Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Thornton and Baroness Tonge

Tuesday 14th January 2014 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, before I speak specifically to my amendment, I should like to mention a broader aspect of the discussion about forced marriage.

In Committee, my noble and learned friend Lady Scotland raised her serious concerns in detail with the Minister and, since that time, has had a meeting with him and his colleagues. She is unable to be with us today due to urgent family business and is disappointed not to be here because she believed that this matter would be discussed next week on Report.

Today, I have received a letter from Dr Aisha Gill, Sumanta Roy from Imkaan, and Hannana Siddiqui from Southall Black Sisters registering their opposition to the Government’s proposals to introduce a specific crime of forced marriage. I suspect that the Minister has received the same correspondence. On behalf of my noble and learned friend, I should like to put on the record, as I said in earlier proceedings on the Bill, that the route that the Government have chosen for this matter did not receive uniform support. I mention the Southall Black Sisters, the Ashiana Network, Imkaan, Rights of Women and the JAN Trust by way of counterbalance to the seemingly singular narrative that has been advocated for the victims of forced marriage. I know that the Minister this week intends to meet the stakeholders who share these concerns, and I therefore wonder if he will be taking their views into account over how we might do that at this late stage in the Bill.

I turn to the amendment and the issue that we discussed in Committee. This is a hidden problem. In cases of the forced marriage of a vulnerable adult, the violence, threats or coercion to which the Bill specifically refers are often not necessary to force a person to marry, due to the lack of capacity of the victim. Deception is not necessarily a factor and, consequently, the amendment seeks to make it an offence if a person forces another person to marry when that person lacks the capacity to consent to the marriage.

It is worth noting why forced marriages of people with learning disabilities happen. Marriage can sometimes be seen as a means of providing a carer and continuing support. Parents may be the primary carers and, as they get older and less able to provide support; they may view marriage as a means of ensuring continuing care for their son or daughter with learning disabilities. Marriage can be seen as a means of improving the chances of getting a visa to the UK. A person with learning disabilities may be seen as easy to deceive or coerce into such a marriage and then act as the visa sponsor. Families may believe that the marriage will cure the learning disability or allow a person with learning disabilities to lead a normal life.

It is difficult to find the figures for people with learning disabilities involved in forced marriages. The Forced Marriage Unit estimates that 115 of the cases it has received involve people with disabilities, but it is not clear whether they have learning disabilities or lack of capacity. I have seen an estimate of 50 in 2012. However, the Ann Craft Trust believes that this is the tip of an iceberg and that hundreds of adults who lack capacity are being forced into marriage. Mencap believes the same; its chief executive says:

“People with a learning disability can be particularly vulnerable to forced marriage … People with a learning disability have a right to express their emotions and sexuality, and to develop personal relationships, just like anyone else. The issue here is that incidences of forced marriage can involve people with a learning disability who are unlikely to have the capacity to consent to such a relationship”.

The guidelines that have been reissued recently are excellent in the way that they describe this problem and how to deal with it. It is the words in the Bill that concern me. On this side of the House we are still not convinced that they cover somebody who lacks capacity.

Another problem is the lack of facilities, experience or support for people with learning disabilities who are involved in forced marriage. I gather that there is one refuge that is equipped to deal with forced marriage victims who have learning disabilities. Asha Jama, the manager of Beverley Lewis House, a refuge in east London, says that there is a terrible lack of options for people with learning disabilities who are escaping abuse and forced marriage. She says that the problem is compounded by social care cuts and that statutory authorities are placing the victims in supported living service or care homes, which are not services geared to provide the specialist support needed to address the abuse that these people have faced.

The amendment seeks to add a third point to Clause 109 which recognises:

“A person also commits an offence under the law of England and Wales if he or she causes another person to enter into a marriage and that other person lacks the capacity to consent to that marriage”.

We think that provides completeness to this part of the Bill.

Finally, I ask the Minister how the Government intend to respond to what looks like an increasing incidence of people who lack capacity being forced into marriage. Can we have some assurance about monitoring and reporting the effectiveness of the legislation in dealing with this particular issue? I beg to move.

[Baroness Tonge (Ind LD)]

My Lords, I wish to make a brief intervention in support of the noble Baroness, Lady Thornton. Her remarks about forced marriage when someone lacks capacity are entirely right. We should be very concerned about this. I think there is evidence from the medical profession that many of these cases occur and could be on the increase, although I would not know that.

Secondly, on the debate about whether forced marriage should be a criminal offence, the noble Baroness listed organisations that were against that happening. I can list organisations that are in favour of that happening—Girls not Brides and the Iranian and Kurdish Women’s Rights Organisation, to give two examples. We discussed this issue in great detail in A Childhood Lost, the report from the All-Party Parliamentary Group on Population, Development and Reproductive Health, which I chair.