Oral Answers to Questions

Pauline Latham Excerpts

Tuesday 22nd November 2022 Commons Chamber

[The Minister of State, Ministry of Justice (Edward Argar)]

I am grateful to the hon. Lady for her question, which she puts with typical passion and care. My noble Friend Lord Bellamy and I are carefully considering the Justice Committee report and will respond to it in due course.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

My Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force in February. Will the Minister confirm that cross-departmental work with the relevant Departments is taking place, so that from day one teachers, social workers, police, Border Force officers and others will have had the right training and know exactly what to do when faced with a case of child marriage?

[Mike Freer]

First, I pay tribute to my hon. Friend’s work on pursuing this important issue. As she said, the law will come into effect in February 2023. I can confirm that cross-departmental work has been taking place to ensure that officials across Government, the College of Policing and the National Police Chiefs’ Council are as up to date as possible. The Home Office has been updating its forced marriage guidance, which provides detailed advice to groups such as Border Force officers, social workers, police and teachers on what to do when faced with a case of forced child marriage. I hope that in swift order the work she has been so passionate about is enforced.

Injunction to Protect the M25

Pauline Latham Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Kit Malthouse]

In his usual forthright and direct manner, my hon. Friend puts his finger on the button. We are now seeing extremely swift action—police are arriving on the scene within minutes. He will understand that it is tough for them to patrol the entire motorway network and be there as fast as they can, but Surrey police were there in three minutes and in Kent, protesters were intercepted before they even got on the carriageway. But where do we want our police officers? We want them in our neighbourhoods, on our streets, fighting crime. We do not want them patrolling the motorway network, looking for those people. Hopefully, the injunction will mean that they can go back to doing the job we expect of them.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I commend the Minister for his action. It is about time those people learnt that they cannot make unpeaceful protests, which have an impact on the lives of so many people going about their daily work. I commend my hon. Friend the Member for Crawley (Henry Smith) who asked what would happen if they set foot on his part of the M23. May I ask the Minister to look at the M1 and the A1, which take people north and are crucial to the lifeblood of the country? If we do not keep the traffic moving, we will affect the economy. I commend my right hon. Friend for what he has done, but ask him please not to hesitate to do more if necessary.

[Kit Malthouse]

We are very alive to the possibility of other motorways being affected. If they are, of course we will take the action that is required. My hon. Friend highlights an important point: we as democratic representatives should be the repository of those kind of views and I am not aware personally—I will check in my office—that I have been approached by this group seeking any change or acceleration in Government policy and I do not know whether anyone else in the House has. That is the way we do things in this country and hopefully that is the way we will go back to.

Police, Crime, Sentencing and Courts Bill

Pauline Latham Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Mrs Pauline Latham (Mid Derbyshire) (Con) [V]]

Given the recent focus on violence against women and the fact that the coronavirus pandemic has increased physical and sexual violence, the Bill represents an opportunity to fix oversights in the law regarding child safeguarding. It contains some welcome provisions that will protect women in the UK. However, child marriage remains an oversight, and a new clause criminalising the practice would protect vulnerable girls in this country and around the world.

Under the Sexual Offences Act 2003, adults commit a criminal offence if they have sex with a child—defined as a person under the age of 18—with whom they are in a position of trust. Clause 45 of this Bill would extend the list of positions of trust to include sports coaches and religious figures, thanks to my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch). The explanatory notes state that the logic is that children are susceptible to abuse, exploitation and manipulation. If a child’s will can so easily be manipulated by those in a position of trust, with abusive consequences, why does the law allowed them to marry at the age of 16 or 17 with their parents’ consent?

In 2018, the Forced Marriage Unit recorded 1,500 cases of suspected forced marriage, 35% of which involved children under the age of 18, and since 2017, Karma Nirvana has responded to 375 calls involving child marriage. However, the true prevalence of child marriage is likely to be much greater as it often occurs in unofficial customary ceremonies. The crime of forced marriage, introduced in 2014, does not adequately protect children. The Forced Marriage Unit reports feeling unable to intervene in cases involving children because coercion is difficult to prove and vulnerable children have been groomed to appear willing. Children being groomed into child marriages often cannot understand what is happening to them and feel unable to challenge their parents. The current law effectively places the reporting obligation of a serious crime on young and vulnerable victims. For that reason, many contact charities such as Karma Nirvana only later in life when the damage has been done, so could Ministers please include a new clause in the Bill to enable us to stop child marriage in this country?

[Mr Deputy Speaker (Mr Nigel Evans)]

I should just like to remind those who are on the call list but who, for whatever reason, are unable to take part in the debate, please to get in touch with the Speaker’s Office as usual. That message will then get through to us. The sooner the better, please.

Domestic Abuse Bill

Pauline Latham Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Mrs Pauline Latham (Mid Derbyshire) (Con) [V]]

I welcome the Bill. I will cover two topics that I hope Ministers will take on board. First, we have taken a leading role internationally as a force for ending child marriage. However, our domestic law is undermining these efforts, as demonstrated by comments from Bangladesh that we are hypocritical because we allow children aged between 16 and 18 to marry, when they should be in school, completing their education.

