish Government should reflect on that and do the same?
Mrs Latham
My hon. Friend makes an important point. Northern Ireland is consulting, and I think that Scotland is about to do so. That is so important, because, if they do not change, they will not reflect the sustainable development goals that they have signed up to along with us. If they want to abide by those goals, they will have to move forward on that. I look forward to us being one nation all doing the same thing. I thank him for that point.
The first situation is if a marriage is to take place in England or Wales. It can never be right for us to allow the marriage of a child to happen within our borders. The second situation is if the perpetrator or victim is habitually resident—they ordinarily live—in England and Wales. That will ensure that we protect children who live in this country and that those people who live here obey our rules and norms. The final situation is if the child is a UK national who has been habitually resident in England or Wales and who is neither habitually resident nor domiciled in Scotland or Northern Ireland. Domiciled is a slightly different concept from habitual residence: it means the place that someone regards as their permanent home, even if they are actually living somewhere else. So, all UK nationals who have at some point lived in England or Wales, unless they live in or have their permanent home in Scotland or Northern Ireland, will be covered.
One of the effects of those changes is, as I indicated, to show respect for the devolution settlement in a more effective and meaningful way than the Bill does currently. The offence would no longer encompass situations where a parent arranges for their 16 or 17-year-old UK national child who lives in Scotland or Northern Ireland to marry outside the UK, so it would not stop such Scottish or Northern Irish children from exercising the rights under the laws of those countries.
We did consider removing the UK national criteria of the offence in its entirety, but that would mean that, when it came to marriages happening outside England and Wales, we would have had to rely solely on habitual residence, which is a fluid property that can be lost if a person has sufficiently severed their ties with England and Wales. The Girls Not Brides UK coalition, who are experts in this area, were concerned that that could cause perverse behaviour, namely that parents might keep their children overseas before causing them to marry until such time as they lost their habitual residence and, therefore, the protection of the law.
We have therefore kept the UK national criteria, but only for a child who has been habitually resident in England and Wales at some point in their life, to ensure intervention in matters overseas only if there is a reasonable connection to England and Wales. Out of respect for the devolution settlement, the offence would apply only if the child were not at that time habitually resident or domiciled in Scotland or Northern Ireland.
The amendments will create a more rounded and focused regime. As such, I commend them to the House.
The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
I am delighted to respond to my hon. Friend the Member for Mid Derbyshire (Mrs Latham), both for her continued steerage of this vital Bill and for tabling these important amendments. It will not be me who responds to the final stage of the Bill, so, if I may, I will put on record my appreciation, and that of the entire House and I think the whole country, for the work she has done over her whole parliamentary career.
Mrs Latham
May I begin by thanking the Public Bill Committee, which met on 12 January to consider the Bill in detail? The Committee submitted the Bill to detailed scrutiny, and I am confident that the cross-party spirit that has run throughout this process has made it a much better piece of legislation.
After Second Reading in this House on 19 November last year, I was inundated with media and interview requests to talk about child marriage. Many of the issues and specific cases that hon. and right hon. Members from across the House raised were ones that there is not enough awareness of. Indeed, I am absolutely delighted that two of the incredibly brave survivors of child marriage whose stories I told in November, Payzee Mahmod and Farhana Raval, are here today in the Gallery to witness this historic moment, when the House of Commons will vote to end child marriage in this country.
Child marriage exists as both a legal and a social phenomenon. We in this House can, and I hope that we will, change the legal position by criminalising those who arrange child marriages and refusing to recognise unions involving children. However, the social aspect—raising awareness of child marriage among children, parents, educators, social care professionals and community leaders—is equally important. We must send a message that child marriage is illegal and is unacceptable under any circumstances.
The Secretary of State for Health and Social Care (Sajid Javid)
May I take this opportunity to commend my hon. Friend for her tireless campaigning on this most important of issues? She has shown hon. Members and the public exactly why child marriage is child abuse and why it is absolutely right that we put an end to it.
Mrs Latham
I thank my right hon. Friend for that, and he is absolutely right. I know that he, too, has been passionate about raising awareness about this issue. If it were not for his now being Health Secretary, I would not be doing this today, because he had the private Member’s Bill, which I never got, and he generously gave it over to me. He did that because he knew that I had been working with the charities represented in the Public Gallery for many years. So I thank him for the help he has given in my being able to do this.
It is undeniable that changing this law and making it unequivocally clear that it will be illegal to arrange any child marriage, whether for a boy or a girl, in England and Wales, irrespective of alleged consent, coercion or persuasion, is a huge step in the right direction, because many children are brought up to believe that this is the norm, but it is not the norm in this country to be married as a child. This legislation will send a huge message out and that is the purpose of the Bill. Let me briefly mention the effect of each of its key provisions. First, the Bill will remove the exception that currently allows 16 and 17-year-olds to get married and to enter into a civil partnership with parental or judicial consent in England and Wales. People who are too young to consent for themselves are too young to be married. Getting married is a huge decision, no matter at what age someone decides to marry. The existing law has been in place for more than 70 years and reflects social values from a different time, one in which a school leaving age was 14 and the average age for marriage was just 23. Many girls like my mother left school at 14 and went to work. In that context, a marriage at 16 was not unreasonable. Of course, there were many shotgun weddings before the age of 18 where a pregnancy was involved, because in the eyes of many being pregnant without being married was a sin. This was before contraception and life is completely different now.
Now, the Government have legislated to ensure that all children must be in education or training until 18, providing greater opportunities for academic and professional development for all children. Furthermore, the average age for marriage is now over 30. There are substantially fewer than 200 children utilising this exception every year, which is evidence that as a society we are moving away from this practice. So there is a real need to remove that exception. When I have tried to bring this before the House previously, I have been told by previous Ministers, not the excellent Ministers we have in place today, that it was not relevant, because there were so few cases and it did not really matter.
Mr Holden
My hon. Friend says that it is the children using this exemption, but in Committee, where I supported her, she made the point powerfully that it is not children using the exemption, but their family members, who are seeking to pressurise them into marriage. That entirely shows the point of this piece of legislation.
Mrs Latham
My hon. Friend is right: this is about coercion, persuasion and accepting that this is the norm in a family. It is not the norm, and should not be, in this country. If a child is unable to sign that piece of paper to say that they are getting married, they are too young to have somebody else do it for them, and to persuade them and make them get married at that stage. So this Bill is very, very important. The impact on those children who wish to take advantage of the exception will be minimal. They will only have to wait a maximum of two years to marry; if they are 16 and a half, it will be only 18 months. So we are talking about only a very short time, although I do accept that when someone is 16, two years seems a very long time—in reality, as all know in this Chamber, that is not true. The impact on victims of child marriage around the world of England and Wales setting its legal aid of marriage unambiguously at 18 will be enormous.
The second key provision will make it a crime to organise any unregistered marriage involving a child in England and Wales. This is a huge part of the problem we are trying to solve. As I set out on Second Reading, the cases of child marriage in the UK that cause the most concern often do not show up in the statistics. Of the cases involving potential child marriage reported to the Home Office-commissioned national honour- based abuse helpline, delivered by Karma Nirvana—representatives of which are in the Gallery today—in the year to September 2021, only four related to civil marriages. There are almost 20 times as many cases that involve only a religious ceremony—more than 95% of all cases—and those are the people who go to Karma Nirvana for help, so Members can imagine how many do not do that and are persuaded to be married.
We know from the experiences of Payzee—who is also in the Gallery—among many others that the religious ceremony is the most important part of the marriage in the eyes of the family and the community of the child. They do not need the registered part: they are not interested in that. It is the unregistered part that makes the difference for them, and currently, there is no age limit on an unregistered marriage. The only requirement is that it is not forced, and we know that under the current law, proving a forced marriage where it involves children is extremely difficult. The Girls Not Brides UK coalition, which has done so much in the campaign to end child marriage, has been involved in shocking cases where the child being married was under 10 years old.
Therefore, my second key provision updates forced marriage legislation to create a new offence of arranging the marriage of a child. This offence will be triggered by any conduct that causes a child under 18 to enter into such a marriage, whether civil or religious. Crucially, unlike with forced marriage, there is no need to prove coercion or control. This takes the onus away from the child to show that their marriage was forced, and will make prosecutions easier and the deterrent that much stronger. I should make it absolutely clear that this criminal offence is not about criminalising the child. The child is the victim in every single case; the criminals are the adults who organised these marriages.
