Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Faulks and Baroness Uddin

Tuesday 12th November 2013 Lords Chamber

[Baroness Uddin (Non-Afl)]

My Lords, I stand somewhat hesitantly and ask for the House’s leniency, as I did not take part at Second Reading. I hope that the House will indulge me for a few minutes, as someone who chaired the initial work on forced marriage in 1998, alongside the noble Lord, Lord Ahmed, instructed by the then Home Secretary. I was inspired by the comprehensive understanding of the noble and learned Baroness, Lady Scotland. I have no words of expertise to be able to relay the issues she laid before the House. I was also deeply inspired by the noble Lord, Lord Hussain. All those years ago, in 1998, such a speech would have been unthinkable from a Member of the House of Lords coming from the Pakistani community. The noble Lord, Lord Ahmed, also comes from the Pakistani community and, although he took a little pulling in on my sisterly part to bring him along to the discussions, when he did, he did so with vigour. We are standing on the shoulders of giants regarding much of the work that was done across the country.

We went across the country for 18 months, talking to various sections of the community: we left very few stones unturned, whether it was the Jewish community, the Irish community, the Scottish borders or the Welsh community. We did not leave any of the women’s organisations out of the debate. Out of it came the Forced Marriage Unit, which is very laudable, and the work it has subsequently done. I support the amendment moved by the noble and learned Baroness, Lady Scotland, because it is critical. All those years ago, women really wanted some protection and their consensus, which was right across the board, led to forced marriage protection orders. However, our report made it very clear that we proposed that this should have been done under the protection of domestic violence legislation and child protection legislation. Whether it is kidnapping or murder, we wanted to mainstream the issue of forced marriage into the criminal legislation. That did not happen at that point.

The women’s organisations listed by the noble and learned Baroness, Lady Scotland, have played a critical part in leading to the changes that have occurred and we have to acknowledge how much change there has been, led by community organisations, faith organisations and the women’s organisations themselves. If they are now saying that criminalisation will impact on the numbers of women and young people reporting, I suggest to the Committee that we take that very seriously. I have attended a number of meetings with these organisations, both here in the House and outside, and they have consistently asked that the Government recognise their work and expertise. They are saying that criminalisation will make it very difficult for them to work because, whatever we say about the amount of resources available outside, we have done very little since 1998 to empower those marginalised women economically and to address their welfare needs and their education. Women, in particular, will not be confident to come forward, whether it is to report violence against them or to report rape or forced marriage, unless we address the issue of their economic well being. I suggest that this added burden of criminalisation will be a very deep-seated aggravation, compounding the levels of pressure women face within the community. I hope that we will listen to some of the women’s organisations. I think that the amendment moved by the noble and learned Baroness is the right way to go about it and I hope that the Government will concede.

[Lord Faulks]

My Lords, I am a member of the Joint Committee on Human Rights, which looked at this issue, as with other issues in the Bill, and realised that there was a great deal of knowledge and experience in your Lordships’ House, some of which we have heard today. We came to the conclusion that we cautiously accepted the Government’s reasoning for the criminalisation of forced marriage, but we recommended, among other things, that the Crown Prosecution Service should develop a strategy on prosecutions over forced marriage and that, in developing such a strategy, there should be consultation with the relevant stakeholders. It was very much a cautious acceptance of the Government’s reasoning.

I appreciate that the noble and learned Baroness has put this down as a probing amendment rather than anything more and I accept it in that spirit. I counsel some caution, however, about having an offence which one commits if there is an aggravating feature in relation to another offence. It causes difficulties in sentencing in other cases in which this form of offence has been introduced. It seems to me, as I suggested in a brief intervention on the noble and learned Baroness, that it would be perfectly possible to have an offence of forced marriage and to have an offence if the context required it—a further offence, perhaps, in Section 20 or Section 18—of whatever other offence had been committed. However, I understand the spirit of the amendment and I look forward with interest to what the Minister has to say.