Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Tonge and Lord Hope of Craighead

Tuesday 14th January 2014 Lords Chamber

[Baroness Tonge]

My Lords, with the leave of the House, I should like to carry on with my remarks, as I had intended to introduce Amendments 87A and 87B. They seek to make it an offence under the law of England and Wales if someone is,

“the parent or guardian of a child, and … gives consent for that child to enter into marriage before the age of 18 unless the written consent of both parties to the marriage has been obtained”.

The reason we have tried to clarify this is due to a lot of experience from all around in our all-party group. I must emphasise that we also want these provisions to apply to marriages contracted abroad, not just in this country. I must apologise for not being present at Committee stage; I was abroad at another conference so my noble friend Lord Rea spoke on my behalf.

We have good laws in place to make forced marriage illegal and these are strengthened by this Bill. I would like to commend the excellent work being done by the Forced Marriage Unit at the Home Office, which really is commendable. These amendments seek to close a loophole which I think still exists concerning children between the ages of 16 and 18. In general, not every forced marriage is a child marriage, but every child marriage is usually forced; hardly any take place with the agreement of the participants, who are often tricked into marriage by their families on the pretext of going on holiday or some treat or other.

According to the international Convention on the Rights of the Child, to which the UK is a signatory, a person is a child until the age of 18. I notice that in Committee some noble Lords felt that, if children could vote at 16 and join the Armed Forces at 18, they should be allowed to marry at 16 with the consent of their parents. However, I would contend that marriage is a very binding contract indeed, from which it is very difficult to escape. A young person can leave the Armed Forces and can refuse to vote, but they cannot easily get out of a marriage that was contracted sometimes without their consent.

If young people want to have, hopefully protected, sex—which many do; I was not born yesterday—they can do so legally after the age of 16. If they want to live together in many cultures now, they can do so legally after the age of 16. So what is wrong with asking them to delay the legally binding step of marriage until they are 18? That, however, is not the point of my amendment, but I had to say that because I feel very strongly about it. I know that noble Lords rejected that in Committee.

At present, any parent who wishes to force a marriage on their son or daughter can do so by claiming that consent has been given if the child is between 16 and 18. In Clause 109(1)(b), the Bill mentions the “full and free consent” of the individuals concerned. However, it does not specifically mention this group between 16 and 18, who can marry with parental consent. I think this needs clarifying. We must make as certain as possible that children involved have given their consent too.

I was horrified years ago, when I worked among Indian and Pakistani communities as a doctor, at how many of my patients were whisked away from school and married as soon as they were 16 years old. I remember two girls in particular, who were twins, who had done absolutely brilliantly in their O-levels. They were crying as they told me that it was now time to go back to the subcontinent to be married to men whom they had never seen, one of whom was illiterate. All their hopes of university and a career were dashed by parental consent to their marriage.

I thought the practice had nearly died out until the all-party group which I chair produced a report called A Childhood Lost. We heard from many witnesses who related their stories of being taken abroad for a holiday, only to be shut away on arrival until their marriage to an unknown groom had taken place. There were others whose religious marriage had been contracted during early childhood on a holiday and then was ratified with parental consent as soon as they were 16 years old. All of this happened with total disregard of the wishes of the young people concerned.

We know that marriage as early as 16 is a public health issue as well as a violation of human rights. It takes away opportunity for education and economic independence; it is associated with violence, rape and sexual abuse; it contributes to higher rates of maternal morbidity and mortality and contributes to poor child development. We know that around 5,000 to 8,000 young people are at risk of being forced into marriage in this country every year, based on research done by our Government in 2011. A higher number may not have been counted because they were over 16 and it will be argued that the parents have not forced the marriage but have given their consent.

This is my last ditch attempt to try to strengthen this Bill. I ask the House to support these amendments that I have put forward, which apply to Scotland as well, as an attempt to ensure that consent to marriages has also been given by the two children to be married in that age group. I think that the consent should be given verbally and in writing.

[Lord Hope of Craighead (CB)]

Before the Minister replies, perhaps I could say a word about Amendment 87B, which, as the noble Baroness has just explained, applies to Scotland. I am sure that it is very well intentioned and I hope that I will not alarm the noble Baroness too much when I say that there is an error in the way that these two amendments are presented. They assume that the law of Scotland is the same as the law of England. It is not.

The law of Scotland—which may alarm the noble Baroness—is that anyone over the age of 16 is free to marry, and parental consent is not required. That was common law for generations and is written into Section 1 of the Marriage (Scotland) Act 1977. It is actually one of the reasons why Gretna Green attracted attention. People could elope over the border to Gretna Green, establish residence in Scotland and marry without parental consent, provided they were over 16 and there was no other impediment to marriage.

That is a bit of history; the point is that the amendment as worded does not really fit in with Scots law. If the amendment were to attract Minister’s sympathy, I respectfully suggest that it would have to be altered. Proposed new subsection (2A)(b) would have to say that a person commits an offence if he or she,

“gives consent for that child to enter into marriage”,

that requires parental consent,

“unless the written consent of both parties to the marriage has been obtained”.

It is perfectly possible that two people living in Scotland want to contract a marriage somewhere else where parental consent is needed. In that situation, indeed, if the amendment is reworded it would have some force. But as it is put, it would seem to completely revolutionise the law of Scotland as a whole. That is not really appropriate because of the existing statutory position in Scotland. An amendment as radical as that would need the consent of the Scottish Parliament, which I do not think has been obtained. If the wording was changed, as I suggest, to remove the words,

“before the age of 18”,

and to add, “which requires parental consent”, it would fit exactly with what the noble Baroness intends.

[Baroness Tonge]

I thank the noble Lord for his advice. I was aware of the situation in Scotland, but I was not aware that we could not actually alter the amendment in the way that I intended. However, I thank him for his advice.