A key provision that I would like to highlight is the provision of extraterritoriality. The Girls Not Brides UK coalition, as well as the Government’s forced marriage unit, have seen plenty of evidence to suggest that very often children who live in the United Kingdom are being taken abroad, often to a country where extended family live, in order to be married. Sometimes, they are taken abroad for just a few weeks, but sometimes they are taken abroad for many months or years—as in the case of Farhana, who is also in the Gallery today. It is crucial that the offence captures that conduct, because it is just as damaging to the future prospects and life chances of the victims as a marriage that takes place in the United Kingdom. If a child is out of education for months or even years, they will find it much harder to enter the workplace and become economically productive, if they ever do so.
I have been working very hard with the Government since the Committee stage to ensure that the Bill is comprehensive and covers as many situations as possible. My thanks go to the Ministers and the teams of officials who have worked so hard to get it right, resulting in the amendments on Report. I did not want to come back next year or the year after with more amendments; I wanted the Bill to be right from the start, because loopholes need to be closed. Therefore, I am delighted that this Bill will cover not just marriages taking place in England and Wales, but marriages anywhere in the world involving a child or a person who lives in England or Wales, as well as those involving UK national children who have at any point lived in England or Wales. That offers a huge amount of protection to all children growing up in this country, and removes any incentive for parents to leave the UK in order to avoid our marriage law.
Having considered the Bill’s key provisions, I shall briefly reflect on its importance. Primarily, the Bill is important because it will offer protection from marriage to every single child who grows up in England and Wales, forever. At a stroke, it will stop both registered and unregistered marriages under the age of 18 and ensure that this protection cannot be avoided simply by someone temporarily leaving the country. I often talk about safeguarding futures, because that is what we are doing: safeguarding children’s futures so that they can have decent lives.
Child marriage is so harmful to the future prospects of the victims and almost always results in their leaving education, thereby reducing their career prospects and overall life chances. Before I came to this place, my political background was in education, which I firmly believe is the most powerful tool we have to create opportunities for young people. It is an enormous disadvantage if young people are deprived of education—an education that we in this House have determined to provide up until the age of 18—because of child marriage.
It is not an understatement to say that the Bill will protect and affect the lives of literally millions of young boys and girls in this country. It will protect them from child marriage and enable them to have the best chance in life, because they will be able to continue in education until the age of 18. It will also strengthen their ability to say to their parents, “I want to go to university” or get an apprenticeship or a job. It will be much easier, because at 16 a young person is totally dependent on their parents and cannot live independently.
The legislation’s implications will be felt not just in the UK. The UK is committed to achieving the UN’s sustainable development goals, target 5.3 of which is to
“eliminate all harmful practices, such as child, early and forced marriage and female genital mutilations”
before 2030. This applies specifically both to religious and to non-religious child marriages. The UN Committee on the Rights of the Child recommends that there should be no legal way for anyone to marry under the age of 18. The Bill will therefore also help the UK to set an example to the rest of the world by prioritising children’s futures. The UK will finally be in a position to take a lead on child marriage around the world and on championing children’s futures. To be able to persuade other countries of the importance of banning child marriage, we must first ban it ourselves. When we have said to countries, “You need to raise the age of marriage,” they have come back to us and said, “Why should we? You don’t—you allow children to marry.”
I have set out the main provisions of my Bill and the enormous impact it will have on children in this country and around the world. Before I conclude, I wish to make an appeal to the Government. I thank the Minister, my hon. Friend the hon. Member for Corby, and his colleague, my hon. Friend the Member for Redditch, who has also worked closely with us on the Bill, for their patience and shared determination that the Bill should be as comprehensive and effective as possible. I am sure, though, that it will come as no surprise to the Minister that I have three final asks of the Government.
First, I impress on the Minister the importance of the Bill’s swift commencement. Clause 7 confirms that the Bill will come into force on the day appointed by the Secretary of State. However, every day before commencement is another day on which child marriage remains possible in this country. Will the Minister please do everything in his power to arrange for commencement to take place as swiftly as possible? In particular, will the Minister give his view on whether, should the Bill make good progress through the other place and pass into law, a commencement before the summer holidays is possible? So many children are taken abroad in the summer and I fear we will be failing in our duties in this place if we do not offer them the protection this summer that we in this House believe is necessary.
Secondly, as I mentioned at the start of my speech, changing the law is only one part of the solution. Changing attitudes and societal norms is the second stage, and I have already raised that with the Department for Education. Will the Minister please confirm that he will work closely with the Department to ensure that both children and teachers are informed about the change in the law in advance of the summer holidays, so that children who are at risk can be spotted? Not only schools will need updated guidance. Will the Minister also please confirm that updated guidance for the police and for the Crown Prosecution Service will be swiftly produced to help in the investigation and prosecution of crimes under this legislation?
Finally, but no less importantly, I would like to note one final point, which is one I regret. Unfortunately, due to marriage policy being devolved, the protections in this Bill extend only to children in England and Wales, or to children with a specific connection to England and Wales. At the moment, the Scottish Government and the Northern Ireland Executive do not have equivalent legislation, so children there will not be safeguarded. They also prevent the UK from completing its international obligations to end child marriage.
However, there are signs of change. The Northern Ireland Executive have launched a consultation on changing their marriage laws, and I hope that the Scottish Government will do the same. Will the Minister join me in a determined lobbying campaign to ensure that our colleagues in the devolved Administrations do the right thing and ban child marriage in their jurisdictions, too? I would be absolutely delighted if, in two years’ time, we were once again debating child marriage in this House to celebrate Scotland and Northern Ireland implementing similar pieces of legislation, so that all UK children would be covered and we would then be able to take out those provisions in this Bill.
In conclusion, I urge all hon. and right hon. Members to support my Bill. It will safeguard young people by establishing 18 as the legal age of marriage in this country, with no exceptions, giving a clear message to all that child marriage is totally unacceptable. Secondly, it criminalises anyone who causes a child to enter a marriage, offering protection from child marriage to all children growing up in England and Wales—a protection that applies both in this country and around the world.
Finally, the Bill helps the UK on its way to living up to its international obligations by banning child marriage in all its forms, and encourages the Scottish Government and the Northern Ireland Executive to follow suit. The Bill has the potential to impact millions of young people, and to prevent untold numbers entering into miserable child marriages. For the sake of children growing up now and yet to come, I commend the Bill to the House.
Mr Virendra Sharma (Ealing, Southall) (Lab)
Thank you, Mr Deputy Speaker, for calling me to speak on such an important Bill. I feel proud and privileged to be speaking here this morning and supporting the Bill.
I thank the hon. Member for Mid Derbyshire (Mrs Latham) for her tireless work in taking this Bill through Parliament. Her passion was evident in her powerful speech this morning. She has been tireless in her fight and deserves praise from all of us. I also want to register my thanks to the right hon. Member for Bromsgrove (Sajid Javid), who is no longer in his place, who began this journey for us before his return to the Cabinet. Indeed, I thank all fellow sponsors of this Bill, and all Members here supporting this important legislation.
Child marriage is not a thing of the past, but it should be. It is something that harms everyone—boys and girls, parents and children. It makes young girls into a commodity to be bought and sold. They are made to be women long before they are anything but children.
Marriage at 16 is a hangover from a different age, and it is right that we now step forward to close this loophole. We do so because it is the right thing to do. We do so because not to act risks consigning thousands more girls to abuse and controlling marriages, and because to act will empower thousands each year to seek education and employment for their own and indeed everyone’s good. The single biggest step that we could take today to invigorate the economy around the world is the economic empowerment of women.
Child marriage is outlawed in many countries around the world. It shames us that we lend some tacit approval to its continuation by allowing marriage at 16 here. We can lead by example, and live up to what we say abroad. We can slap down charges of hypocrisy by acting for ourselves and reaffirming our commitment to childhood.
Child marriage is often just another form of coercive control and abuse. Sadly, too often it is perpetrated by parents and siblings to force young women and girls into outdated behaviour owing to a misplaced and frankly heinous sense of so-called honour. The horrific murder of Banaz Mahmod in 2006, and the testimony of those who actually cared about her, including her sister Payzee Mahmod, show that honour and love have nothing to do with so-called honour killings and child marriage.
As a member of Ealing Council, I was proud to support the organisation Southall Black Sisters by providing their first official funding, because the work that they do matters. Sadly, that work is as necessary now as it was then. Not all child marriage is about abuse, and I know that some end in happy marriage, but that choice should be made by an adult for themselves, not forced on a child.
