Anti-social Behaviour, Crime and Policing Bill

Baroness Uddin Excerpts

Tuesday 12th November 2013 Lords Chamber

[Lord Hussain (LD)]

My Lords, coming back to what the noble and learned Baroness, Lady Scotland, said earlier on forced marriage, I, too, am glad that the Government are taking this seriously and are trying to do something about this awful practice involving many victims whose lives are made miserable. At the same time I, too, wonder whether the measures that the Government are trying to take will be helpful or counterproductive, as I said at an earlier stage. As has been suggested by other noble Lords, I fear that by making forced marriage a criminal act, a lot of young people will not come forward to report it, so it could be pushed more under the carpet, rather than being dealt with.

Will the Minister shed some light on the background from which forced marriage comes? I share the view that it is not an issue from one particular community or faith. However, many noble Lords will know that most cases registered with the Forced Marriage Unit of the Home Office come from the Pakistani Muslim community. I speak from that community, as I belong to it and know what is happening. Does the Minister understand that one of the major factors in forced marriages is the clan system? The tribe system strongly exists within the Pakistani community in the UK, although we have been settled here for 40 or 50 years. In the tribes, sects, brathries, clans or castes—whatever name we use—people are divided into those groups and many of them do not want their sons or daughters to marry out of their clans, brathries or castes. This is where many forced marriages are taking place.

Does the Minister recognise that and what will the Government do about educating people to come out of the brathries system? I get invited to many community meetings and have spoken many times about this. I have written in the Urdu language, which I am able to do, in newspapers against this practice. For example, 15 years ago in my home town of Luton, there was a big community meeting where we discussed community issues. There were a couple of hundred people there, and I spoke on this issue. By the time I had finished, every leader of every clan or caste gave me a dirty look, as if to say, “How dare you?”. That is how strongly the caste system is built into some of these cultures. We need to educate them not only through the normal education channels but through the ethnic media, which has hardly been mentioned but which can play a positive role in educating people.

Then there is the film industry. I was watching a film on one of the satellite channels; many Pakistani-origin people watch dramas and films on these channels. In this film, a female was to be married to someone out of her caste. Another female tells her, “My dear, you will have to give up this idea”, and points to the cemetery outside their house, saying, “It is full of virgins”. They are the virgins who were not allowed to get married outside the caste. This is how strongly this is practised outside the UK and these films, when they are shown, have an impact on people’s lives and behaviour. We need to understand that as well, and maybe we need to educate our own people in how to look into it.

On the particular issue of the media, DfID is giving millions of pounds to media outlets operating in the UK and in Pakistan. I hope that some of that money will be used for programmes to educate on forced marriages by the media that are supported financially by DfID. I hope that the Minister will be able to tell us how he thinks he can prevent the criminalisation of forced marriage discouraging reporting. I strongly feel that that may happen and we need to look at it very carefully. I hope that he can satisfy us.

[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.

--- Later in debate ---

[Baroness Uddin]

Does the noble Baroness accept that organisations such as the Newham Asian Women’s Project and Southall Black Sisters have a long and honourable history of campaigning against such violence? There is no way that they would want to associate themselves with what she is suggesting; that is, that they just want to see more education or protection because they want to save their communities from such allegations. They are very clear about this issue and that comes from their experience, which has been acquired from more than 30 years of protecting women.

[Baroness Hussein-Ece]

I accept what the noble Baroness says. I have worked in the past with Southall Black Sisters on domestic violence issues in the Turkish and Kurdish communities when I was setting up a women’s refuge for them. Indeed, I worked very closely with them; I know the work the women do and I pay tribute to them. However, I think that we need some sanctions in order to prevent this. I am sure that the same arguments were deployed in the debates on the proposal to criminalise FGM. Perhaps that is not a good example because there have been no convictions, but it is illegal. Whatever we may think about it—which is obviously for another debate—that sends out the message that FGM is wrong. If something is wrong, it should be against the law. I have listened carefully to the debate and I have thought long and hard about the issue. I have not come to this view over the past few days. It is something that I have considered for many years, and of course there needs to be far more education.

Let us look at the facts. No religion supports forced marriage and it is not a religious requirement. It is also a barrier to integration. These girls, when they behave in what is perceived to be too pro-western a fashion and perhaps are friendly with members of the opposite sex, are considered to have lax morals. The barriers then come up and the pressure starts. I go into schools and talk to girls whose families do not want them to move on into further education. They do not want them to go into further education because they then start to lose control. They think, “Oh, they will have boyfriends and get into relationships where they have sex before marriage”. That is when the oppression starts. It is a barrier to integration and goes against the opportunity for girls to reach their full potential. That is something I feel very strongly about. Moreover, it is a form of slavery and rape. I will be clear on this because that is what happens in many cases. It is about being held against your will in a marriage, which is slavery and rape, and I have no other form of words to describe it.

At the moment, many families feel that their young girls, particularly those under the age of 18, are their property. They belong to the family and the honour of the family rests on them, so the family feels that it has the right to impose its will. I shall quote what I think I might have said, and what one young girl who is a survivor and very much in favour of this legislation said to me: “I wish I had been able to say to my parents at the age of 14, ‘You can’t do this to me because it is illegal’”.