International Women’s Day

Helen Grant Excerpts

Thursday 8th March 2012 Commons Chamber

[Fiona Mactaggart]

Absolutely. In order to make more time for other speakers, I cut the bit of my speech that I had written in which I welcomed that, and I cut other things as well. I have frequently praised the Government for putting on a secure basis the funding for rape crisis centres, which used to arrive under the previous Government but was utterly unpredictable. That is the one thing that the Government have done that will make women safer, and I welcome it.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does the hon. Lady welcome Clare’s law?

[Fiona Mactaggart]

I do, and I welcome the efforts of my right hon. Friend the Member for Salford and Eccles (Hazel Blears) in championing it on behalf of her constituent who was a victim. I am glad that it will be brought in. In a way, I would have liked the announcements that were made today at some reception in Downing street to be made in this debate. The Government should have told us here what they were going to do, which would have provided an opportunity to debate their plans in the international women’s day debate.

As I was saying, removing from the DNA database the samples of men who have been accused but not convicted of rape, when we know both that convictions are hard to secure and that rape is a serial crime, is irresponsible. Other public sector cuts, from railway stations to street lights, will make neighbourhoods more frightening for women.

Here in Britain, a separate theme has been identified for international women’s day—“Connecting girls, inspiring futures”. I really wish that we offered girls here in Britain a more inspiring future, but I am afraid that this generation of young women will probably be the first to do less well than their mothers.

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[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Since the introduction of the Forced Marriage (Civil Protection) Act 2007, there have been 257 forced marriage protection orders, five recorded breaches and one person sent to prison, and in 2010 alone 1,735 people were supported by the Government’s forced marriage unit. The youngest victim was 12 and the oldest 73. In just a few short years, that legislation has made a positive impact, and demand for orders continues to rise. However, there are still major problems with education, discovery and implementation. Not enough is being done on prevention, and ongoing scepticism greets women and children when they report forced marriage.

Consideration is now being given to how to make the breach of a forced marriage protection order a criminal offence, and, going even further, to whether forced marriage should be a criminal offence. Criminalisation might seem to colleagues a popular and reasonable option, showing the public a tough approach against an alien and wicked practice, but I urge caution.

My 23 years as a family lawyer leave me with some doubt that criminalisation would improve matters for victims. Indeed, it could be a backward step. The Domestic Violence, Crime and Victims Act 2004 criminalised the breaching of a non-molestation injunction order. There were very good intentions behind that, but there were many unforeseen consequences. Important comparisons can be made between that legislation and what is being contemplated now in relation to forced marriage.

I was a busy domestic violence practitioner at the time, and I made three principal observations. First, the police were often slow and reluctant to pursue breaches because of perceived more serious crimes such as robbery and burglary. The Crown Prosecution Service was also slow or reluctant to do so because of the need to satisfy the high criminal burden of proof, namely “beyond reasonable doubt”, and because of the evidential difficulties of crimes that often happen behind closed doors.

[Charlie Elphicke]

rose—

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[Mrs Grant]

I will take a very quick intervention.

[Charlie Elphicke]

I thank my hon. Friend for—

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[Charlie Elphicke]

I thank my hon. Friend for giving way. There are many loving relationships, and there has been a revolution meaning that there are more women in the workplace than ever before, and also in relationships in which the children are cared for and deeply loved. Men even change nappies, as I did. Should we not celebrate the good things about men and women, and about women in the workplace?

[Mrs Grant]

Of course we should. I absolutely agree with my hon. Friend.

In consequence of the authorities’ reluctance to pursue breaches of injunction orders, victims were again and again left thinking, “Why did I bother getting my injunction order?” Perpetrators were left thinking, “I got away with it”.

My second observation was that pursuing a civil action required the victim to be in the driving seat, which could be a completely empowering experience. She made the decisions and provided the instructions, supported by her own legal team. In contrast, in criminal cases the victim is merely a witness for the prosecution. She has no control over the proceedings, she is given very little information and she has no legal team to support her. In fact, being a prime witness for the prosecution is an isolating experience and frequently leads to the withdrawal of evidence and the collapse of prosecution cases.

My third observation was that domestic violence, like forced marriage, could involve close family members—mothers and fathers, sisters and brothers, uncles and aunts. Whereas victims were prepared to obtain civil orders to protect themselves, they were often reluctant to pursue a breach, because it would lead to a criminal conviction for the perpetrator and far-reaching consequences for the victim, her family and sometimes the community. Indeed, in a survey in 2011, Dr Aisha Gill of Roehampton university found that 57% of respondents said that victims would be less likely to seek help if forcing someone to marry became a criminal offence. Advocates also argue that victims stand more chance of reconciling with their families if a protection order is invoked rather than a criminal prosecution.

Those three observations, together with anecdotal evidence from professional colleagues and the judiciary, suggest that criminalisation of non-molestation injunction orders has left far too many victims without redress and with a real sense of injustice. I remain unconvinced, too, that there is a gap in the law that needs to be filled. In forcing someone to marry against their will, numerous other criminal offences may be committed—assault, abduction, aiding and abetting a criminal offence, cruelty, failure to secure attendance at school, false imprisonment, theft, rape, kidnapping, threats to kill, harassment, blackmail and murder. That list shows that we already have a range of criminal laws that can be used to prosecute in a forced marriage context.

For all the reasons that I have stated, I am concerned that criminalisation of forced marriage could lead to under-reporting, the export of the crime abroad and the practice being driven substantially underground. There is no quick fix.

[Mary Macleod (Brentford and Isleworth) (Con)]

Will my hon. Friend give way?

[Mrs Grant]

I am sorry, I will not.

We need to deal with cultural expectations of duty and honour and work with communities, schools and agencies to change attitudes and behaviour towards women and their right to choose their own partner.

Good progress has been made in the past three years using the civil law. It would be a travesty if such work were undone. The criminal law may punish the perpetrator, but it does little to protect the victim and can often cause no end of collateral damage. In Scotland, recent forced marriage legislation already criminalises breach of an order. We therefore have a prime opportunity to pause, observe and review, and avoid creating yet another criminal offence, which could so easily defeat the object of our very best intentions.