I must now share my personal family experience. My own mother, the late Ram Piary Sharma, married young, at only 14, and had her first child shortly after her 17th birthday. She had already brought one life into the world, and she was still a girl—a child. She was bright, intelligent, interested and driven, but poorly educated. Education was something that she insisted on delivering for her own daughters when life had denied it to her. She took the extraordinary step of starting a small school for girls in our village. While there had for many years been opportunities for boys to study, there was nowhere in my village, Mandhali, for a girl to learn. My mother secured a small room, hired a teacher from the next village to come and teach girls, and Bimla, my sister, was the first pupil. It was a great success, and soon many of our friends and neighbours were sending their girls too. My sister was the first to matriculate, and eventually went into further education, followed by my other three sisters. My mother put such value on learning and education, and it changed so many lives. Bimla trained to become a teacher and came back to Mandhali to teach another generation of girls, to change lives and make a difference, all because of the opportunities that not marrying young gave her.
My other three sisters also went into professional jobs, and none married young—they all married after the age of 22. My mother ensured that they knew the value of their learning and their responsibility to live the best life they could. That is the opportunity banning child marriage offers: the ability to shape lives for the better. Banning child marriage is not a ban on love and it is not state control; it protects the right to childhood, the right to a decent education and the right to a brighter future.
I feel honoured to participate in this debate.
Mr Louie French (Old Bexley and Sidcup) (Con)
I commend my hon. Friend the Member for Mid Derbyshire (Mrs Latham) for this Bill and for her tireless work and efforts to protect children and end child marriage. It is no surprise that this Bill has received cross-party and Government support, which reflects her thorough and attentive approach, alongside the strong necessity to update this area of law.
As my hon. Friend outlined, the Bill seeks to raise the minimum age of marriage and civil partnerships from 16 to 18 in England and Wales, which will bring an end to provisions allowing for 16 and 17-year-olds to marry or enter a civil partnership with parental or judicial consent. This Bill will also make it illegal for a person to arrange the marriage of another person under the age of 18 in England and Wales in those circumstances where it is not already illegal.
At the age of 16, a person cannot get a tattoo, vote, drive or buy alcohol. Most importantly, they are defined as a child under both the UN convention on the rights of the child and the Children Act 1989. A marriage or civil partnership is a lifelong commitment with significant legal and financial implications, and this Bill will allow girls and boys more time to grow, to be educated and to mature before making this serious commitment so that they can decide their own future.
At the grand old age of 34, I am still young enough to remember some of the mistakes I made at the age of 16 and 17, and they were not limited to my choice of clothes or haircut—some might argue that neither has improved. I could not fathom entering a marriage at the age of 16 or 17, nor having the maturity to make such a major decision when my experience of the world was so limited.
In discussing marriage today, this is certainly not the first time I have reflected on my life journey compared with that of my parents and grandparents. When I look at old family photos, often hiding in a dusty cupboard rather than in the cloud or on Facebook, I am always amazed at how young they look in their wedding photos. That is a reflection of how much times have changed even within my generation and my parents’ generation, let alone since these laws were originally made back in 1929.
I welcome the comprehensiveness of the Bill in closing the loopholes on child marriage and removing the significant barriers to protection and safeguarding in child marriage cases. The existing law covers cases where a parent or other third party uses violence, threats or another form of coercion to cause a child to enter into a marriage, and my understanding is that this does not cover situations where a child is caused to enter into a marriage where coercion is not used. This Bill closes that loophole by making it an offence to cause an under-18 to enter into marriage in any circumstances.
I also welcome that the Bill not only removes the parental consent exception but covers both civil and unregistered religious ceremonies, which are often the main source of child marriages, as we have heard. This helps to fulfil the safeguarding aim of the Bill, as the life-changing consequences of marriage are derived not only from the legal procedure but from the traditional or religious aspects, which are regarded as just as much as marriage by the parties, their families and their communities.
Again, I thank my hon. Friend and all the charities involved for shining a spotlight on this issue. It is also so important and significant that this Bill includes marriages that do not take place in this country as long as the child is a UK national and resident in England or Wales. Far too often, we see in the media extreme examples of outdated cultural practices of children being married to fully grown adults in foreign countries, and this Bill helps to protect children in both England and Wales. I hope—it is my sincere hope—that Scotland and Northern Ireland follow suit and we can protect all UK children.
I commend the holistic coverage of this Bill in closing those loopholes. I believe this to be a reflection of my hon. Friend’s years of focused work on the Bill and of the thorough manner with which she has steered it through the House, including by working closely with charities, Ministers and schools on its intent and provisions, which really get to the crux of the issue.
One of the main reasons I entered politics was to ensure that children are given the best chance in life, particularly through education and better opportunities. That is why I fully support the Bill. Throughout the pandemic, we have seen that the classroom really is the best place for our children—not only for learning, but for their safeguarding, mental health and wellbeing. The teachers and schools of Old Bexley and Sidcup do a remarkable job of giving local children the best life chances, and they rightly remain a source of local pride.
I am pleased that the Bill strengthens the safeguarding of children, because too often teachers spot the signs of child marriage, but unfortunately the police are unable to take any further action due to the parental consent given, the marriage not being legally binding or its not taking place in England or Wales. This is the perfect example of how the Bill gets to the heart of the issue and tackles all forms of child marriage.
I welcome the fact that evidence has shown that the number of people marrying at 16 and 17 in England and Wales has been in decline over the years. In 2016, there were 153 marriages involving 16 and 17-year-olds, which went down to 125 in 2019. Despite that decline, more needs to be done because every single child matters and deserves such protection, particularly as, unfortunately, child marriage is often a mechanism for abuse, as we have heard. Marriages under 18 often lead to a lack of education and job opportunities, physical and mental health problems, a loss of independence and an increased risk of domestic abuse.
While child marriage can impact on both girls and boys, the issue overwhelmingly affects girls, with 80% of those who married as children in 2019 being girls. I am proud that this Government are leading the way in protecting girls and women globally, including by making international commitments to end child marriage. This Bill will ensure that our country leads by example to eradicate the practice worldwide. As part of the UK’s world-leading efforts in tackling violence against women and girls—an agenda to which I am fully committed—the UK Government have announced £18 million of new UK funding to end child marriage, through partners at UNICEF and the United Nations Population Fund, and to benefit women and girls in 12 countries, including Sierra Leone, Uganda, Ethiopia, Bangladesh and Yemen.
As a nation we must continue to champion and promote girls’ education around the world, and I believe that this Bill complements that aim for the reasons outlined earlier, including, unfortunately, that one of the main consequences of child marriage is a lack of education. I therefore welcome the fact that this Bill will align our domestic and foreign policy, and help us in our goal to end child marriage and promote girls’ education around the world.
I fully support this Bill and herald it as a landmark piece of legislation that delivers significant social reform, provides a huge step forward in preventing child abuse, and allows the UK to continue to lead by example in protecting children, particularly girls, and women globally as well as here in the UK. I pay tribute to my hon. Friend, who has campaigned with such tenacity on this important issue and worked so hard to ensure that the Bill satisfies the overarching policy objectives so well.
Several hon. Members rose—
Mr Deputy Speaker (Mr Nigel Evans)
Order. Mr Speaker will come in just before 11 am for the urgent question. Whoever is on their feet at 11 am will be asked to resume their seat for the urgent question, and afterwards they can continue their speech, so do not be surprised by that if you are on your feet at that time.
Darren Henry (Broxtowe) (Con)
I thank my hon. Friend the Member for Mid Derbyshire (Mrs Latham) for introducing the Bill and allowing me to be part of this debate. The Bill seeks to bring laws on marriage into the 21st century. As my hon. Friend the Member for Old Bexley and Sidcup (Mr French) pointed out, this is an issue that overwhelmingly affects women and girls, with 80% of under-age marriages in 2018 being undertaken by girls. It should be made clear that the introduction of the Bill is not about removing choice: it is about essential protections for children.
The Bill seeks not only to make marriage illegal for under-18-year-olds, but to create an offence for anyone to arrange the marriage of a person under the age of 18. The commitment of a marriage or civil partnership is not one that anyone should enter into lightly or without full knowledge and consent. Child marriage happens across countries, cultures, religions and ethnicities. It happens all around the world, but in this debate it is essential that we address the fact that many such marriages are created out of coercion.
