Marriage and Civil Partnership: Minimum Age

Debate between Paul Maynard and Pauline Latham

Wednesday 15th May 2019 Westminster Hall

[Mrs Latham]

I thank the hon. Lady for that intervention. We cannot tell people what to do if we are not doing it ourselves. We have to lead by example, and the change that I propose is one way in which we can do that. We need the three relevant Departments in the UK: DFID; the Ministry of Justice; and the Department for Work and Pensions—no. Which Department is the Minister from?

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

Does my hon. Friend mean the Home Office?

[Mrs Latham]

The Home Office—yes, that is it. I thank the Minister, who is so new that I cannot remember which Department he is from.

Those Departments have to work together to bring this change about. Maybe this long debate will be one of the first steps in that process, but as soon as the Queen’s Speech—whenever it is—is over, I intend to bring this matter back as a ten-minute rule Bill or a private Member’s Bill, because it is really important that we set a good example to the rest of the world.

In addition to attempting to stop child marriage on the international stage, it is crucial that we meet the international human rights standards that have been established to put a stop to the practice. I agree with the assertion by the chairwoman of the global advocacy group, Girls Not Brides, Mabel van Oranje:

“Britain’s delay in reforming its own marriage laws is increasingly counterproductive.”

Forced marriage is defined by the Home Office as

“a marriage conducted without the valid consent of two parties, where duress is a factor.”

It is marriage—a lifetime commitment—entered into by an individual against their will. In the UK, law dictates that forcing someone to marry is a criminal offence. It is child abuse, domestic abuse and a form of violence against women and men.

England and Wales outlawed forced marriages in 2014. That was, in part, down to the work of a campaign by Jasvinder Sanghera of Karma Nirvana, which started in Derby. I know her well, and she has worked tirelessly with that organisation to stop forced marriage, to help girls who have been forced into marriage to escape and to make sure that girls in such marriages are safe. Many of the girls who have been married early for cultural reasons do not feel safe in their own homes.

The outlawing of forced marriage was enshrined in the Anti-social Behaviour, Crime and Policing Act 2014, which sets out that forcing someone, including children, into marriage is illegal and can lead to a maximum of seven years in jail. Previously, the Forced Marriage (Civil Protection) Act 2007 came into force along with forced marriage protection orders, which are designed to assist those who are threatened with forced marriage, or by a third party on someone else’s behalf. Those orders can be used to prevent a forced marriage from taking place, or to protect someone who has already been forced into marriage.

I welcome the fact that in the UK, forcing someone into marriage now carries a maximum sentence of seven years in jail. I also acknowledge that in many ways the UK is a world leader in the fight against forced marriage. Unfortunately, however, that does not prevent the practice from happening. The Home Office estimates that between 5,000 and 8,000 people are at risk of being forced into marriage every year in the UK. In 2017, more than a quarter of cases dealt with by the Forced Marriage Unit involved children aged 17 and under, and the vast majority of the victims—77.8%—were female.

The ability to marry at 16 with parental consent is a significant discrepancy in the law here. Too often, parental consent means parental coercion for 16 and 17-year-old children, and sometimes for even younger children, because children can be taken out of school in the UK and sent to another country, where they are married at 14 and kept there until they are 16, and then brought back to the UK at 16. We are told that these girls have parental consent. The organisation Girls Not Brides warns that this “legal loophole” means that child marriages, and potentially forced marriages, are still sanctioned in the UK, because in a number of cases parents do not act as the safeguarding mechanism that the law intended them to be.

In some communities in the UK, the legality of marriage at 16 can result in forced child marriage, whereby parents can consent on behalf of their children. Furthermore, many vulnerable teenagers are being sent overseas to marry. Forced marriage is a violation of human rights and is contrary to UK law, including the Matrimonial Causes Act 1973, which states that a marriage shall be voidable if

“either party to the marriage did not validly consent to it, whether in consequence to duress, mistake, unsoundness of mind or otherwise.”

Such marriages must be identified and ended. However, an amendment to the law to increase the legal age of marriage to 18 might stop these marriages in the first place, by making them an illegal impossibility here in the UK. On a personal level, individuals may be more mature and able to resist forced marriages at the age of 18, by which stage they may have managed to get to university, or to get a job after they have finished training.

Although changes to the law have helped to safeguard people from forced marriages, it is important that educational professionals and local communities are fully aware of the signs of forced marriage. The Iranian and Kurdish Women’s Rights Organisation’s executive director, Diana Nammi, recently stressed the importance of education in a televised interview, saying:

“We need to educate the community as well, we need to let them know that child marriage is a brutal situation.

Many of them think it is just a sexual relationship, but it’s a huge responsibility on the shoulders of the children and they are not prepared yet.”

To conclude, I strongly believe that the legal age of marriage should be increased from 16 to 18. It is important that we rewrite marriage law here, so that it is fit for the 21st century and aligns with international law.

I was pleased to learn that 79% of 2,700 respondents agreed with me that the minimum age for marriage and civil partnerships should rise from 16 to 18 in a recent poll, which was conducted between 10 and 14 May on the social media pages of the House of Commons. I thank the House’s digital engagement programme for conducting this research for me.

At the heart of this matter is a moral dilemma about our values, not only here at home but internationally. This country is an advocate on the international stage for the eradication of child marriage and we must practice what we preach. I am on the International Development Committee and I have been out to many countries and seen how some of them are trying their best to raise the age of marriage, but that is not happening here. As I say, we must practise what we preach. Ultimately, I am in agreement with UNICEF’s assertion that

“marriage before the age of 18 is a fundamental violation of human rights”.

Meanwhile, forced marriage has a profound personal impact. In a recent Sky News feature, one interviewee—Mrs Khan—recalled her experience, which captures the sad reality of forced marriage. She said:

“It took away so much freedom from me. I could have met someone I loved. Instead, I was forced to get married, forced to have children, forced to put up with so many unbearable things.”

Therefore, I would like to see the Government pass clear and consistent legislation that establishes 18 as the minimum age of marriage, with no exceptions for customary law, parental consent or judicial consent. It is also clear that increasing the minimum age of marriage to 18 would provide a vehicle to help to safeguard girls and boys from being married before they are ready, or indeed from entering into a forced marriage by legal means.

I will finish my speech today by quoting the judge, Mr Justice Peace, in the landmark legal case, Pugh v. Pugh, in 1951. He spoke of the capacity of young people to marry and his words are as relevant today as they were then, 70 years ago. He stated in his conclusions:

“According to modern thought it is considered socially and morally wrong that persons of age, at which we now believe them to be immature and provide for their education, should have the stresses, responsibilities and sexual freedom of marriage and the physical strain of childbirth. Child marriages by common consent are bad for the participants and bad for the institution of marriage.”

--- Later in debate ---

[Mrs Latham]

It has been a really interesting debate, and I thank my right hon. Friend the Member for North Thanet (Sir Roger Gale), my hon. Friend the Member for Congleton (Fiona Bruce) and the hon. Member for Heywood and Middleton (Liz McInnes) for taking part. I know that many others wanted to contribute but were unable to attend. I hear what everybody has had to say.

I urge the Minister to work with the Ministry of Justice and the Department for International Development to see if we can agree to look at the issue firmly. I know that the Justice Minister who has oversight of this matter is keen to bring it in—

[Paul Maynard]

The Home Office.

[Mrs Latham]

Sorry—the Home Office. I am confusing my Departments again. Furthermore, those in DFID look rather foolish if they are telling other countries to raise the age of marriage to 18, so I think they will also be keen to take this matter on.