Forced marriages are illegal in the UK, however when a person under the age of 18 is pressured to get married, research has shown that it is often by a family member. Reports show that young people in those situations do not merely lack the resources to report coercion but are often put in the impossible position of having to report on a parent or loved one. That can leave young girls of 16 faced with a choice between sending a parent to prison and being forced to marry. Other repercussions reported by survivors include being ostracised by their families and even communities. No child should be put in that position, and the Bill will take us one step closer to ensuring that no child will have to make that choice.
Child marriage has also been shown to be strongly linked to female genital mutilation, the practice of the cutting or removal of some or all of the external female genitalia. Female genital mutilation is growing every year in this country and we must be clear that it is not a cultural practice and has nothing to do with ethnicity or religion. As mentioned by my right hon. Friend the Secretary of State, who is no longer in his place, it is a form of child abuse, and it should not be treated as anything less. Social stigma is often the reason the practice continues, and that must be tackled in our schools and local communities.
UNICEF estimates that 720 million women alive today were married when they were children. Research by Girls Not Brides has shown that every year 12 million girls are married before the age of 18. That amounts to 23 girls every minute, or one nearly every three seconds. The UK should rightly be proud of our record in supporting and championing the rights of women and girls at home and abroad. For years we have fought to end child marriage in other countries, and in fact the UK has signed two international human rights conventions demanding that child marriage be ended in signatories’ jurisdictions. However, how can we continue to advocate so passionately for the end of the practice when we still have loopholes in our own law that allow under-18-year-olds to marry? It is vital that we demonstrate that a child marriage is not accepted in the UK, and we will do so through the Bill.
Studies are clear: under-age marriage has been shown to lead to lower education and employment opportunities, an increase in mental health problems and a higher incidence of domestic violence. During the covid-19 pandemic, it was reported that cases of child marriage were on the rise. Children were not in school and therefore were less able to access support, which meant that it was far harder for schools and communities to provide that support. We have a duty of care in this country to protect our children. As a father, I cannot imagine how I would feel if a child of mine were in a situation in which they were made to marry.
If we can pass the Bill and ensure that fewer children are put into that position, we must do so. As child marriage does not have one cause, it does not have one solution. Ending the practice of child marriage will take the efforts of many communities, individuals and Governments, but the Bill will continue the process of its eradication. We have a duty, as Members of Parliament, to ensure that no more children enter into marriage, which is why I must support the Bill today.
Sally-Ann Hart (Hastings and Rye) (Con)
I welcome the Bill, which is to:
“Make provision about the minimum age for marriage and civil partnership, and for connected purposes.”
When I was researching the Bill to write this speech, I came across an American news channel reporting that the minimum age for marriage in Carolina was going to be raised from 14 years old to 16 years old, that the teen’s spouse would be required to be no more than four years older, and that the teen’s written parental consent would be required to marry. I have to admit that I was rather flabbergasted. A 14-year-old is a child. A 16-year-old is a child.
Time and again, as with the trauma of the poor Russian skater, Kamila Valieva—who is a child at 15—at the recent winter Olympics that I am sure many hon. Members witnessed, we see situations where adults are not making the right or best decisions for children. Children are children until they reach adulthood at 18 years old. It is absolutely right that the Bill has been brought forward by my hon. Friend the Member for Mid Derbyshire (Mrs Latham), and I welcome the fact that it and the amendments discussed earlier today have been supported by hon. Members on both sides of the House and by the Government.
Children need to be children, to be permitted to be children, and to enjoy all the joy and freedom without adult responsibilities. Child rights are fundamental freedoms and must be inherent in all children under the age of 18, irrespective of race, religion, sex or any other status. Children are not the property of their parents. They are human beings and they have rights.
The convention on the rights of the child sets out the rights that must be realised for children to develop their full potential. It offers a vision of the child as an individual and as a member of the family and community, with rights and responsibilities appropriate to his or her age and stage of development. In recognising children’s rights in that way, it firmly sets the focus on the whole child.
All children should have and deserve to have access to opportunities. Children are innocent. They are full of hope and joy, and they are trusting. Rather than be thrown or forced into an adult life, they should be allowed to mature gradually through new experiences that are age appropriate. It is a travesty that for far too many children, the reality of their childhood is all too different. Throughout history, children have been abused and exploited by adults, whether through slave labour, hunger, homelessness, limited education opportunities and so on.
Childhood must be protected and children should be allowed and encouraged to develop in their own time. Marriage or a civil partnership is an adult decision and requires thought. A party to a marriage should not take a passive approach. It is not something for someone to go along with or have done to them—it requires mature thought. Marriage is an important part of building healthy and protected relationships, families and societies.
Marriage should not cause harm to either party. Early and forced marriages often take place in communities where there is a wider social context that denies women’s and children’s rights. Currently, in England and Wales the minimum age for marriage or civil partnership without parental or other third-party consent, or judicial consent, is 18. A person who is 16 or 17 may marry or form a civil partnership only with consent—with some very rare exceptions, in which a 16 or 17-year-old is a widow or widower, or a surviving civil partner. A marriage or civil partnership is void if either of the parties is under the age of 16.
The Bill would raise to 18 the minimum age for marriage and civil partnership in England and Wales. That might affect marriages and civil partnerships that take place outside England and Wales. A change in the common law will also mean that any marriages involving under-18s that take place overseas, or in Scotland or Northern Ireland, will not be legally recognised in England and Wales if one of the parties is domiciled in England or Wales. That change to recognition will also apply to civil partnerships. I acknowledge the amendments tabled by my hon. Friend the Member for Mid Derbyshire about issues to do with Scotland and Northern Ireland; I, too, encourage Scotland and Northern Ireland to take the Bill on board.
The Bill will also make it illegal for a person to arrange the marriage of a person under the age of 18 in England and Wales in circumstances where that is not already illegal. In 2018, the most recent year for which data is available, 147 16 to 17-year-olds entered into a legally binding marriage with a person of the opposite sex, representing a very small proportion—0.06%—of all marriages that took place in England and Wales in 2018. Marriages of same-sex couples or civil partnerships are not reported with a detailed age breakdown. The issue is about not the small number, but each of those individuals who have had something done to or for them over which they have had no control.
The majority of 16 to 17-year-olds who marry are female. In 2018, 119 of the 16 to 17-year-olds getting married were female, while 28 were male. Over the past five years, an average of 79% of all 16 to 17-year-olds getting married have been female. UNICEF considers that child marriage is a violation of human rights, regardless of sex, but has emphasised that child marriage often compromises a girl’s development by resulting in early pregnancy and social isolation, interrupting her schooling, limiting her opportunities for career and vocational advancement, and placing her at increased risk of domestic violence. Although the impact on child grooms has not been extensively studied, marriage may similarly place boys in an adult role for which they are unprepared and may place economic pressures on them and curtail their opportunities for further education or career advancement.
Gender equality and ending the exploitation of women and girls are vital. One of the United Nations sustainable development goals agreed by world leaders is to eliminate all harmful practices such as child early and forced marriage and female genital mutilation. The UN Committee on the Rights of the Child recommends that there should be no legal way for anyone to marry before they turn 18, even if there is parental consent.
The Bill would also expand the existing criminal law on forced marriage to make it illegal for a person to arrange the marriage of a person under 18 in England and Wales. In 2020, the forced marriage unit gave advice or support in 759 cases related to a possible forced marriage and/or possible female genital mutilation. A significant majority related to forced marriage, as my hon. Friend the Member for Mid Derbyshire has already pointed out. The forced marriage unit notes that the overall case number represents a 44% decrease on the average number of cases received annually between 2011 and 2019, which was 1,359. The decrease is thought to be attributable to the pandemic, owing to restrictions on weddings and overseas travel.
Proceedings interrupted (Standing Order No. 11(4)).
Marriage and Civil Partnership (Minimum Age) Bill
Monday 28th February 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Marriage and Civil Partnership (Minimum Age) Bill
Friday 1st April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Baroness Sugg (Con)
My Lords, I am delighted to speak to this Bill, which will end child marriage in England and Wales.
I start with some thanks: to Sajid Javid, whose Private Member’s Bill this originally was before he got promoted, and to Pauline Latham MP, who has campaigned tirelessly on the issue of child marriage and steered the Bill through the other place compellingly and effectively. I also thank the many campaigners—organisations and individuals—who have worked so hard to highlight the issue of child marriage: Girls Not Brides UK, IKWRO, Karma Nirvana, Forward UK, the Independent Yemen Group and Garden Court Chambers. I pay particular tribute to Payzee Mahmod and Farhana Raval, who are joining us today. They have taken their experiences and used them to campaign for positive change. Finally, I thank the Government and the Bill team at the Ministry of Justice and the Home Office, who have supported this piece of legislation and worked with Mrs Latham to ensure that the Bill is as comprehensive as possible, which was reflected in the amendments on Report in the other place.
I will briefly set out the purpose of the Bill. First, it will remove the exception which currently allows 16 and 17 year-olds to get married or enter a civil partnership with parental or judicial consent in England and Wales. The existing law has been in place for over 70 years and reflects social values from a different time. We live in a different world now. The numbers of children that marry given this exception are relatively low—fewer than 200 children every year. So, the impact on those children who wish to marry will be minimal: they will have to wait only a maximum of two years. But the impact of England and Wales setting its legal age of marriage unambiguously at 18 will send a message, both here at home and around the world, that child marriage should be a thing of the past.
The second provision will make it a crime to organise any unregistered marriage involving a child in England and Wales, creating a new offence of arranging the marriage of a child. That is a key part of the problem we are trying to solve. The number of cases of child marriage in the UK I gave earlier does not reflect the true extent of this issue. Of the cases involving potential child marriage reported to the Home Office-commissioned national honour-based abuse helpline delivered by Karma Nirvana in the year to September 2021, only four related to civil marriages. There were almost 20 times as many cases which involved only a religious ceremony—over 95% of all cases. The Girls Not Brides UK coalition, which has done excellent work on this campaign, has shockingly been involved in cases where the child being married was under 10 years old.
We know from first-hand experiences that the religious ceremony is the most important part of the marriage in the eyes of the family and the community of the child. There is currently, unbelievably, no age limit on unregistered marriage. The only requirement is that it is not forced or the victim lacks capacity to consent, and we know that under the current law proving a forced marriage where it involves children is extremely difficult.
This offence will be triggered by any conduct which causes a child—under 18—to enter into a marriage, whether civil or religious. Crucially, unlike in forced marriage, there is no need to prove coercion or control, and this takes the onus away from the child to show that their marriage was forced and will make prosecutions easier and the deterrent that much stronger. We must be clear that the criminal offence is not about criminalising the child. The child is the victim in every case, and the criminals will be the adults who organise these marriages.
The final key provision is on extra-territoriality. The Girls Not Brides UK coalition, as well as the Government’s Forced Marriage Unit, have seen plenty of evidence which suggests that very often children who live in the UK are being taken abroad—often to a country where extended family live—in order to be married. Sometimes they will be taken abroad for just a few weeks, but sometimes for many months or even years, as was the case for Farhana. So, it is crucial that this offence captures this conduct because it is just as damaging to the prospects and life chances of victims if the marriage takes place here in the UK or overseas.
Therefore, this Bill will also cover marriages involving anyone anywhere in the world where the child or the person arranging the marriage lives in England and Wales, and in the case of UK national children also those that have at any point lived in England or Wales, unless they live in Scotland or Northern Ireland or deem one of those countries their permanent home. This offers protection to all children growing up in this country and removes any incentives for the parents to leave the UK in order to avoid the criminal law.
It is not just in the UK that the implications of this legislation will be felt. The UK is of course committed to achieving the UN’s sustainable development goals, target 5.3 of which is to
“Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation”
by 2030. This specifically applies to both religious and non-religious child marriages.
When I was a Minister at the FCDO, the position here at home risked undermining the excellent work we did on child marriage around the world. Through this Bill we are helping England and Wales to meet the SDGs and set an example to the rest of the world by prioritising children’s futures.
I will end with two asks of the Minister. First, Clause 7 confirms that the Bill will come into force on the day that the Secretary of State appoints. We know that every day before commencement is another day in which child marriage remains possible in this country. This week alone, Karma Nirvana has received calls to its national helpline regarding two girls, both aged 15, with significant concerns that they will be taken abroad over the Easter holidays to get married. We know that many children are taken abroad during school holidays, and with the summer holiday being a notable risk period, I hope the Minister can give me an expected commencement date and explain what needs to happen before then.
Secondly, changing the law, as we know, is only one part of the solution: we must also change attitudes and societal norms. Can the Minister confirm that Ministry of Justice and Home Office will work closely with the Department for Education to ensure that both children and teachers are informed about the change in the law so that they can help spot children who are at risk? It is also important to ensure that the statutory guidance on forced marriage is appropriately updated to reflect the legislative changes.
Please could the Minister also confirm that updated guidance for the police and the Crown Prosecution Service will be swiftly produced to help in the investigation and prosecution of crimes under this legislation?
I hope noble Lords from all sides of the House will give their full support to this Bill. I beg to move.
The Lord Bishop of Worcester
I welcome the Bill warmly and in doing so, thank the noble Baroness, Lady Sugg, and all those who have worked very hard on it. It takes very important steps to protect exploited young people, especially girls. Having welcomed the Bill, I want to raise one consideration that seems, so far, to have gone relatively unremarked upon during its passage. I hope that it will be noted by the Government and returned to at a later date.
The legislation will leave unchanged a person’s being presumed under the law to be able to consent to sex from the age of 16, and to the bearing of children as a result, but under it they will not be able to have sex or a bear a child within a married relationship until they turn 18. While society has long abandoned the ideal that all sex and childbearing belongs within marriage, and marriage law had failed to recognise same-sex relationships until recently, I think this will be the first time that the law would specifically prohibit a legally conceived child of two consenting parents from being born inside a married relationship. I expect that for very many people this falls into the category of “who cares”, but it is at least worth registering this precedent, and that it constitutes a removal of a choice.
At the Second Reading in another place, Pauline Latham seemed unconcerned:
“It is outdated to talk about people having children out of wedlock being a sin. If a girl becomes pregnant on her 16th birthday, she will not have the baby until she is almost 17—16 years and nine months—and she has to wait for only another year and three months until she can get married. In that time, she and the person that she has become pregnant by—whether that is by design or not—will, between them, be able to judge whether that is the right choice for them. Clearly, children being brought up in a loving household is obviously the best thing for everybody. Eighteen is the age at which marriage should happen, not before.”—[Official Report, Commons, 19/11/21; cols. 816-17.]
The issue here is the incoherence of much current age-based consent policy. While the trend has been downward on sexual maturity, it has been upwards on public health, criminal and other responsibility. It is surely an oddity that you can conceive and give birth to a child at 16, or leave home, but you cannot get a tattoo or, soon, get married.
There was a speech in Committee in the Commons about consent and mental capacity generally from Ben Spencer, who is a doctor, but he did not want to delay progress by tabling any probing amendments. The most we have had by way of deliberation is an exchange between Tim Loughton and Pauline Latham. Tim Loughton said:
“given this important legislation, does she now think that there are other areas of this whole grey area of what constitutes a child—16 or 17, up to 18 —that the Government need to look at as well?”
Pauline Latham responded:
“yes, I think that the Government need to look at everything to do with a child’s rights up to the age of 18. Perhaps the Minister will take that back to Government for them to look at all sorts of things that happen at all sorts of different ages, so that we know where children can and cannot do things. I think that would make it much simpler.” —[Official Report, Commons, Marriage and Civil Partnership (Minimum Age) Bill Committee, 12/1/21; col. 6.]
In supporting this Bill and welcoming it warmly, I ask that the Minister take note of these considerations and take them back to the department.
Lord Lilley (Con)
My Lords, it is a great pleasure to follow the noble and right reverend Prelate, who makes a very important point. I congratulate my noble friend Lady Sugg on her excellent speech and on bringing the Bill to this House, my old friend Sajid Javid for initiating it in another place, and Pauline Latham for carrying it forward.
I want to make two and a half brief points. First, any age limit that we make is bound to be somewhat arbitrary, but the least we can do is try to be consistent. You cannot leave full-time schooling until you are 18, so how can you be allowed to decide the whole of the rest of your life by committing yourself to marriage at a younger age? If you cannot fight for your country, how can you be allowed to commit yourself for the whole of your life in marriage? You cannot buy a knife, or fireworks, or go on a sunbed if you are under 18; you cannot even take out a mortgage to acquire a house in which, as a married couple, you will wish to live, if you are under 18. We have recently been debating in this place how to treat children and to determine whether they are or are not children by whether they are under 18 or above. I can think of no good reason to allow marriage—a commitment for life—at a younger age than 18.
My second point is that if we are setting the age of marriage, we should try to do so to protect the most vulnerable. In setting it at 18, we are clearly not going against the prevailing practice in society at large; there are only 147 registered marriages of people aged under 18 in the most recent year. However, as my noble friend Baroness Sugg pointed out, there is clearly a problem with unregistered religious marriages, which can happen at a lower age in certain communities and indeed abroad, that we need to try to discourage and prevent. This Bill will help protect young people by giving them a defence in law against that and by making it easier for other members of the family to stand up against pressures in the community that force them towards an earlier marriage.
My second-and-a-half point goes beyond the scope of the Bill. It acknowledges that we can to a degree influence through our legislation in this country what happens in other countries. We cannot determine their laws, but we can influence their practice—my noble friend Lady Sugg made that point in another respect. We rightly give priority to spouses of people coming to live in this country, but that can create pressure on people, both men and women—I have known it as frequently among young men as among young women—to marry early in order to bring someone to this country, essentially for reasons of immigration rather than of matrimony. A number of Scandinavian countries therefore give spousal visas only to people over the age of 25. I hope that we will consider that in this country too, if not as part of, or as an amendment to, this Bill, then in some other form.
I support this Bill and wish it every success. I am glad it has the support of both sides of this House.
Baroness Hussein-Ece (LD)
I too thank the noble Baroness, Lady Sugg, for so ably and comprehensively introducing this Bill today in your Lordships’ House. It is hugely welcome and I warmly welcome it. I also thank the honourable Lady, Pauline Latham MP, who introduced it in the other place. I have had the pleasure of working with her as a co-chair—I should perhaps declare an interest, as the noble Baroness, Lady Sugg, Pauline Latham and I are all co-chairs on the All-Party Parliamentary Group on Population, Development and Reproductive Health. We have campaigned for many years to bring this Bill forward and to raise the minimum age for marriage to 18. Indeed, I tried unsuccessfully to introduce a Private Member’s Bill in 2020, so it is a huge pleasure to be here to support this Bill.
As others have said, it seems extraordinary that it is still legal for children to marry in the UK with parental consent. We have finally accepted that we must ensure that young people are protected and are no longer potential victims through this loophole. Many unregistered child marriages are never reported nor captured by statistics, so we do not know the full extent of the numbers. The current ambiguity in the law has been a barrier to protecting young people. I think and hope this Bill will address this and offer more protection for those unregistered marriages.
The UNICEF definition of child marriage is very clear: child marriage is
“any formal marriage or informal union between a child under the age of 18 and an adult or another child.”
In its 2016 report, the UN Committee on the Rights of the Child recommended that the UK raise the minimum age of marriage to 18 across all UK jurisdictions, overseas territories and Crown dependencies. As has already been mentioned, under the UN SDGs, the UK pledged to end all harmful practices, including child marriage, by 2030. I am very pleased that we are well ahead of this, in bringing this Bill forward now. It is important that, while the UK has quite rightly been forthright in asking other, developing countries to raise the minimum age to 18, it has lagged behind in getting its own house in order. This Bill will ensure that that work is no longer undermined.
Parliament has already recognised that, by raising the minimum age for leaving education or training to 18, childhood should be safeguarded as an important time for learning and development; and 18 is the minimum age for entering into most contracts, as has been mentioned, purchasing alcohol and tobacco, and even getting a tattoo. I did not know that you could not have a tattoo until you are 18, not that I have one—there is still time.
Child marriage is impacting children from the UK and is also being perpetrated by men from the UK against children overseas. These are registered marriages, which are recognised under British law, as well as religious or customary traditional ceremonies, which we know can happen at any age—there is no minimum age for those. We know unregistered child marriages cause similar damage to registered marriages.
I was pleased to attend a religious marriage ceremony of a close family relative about 18 months ago in the Cambridge Mosque. I heard from the couple who were taking part in the Muslim blessing and ceremony that, before the service took place, they were required to show their passports and ID to prove that they were over 18 as well as resident in the UK. In addition, before the ceremony took place, the imam conducting it emphasised that this ceremony was not recognised in UK law and that they must hold a civil service at a registry office or similar place to ensure their marriage was legitimate and legal, as soon as possible. I thought this was a very welcome example of good practice that really needs to be rolled out more widely. Unfortunately, we hear stories that this does not always happen in other religious ceremonies.
I ask the Minister: how will we ensure that proper guidelines will be updated by all agencies and appropriately enforced, as well as sending guidelines out to the various religious temples, mosques and other places where these ceremonies are likely to take place? Education and enforcement, as well as proper guidelines, will be key to ensuring that this is a success. This Bill, although overdue, is nevertheless a significant and hugely welcome social reform and I am very pleased it has the Government’s support.
Lord Cormack (Con)
My Lords, speaking briefly in the gap, I add my congratulations to my noble friend Lady Sugg. This is an important piece of legislation. Let us not mince our words: this is directed at not arranged but forced marriages, of which one is too many. I was very glad that the noble Baroness, Lady Hussein-Ece, talked about her experience at the Muslim marriage last year. That was exemplary good practice and should be the common practice.
We have to face the fact—this was alluded to by the right reverend Prelate the Bishop of Worcester—that it is still going to be legal for a young couple aged 16 or 17 to have a child. That troubles me, I am bound to say. I wish that we could move towards the universality of adulthood at 18. I think that would be a social advance of real importance. However, clearly, the forced marriages that we are essentially concerned with today are things that deface our society when they happen and when young people are whisked away to a foreign country, as has been said.
The thing that has really provoked me into making a brief contribution today has been the work of the noble Baroness, Lady Cox, who is not here this morning. She has done some absolutely superb work in persuading or instructing a number of us on just what problems are caused by the application of sharia law and what is, frankly, the abduction of children of 14 or 15, who are taken away and forced into marriage. I pay tribute to the noble Baroness, Lady Cox, in her absence for all the campaigning work she has done in your Lordships’ House on so many humanitarian fronts over so long.
I end by again endorsing what the noble Baroness, Lady Hussein-Ece, said: 18 is the right age. It should be recognised by all imams, as it was by the one at the marriage ceremony that she attended. We are going to take a step forward in helping a few young people— 147 was the number quoted by my noble friend Lord Lilley. It is not a vast number, but it is certainly 147 too many. If this new law can come into force and the Minister can expedite its introduction, my noble friend Lady Sugg, my right honourable friend Sajid Javid, and my honourable friend Pauline Latham will, together, have performed a very notable service, with the backing of Members from all parts of both Houses. I give my total support.
Lord Blunkett (Lab)
My Lords, given how long I have been in this House, I ought to know the rules and conventions relating to the gap—but I do not, so I will be extremely brief. I congratulate the noble Baroness, Lady Sugg, on her very articulate and clear explanation of the rationale for this legislation, and all those who have campaigned and made this possible. I have to be clear: I did not know that this was coming through to us until I met Pauline Latham on a train and had a conversation about it. I should, as a parliamentarian, have been aware of what was coming down the line, but, if I did not know, I am presuming that a large number of the population out there did not know that we were taking this Bill through the Lords, and hopefully getting assent before the end of this Session.
I just want to make two or three points. One, which the noble Baroness, Lady Sugg, made very clearly, is that we do now need to reach out and make sure that all those who are related to public policy implementation or who work with young people are actually aware of the change. Secondly, to pick up the point made by the right revered Prelate, it is interesting that public policy and private practice are sometimes different and sometimes have to be brought together. I was responsible for piloting the Sexual Offences Act through in 2003. Much has been built on that since, as we make progress in an incremental way.
I just want to counsel that we need to be very careful about hectoring, especially—if I may say this to my good friend, because I have done a lot of business with him, the noble Lord, Lord Cormack—when old men are talking about what 16 and 17 year-old men and women—children, if you will—are actually doing in their private lives. I did bring in clarity—and clarification was needed—in relation to rape for those affected who are under the age of 16, which did not exist until the 2003 Act. We should be careful how we deal with this, because the public policy changes that we are bringing about in this Bill, which I very much welcome, are sensible, rational and have a very clear intent. Let us not move at this stage down the road of telling young 16 and 17 year-olds, who are experimenting in their lives and coming to adulthood, what they should do, other than guiding them to be extremely careful about their private behaviour and how that might affect the rest of their lives.
I take the point entirely about loving relationships. I was going to say “preach”, but actually, in my early days—God help me—I was a Methodist local preacher. I still have some of it inside me. They asked me if I would stop doing it on the grounds that I clearly was going to be a politician, not a minister, so I am not going to go down that road other than to say that when the late Simon Hughes suggested changing the law to make marriage legal at 17, I was very supportive of that, and I am incredibly supportive of this legislation today. But let us not muddle the different aspects of what we are trying to achieve because, if we do, I fear that there might be a revolution out there, as Members of the House of Lords dictate to 16 and 17 year-olds how to conduct their lives.
Lord Collins of Highbury (Lab)
My Lords, I too thank both the noble Baroness, Lady Sugg, for introducing this Bill, and Pauline Latham MP, who led it through the Commons. Many of my colleagues would have liked to have been here to support this Bill, but they are attending the memorial service for Ted Graham, our former Chief Whip, in Enfield.
I reiterate that the Bill has full Labour support. My honourable friend Andy Slaughter, Shadow Justice Minister, called it an
“important and substantial step forward”.
I too would like to pay tribute to all the campaigners who have delivered this. It is often politicians who do the last bit of the legwork, but it is the campaigners out there, in civil society, who do the work to see this sort of legislation through. Like the noble Baroness, Lady Sugg, I pay tribute to two here today: Payzee Mahmod and Farhana Raval. It is good to see them, and I hope they will be pleased with the debate we are having today.
This Bill has already passed through its Commons stages, so hopefully it will progress very quickly to become law before Prorogation. There has been significant cross-party co-operation and consensus throughout the Bill’s stages. As we have heard today, in 2018, fewer than 150 15 and 16 year-olds entered marriage, out of a total of 235,000 marriages in England and Wales. However, these figures understate the issue. Allowing marriage as young as 16 encourages those who support child marriage at an even younger age, and has the potential to set a dangerous precedent.
Raising the age to 18 draws a clear line between child and adult. This Bill ensures that there are no circumstances under which a child can be legally married or enter a civil partnership under the age of 18—something that the UN Committee on the Rights of the Child asked for back in 2016. As the noble Baroness, Lady Sugg, said, it conforms to the SDGs, which we are committed to deliver on, certainly including the rights of women in relation to this Bill.
Barnardo’s, the children’s charity, has raised concerns that marriage for children aged 16 or 17 can result in their experiencing domestic violence and sexual abuse, and missing out on important educational opportunities. Adopting this Bill will enable the concerns to be addressed that marriage at such a young age can leave vulnerable young people open to coercion and forced marriage. Sixteen and 17 year-olds make up over 10% of forced marriages. These vulnerable children need our protection, and I am grateful to be here on behalf of the Opposition to support the Bill.
The office of the United Nations High Commissioner for Human Rights defines child marriage as
“any marriage where at least one of the parties is under 18 years of age.”
It defines forced marriage as
“a marriage in which one and/or both parties have not personally expressed their full and free consent to the union.”
The High Commissioner’s view is that all child marriages equate to forced marriages, as a child cannot give full, free and informed consent.
I agree with the noble Lord, Lord Lilley, and my noble friend Lord Blunkett that the issue is about addressing a specific problem: that children need protection. As my noble friend said, it is not about intruding into their lives in the bedroom—or wherever else they may be in developing their sexuality. That is a matter for them, and we should not interfere with that.
This issue of forced marriage overwhelmingly impacts women and girls. An astonishing 80% of those who married as children in 2018 were girls. There is also the issue of individuals who do not report forced marriage. Specially trained staff in schools are absolutely vital in looking out for the signs of forced marriage but there is a concerning lack of similar training for registry office staff. We need to look at that in terms of developing the best practice that the noble Baroness, Lady Hussein-Ece, referred to.
Only about a fifth of reports to the Forced Marriage Unit in 2019 were from the victims themselves. Most reports—64%—were from professionals, such as those in education, social services and the legal and health sectors. I reinforce the point made by my noble friend Lord Blunkett that this means that training and support for those sectors is even more important than ever.
The current law is outdated, and, as the noble Lord, Lord Lilley, said, family life has moved on significantly since its inception. The fact that a young person must remain in education until he or she is 18 but can marry at 16 is a bit bewildering, and there is no place for it in the 21st century.
Lord Blunkett (Lab)
Before my noble friend sits down, I need to apologise to the House and in particular to the right honourable Simon Hughes. It has been pointed out to me that he is well and alive. I had better get that on the record.
Lord Collins of Highbury (Lab)
I happen to know he is well and alive too, having seen him fairly recently. I thank my noble friend for that intervention.
I conclude by saying, as I said at the beginning, that the Bill is a crucial and substantial step forward in correcting the situation. On behalf of the Opposition, I wish it well in its remaining stages.
Baroness Penn (Con)
I thank my noble friend Lady Sugg for introducing this important Bill. I also acknowledge the work of Pauline Latham MP in successfully taking it through the other place so that we can be here today, and thank Sajid Javid for his work on initiating the Bill. I confirm my unreserved support for the Bill on behalf of the Government and hope to see it complete its journey so that our society can benefit from the positive change that it seeks to bring.
I also thank all other noble Lords who have taken part in this short debate, particularly the noble Baroness, Lady Hussein-Ece, who, as she herself noted, has made her own efforts to legislate in this area. I also thank the campaigning organisations highlighted by my noble friend Lady Sugg and echo her words about our visitors today, Payzee Mahmod and Farhana Raval.
The purpose of the Bill is to stop child marriage and civil partnership in England and Wales. There are two ways in which children can currently marry. First, they can have a legally binding ceremony at 16 or 17 if they have permission from their parents or a judge. We will end this aspect of child marriage by requiring all parties to be 18 before they can enter a legal marriage or civil partnership.
Secondly, at present, children of any age can take part in “marriage ceremonies” which are not legally binding. Often these will take place in community or traditional settings. Although not legally recognised, these marriages are recognised by the communities in which they take place and they come with many of the same expectations. We must ensure that children are protected from such marriages. The Bill therefore also expands the offence of forced marriage to make it illegal to arrange for any child to enter into any type of marriage without the need to prove that coercion was used.
The changes to the legal age of marriage impact only individuals who wish to marry aged 16 or 17. The impact is therefore temporary. As soon as they turn 18, they can get married if they choose. We must protect the important institution of marriage by ensuring that parties enter into it freely, and that they are mature enough to make a lifelong commitment that has significant legal and financial consequences. We must give relationships the best possible chance of success. By raising the age of marriage to 18, we are ensuring that parties have a suitable level of maturity, which is likely to reduce the risk of relationship breakdown in the future.
I note the point made by the right reverend Prelate the Bishop of Worcester and my noble friend Lord Cormack and acknowledge that there are different minimum age limits for different activities. I point out to noble Lords that a number of European countries have set the minimum age of marriage at 18 and maintained a lower age for sexual consent, including Denmark, Sweden and Ireland. The disconnect between age of marriage and age of consent is already evident in the low numbers of 16 and 17 year-olds marrying; as noble Lords noted, it was 134 in 2018. The Government are committed to ensuring that children and young people are both protected and supported as they grow and develop in order to maximise their potential and life chances. This includes having the opportunity to remain in education or training until they reach the age of 18. Child marriage can deprive them of these important life chances, and girls in particular are at risk of disadvantage.
Child marriage does not only carry a risk of relationship breakdown; research shows that it is often associated with leaving education early, limited career and vocational opportunities, serious physical and mental health problems and an increased risk of domestic abuse. Girls are more likely to be the victim of child marriage and are therefore more likely to suffer these adverse effects. The Bill plays an important role in the Government’s ambitions to end crimes which disproportionately affect women and girls—in this case girls. Indeed, in our Tackling Violence against Women and Girls Strategy, published last July, we committed to ending child marriage as soon as a legislative vehicle became available, as we are now doing.
The Tackling Violence against Women and Girls Strategy is not the only place in which the Government have committed to ending child marriage. As my noble friend helpfully explained, we have also signed up to the UN sustainable development goals, which require all countries to
“Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation”
by 2030. This is not an issue unique to England and Wales but a global injustice which must be stopped. It is estimated that 150 million girls will become child brides by 2030 if more is not done to prevent this happening. We in England and Wales have the opportunity to demonstrate leadership in this area and set the right example both at home and abroad.
The Bill will not change the age of marriage in Scotland or Northern Ireland as marriage is a devolved matter. Therefore, the age of marriage in Scotland will remain at 16 and in Northern Ireland 16 with parental or judicial consent, although we note that colleagues in Northern Ireland have recently consulted on changing that. Of course, we hope that Scotland and Northern Ireland will soon also raise their legal age of marriage to 18. If a couple travels to Scotland, Northern Ireland or any other country abroad to marry, if either of them is 16 or 17, and if either of them has their permanent home in England or Wales, that marriage will not be legally recognised in England and Wales. It will also not be legally possible for that couple to marry in Scotland due to existing Scottish law.
As I mentioned, the Bill also expands the offence of forced marriage such that it is always illegal to cause a child to enter into a marriage. Currently, that is illegal only if violence, threats or other forms of coercion are used, or if the child lacks capacity to consent to the marriage under the Mental Capacity Act 2005. This Act does not cover all children merely by virtue of their being children; other capacity criteria must also apply. Now it will be illegal to carry out any conduct for the purpose of causing a child to enter into a marriage before their 18th birthday, whether or not the conduct amounts to violence, threats or any other form of coercion or deception.
The person carrying out that conduct will be subject to this new part of the forced marriage offence if the marriage is to take place in England or Wales, or at least one of the victim or the perpetrator is habitually resident in England and Wales, or the victim is a UK national who has at some point been habitually resident in England and Wales, and who is also neither habitually resident nor domiciled in Scotland or Northern Ireland. This ensures that the law covers all circumstances where there is a connection to England and Wales even if the marriage takes place elsewhere, helping to prevent children being taken out of the country deliberately to marry.
It is not the intention or the expectation that children who are parties to the marriage will be prosecuted. This change, as with existing forced marriage legislation, is principally about third parties who arrange the marriage.
It may be helpful if I say a little more about what conduct counts as “causing” a child to enter into a marriage. It will of course be for the courts to interpret this in practice, but we expect and intend that the behaviour covered will be that which is involved in initiating the process of marriage, such as inducing and persuading the child to marry. This aligns to the behaviour generally covered by the existing forced marriage offence and is the natural meaning of the word “cause”. It will often, although not always, be the parents who do that in these cases.
We do not envisage that the offence would extend to people who contribute to a process which is already under way, such as people who make financial contributions towards a marriage or those who assist in practical arrangements, such as hiring out a hall. On the same basis, it should also not cover the activities of registrars and celebrants in facilitating the proceedings of a legal marriage. This is unlikely to become an issue for those in England and Wales, given the increase in the age of marriage in the Bill, but is potentially an issue in the odd case involving, say, the marriage in Scotland or Northern Ireland of a 16 or 17 year-old who is habitually resident in England and Wales.
I now turn to the specific asks of the Government made by my noble friend Lady Sugg. First, she asked for a date when the Government expect commencement to take place. As Minister Pursglove stated during Third Reading in the other place, a number of implementation tasks must be completed first. This includes updating the General Register Office’s IT systems, so that it is no longer possible to give notice to marry at age 16 or 17. It also includes updating secondary legislation impacted by the law change. Forced marriage changes will impact on multiple agencies, requiring updates to guidance, systems and processes, and we also need to make sure that the public are given plenty of notice that the law is changing, and be mindful of those who may be planning weddings which are perfectly legal at the time that notice was given. As the Bill will not reach Royal Assent until late in the Session, the ask for commencement by the school holidays would therefore be in two or three months, which is not possible. I reassure noble Lords that we will work to commence the changes as soon as we possibly can.
Secondly, I reassure my noble friend that the Ministry of Justice, the Home Office and the Department for Education will all work together to ensure that we raise awareness in schools about the changes in the law. I understand that the Member for Mid Derbyshire met Minister Quince at the Department for Education on 1 March and was reassured that the relevant actions would be taken, including updating guidance and training materials.
Thirdly, I can confirm that relevant Government guidance will be updated in a timely manner and that our colleagues at the College of Policing and the CPS will be encouraged to do likewise.
The noble Baroness, Lady Hussein-Ece, asked about guidance for religious and community groups. I reassure her that the MoJ and the Home Office are already engaging with community groups, and will continue to do so, to ensure that they are aware of the changes to the law.
In summary, this Bill will end child marriage in England and Wales, protecting our children and ensuring that marriage is entered into only by choice. It will expand existing forced marriage legislation to include arranging the marriage of a child, recognising that such actions are not acceptable and will not be tolerated. We must listen to brave survivors such as Payzee and Farhana to ensure that no more children have to suffer like they and so many others have done. In closing, I reiterate my thanks to them and to my noble friend Lady Sugg for bringing this Bill before the House. Its anticipated impact is important and far-reaching, and I confirm with great pleasure that the Government are supporting it.
Baroness Sugg (Con)
My Lords, I thank all noble Lords who have participated in this short but important debate. The right reverend Prelate the Bishop of Worcester raises an important point that should properly be considered outside the Bill, and I thank him for doing so. The noble Baroness, Lady Hussein-Ece, has long been a campaigner in this area and, as we heard, tried for her own Private Member’s Bill, so I am delighted that this Bill delivers her goals. My noble friend Lord Lilley made the clear case for why the age limit should be raised to 18 in everything from education and training to tattoos. As someone who got a tattoo at the age of 18, I am certainly pleased that I was not able to at an earlier age.
I thank my noble friend Lord Cormack and the noble Lord, Lord Blunkett, for their support of the Bill. I am very grateful to the noble Lord, Lord Collins, for such full support from the Labour Party. It has been heartening to hear support for the Bill from all sides. I hope that it makes very swift progress through its remaining stages in this place. I thank my noble friend the Minister for her response and for stepping up to the plate this morning to do so. It is so important that it is commenced as soon as possible and that we get the guidance and education right. She can be assured that I and Mrs Latham will continue to check in on this with the department to make sure that we are making good progress.
I should like to close by sharing some words from Payzee, with her kind permission:
“I did not choose child marriage, it ruined my future. It led me astray from my dreams of focussing on my education, it took away the best years of my life. I’ll never again be that innocent 16-year-old … it is for us to change things for the next generation and make child marriage a crime, so they don’t suffer like I have.”
This Bill is for her, for her sister Banaz, for Farhana, and for everyone who has been harmed by child marriage.
Marriage and Civil Partnership (Minimum Age) Bill
Thursday 7th April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Baroness Sugg (Con)
My Lords, I understand that no amendment has been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Marriage and Civil Partnership (Minimum Age) Bill
Tuesday 26th April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Marriage and Civil Partnership (Minimum Age) Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 25 February 2022 - (25 Feb 2022)
Baroness Sugg (Con)
My Lords, this Bill will finally end child marriage in England and Wales—and not before time. There are many people to be thanked for getting us to this point: Pauline Latham, who has campaigned tirelessly on child marriage and took this Bill through the other place; the Home Secretary and Nimco Ali, who committed to ending child marriage in the tackling violence against women and girls strategy; the Ministers and the Bill team at the Ministry of Justice and the Home Office; and Members from all sides in both Houses who supported this Bill. Finally, I thank the many campaigners—organisations and individuals—who have worked so hard to highlight the issue of child marriage and got us to where we are today: the Girls Not Brides UK coalition; IKWRO; Karma Nirvana; Forward UK; the Independent Yemen Group; Garden Court Chambers; Charlotte Proudman; Payzee Mahmod; and Farhana Raval. It has been my true honour to take this Bill—their Bill—through Parliament.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I would like to congratulate the noble Baroness, Lady Sugg, on a very significant Bill. With my other hats on, as a family magistrate and youth magistrate, I do see the impact of children getting married. It is highly to be desired that this Bill be passed, and I congratulate her on the work she has done and also the many organisations that have been campaigning on this issue for many years.
Baroness Scott of Bybrook (Con)
My Lords, this Bill started its journey almost a year ago with its introduction in the House of Commons on 16 June 2021. It has received cross-party support and I am absolutely delighted to be here today for its Third—and final—Reading. Many people have worked hard to ensure the success of the Bill. I thank my noble friend Lady Sugg for taking it through the Lords and Pauline Latham MP for taking it through the other place. I know they both worked closely with Minister Pursglove, Minister Maclean and their teams of officials to ensure a smooth passage. Although the Bill began its journey last year, the change in law that it brings has been an aspiration for many years, especially for groups campaigning on this issue. I thank them, too, for their passion and courage in seeing this come to pass.
Today we have a chance to make history and see child marriage finally come to an end in England and Wales. We have the opportunity further to safeguard the futures of our children and set an example that we hope will be followed by the rest of the world. Its anticipated incoming is important and far-reaching; I confirm with great pleasure that the Government are supporting it and I commend it to the House
Royal Assent
Thursday 28th April 2022
(2 years, 6 months ago)
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