When the sustainable development goals were being drawn up, with the UK led by Prime Minister David Cameron, he wanted to ensure the inclusion of child marriage within goal 5 of the SDGs. The Bill gives a timely opportunity to bring domestic legislation in line with global commitments to end child marriage, which is child abuse, which happens behind closed doors and which is also domestic violence. However, it is aided by parents and the state. The Bill should close this loophole.

Children who are likely to live at home under the influence of their family and community, who tell them that this is their culture, are unlikely to report a forced marriage in order to be protected from it. Current civil law permits child marriage to be registered under the age of 18 in England and Wales through the legal exception of parental consent, which too often amounts to parental and community coercion. I hope that my right hon. and learned Friend the Secretary of State will look at this, to see how he can help these particular victims of domestic abuse.

Secondly, I raise the issue of women and girls in ethnic communities. Apparently, the Home Office literature related to the campaign to help victims of domestic abuse does not speak to these victims, who are in real danger in their communities, because it suggests that they speak about and report abuse to their families and/or their communities—the very people who are often the perpetrators, which would explain why there is so much under-reporting in this area.

There may have been increases of more than 100% in the number of calls to the national helpline that the Government have funded, but some victims have more challenges than others. For instance, translations are available on the national helpline but the victim has to wait and hang on for the translator to come on to the call. Organisations such as Karma Nirvana, which was founded in Derby some years ago, have bilingual counsellors who can relate much more to victims for whom English is not their first language. Unfortunately, the Government helpline does not always signpost this successful organisation, or many others that may be able to help the vulnerable victims of domestic abuse, forced marriage, honour-based violence or female genital mutilation, especially in respect of where they have advocated the broader domestic abuse agenda and access for victims. These vulnerable women and girls will not wait for long, because it has taken an enormous amount of courage for them to pick up the phone in the first place.

Apparently, the head of the Government’s forced marriage unit has said that calls to its helpline have dramatically fallen: between 1 and 17 April last year, it received 72 referrals or calls; this month, it was down to only 15 calls. I believe that is because people are behind closed doors and have less access to the phone and are less able to call for help. The forced marriage unit also believes that there are girls with forced marriage protection orders who are abroad, waiting to come back to the UK. Apparently, there is only one person in a safe house. There are real concerns that there will be a surge in cases once we are no longer in lockdown. Surely this raises the question of the need for greater awareness now. We should be thinking about how we will monitor cases after lockdown—perhaps we should monitor families when the airports open more freely.

The Home Office has sent a letter suggesting that we disseminate information about domestic abuse among our communities—often the very communities where the problem lies. How do we, as MPs, reach these victims? It is really important that we do so. I recommend that the Minister look into these issues.

Domestic Abuse Bill

Pauline Latham Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Robert Buckland]

I will give way again in a moment, but I would like to make some progress.

Abuse has not only a direct impact but an impact on the wider family and, most appallingly and sadly, on children and young people, who suffer the short and long-term emotional and behavioural effects of abuse. We know that children who witness domestic abuse in the home are far more likely to experience abuse by a partner as an adult. It is therefore our role as a Government and a Parliament to do all we can to protect our children from having to suffer as a consequence of abuse, and to ensure that national and local agencies recognise and respond to their needs.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

My right hon. and learned Friend is making a powerful speech and giving some amazing examples. I am sure that most of us have come across stories, perhaps sometimes in our own families, where victims do not believe that the perpetrator is at fault and instead believe that they themselves are at fault. He has mentioned physical, emotional and economic abuse. That is the crux of the problem, and the definition has been widened out. I absolutely welcome the Bill. How does he expect it to provide protection for victims and help to expose the vile perpetrators and bring them to justice?

[Robert Buckland]

I pay tribute to my hon. Friend for her continuing commitment to reform and improvement in this area. The widening of the definition from “financial” to “economic” abuse captures the manipulation that can happen, not only in relation to money but in relation to other benefits and through coercive control. I am proud to have played my part as a junior Minister in ensuring that coercive control went on to the statute book as a criminal offence some years ago. We must continue to reinforce the message that abuse is not just about violence, important though that is, and that its collective impacts can change the lives of far too many victims.

Marriage and Civil Partnership: Minimum Age

Pauline Latham Excerpts

Wednesday 15th May 2019 Westminster Hall

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move,

That this House has considered the minimum age for marriage and civil partnership.

It is a pleasure to serve under your chairmanship, Mr Bailey. I thank our new Minister for replying to this important debate and look forward to his response. The debate is about whether the House should consider increasing the legal age of marriage and civil partnership in the UK to 18.

Whatever our differences, I confidently predict that everyone in the House believes that it is sacrosanct that we protect our children; indeed, I suspect that all agree that we should be at the forefront of protecting children across the world. Laws in this country rightly consider young people differently until they are 18, and in the wider world the United Nations convention on the rights of the child relates to those under that age. It is clear that 16-year-olds are not adults. Some may outwardly appear more mature, but the reality is that they are still developing in both body and mind. In their teens, boys and girls are still guided by parents and teachers; after all, it was us who insisted that they need to be in full-time education until they are 18.

Could Members possibly imagine the 16-year-olds they know—their own children or grandchildren—getting married at that age? My granddaughter will be 15 later this year, and the idea of her getting married in just over a year’s time is mind-boggling, and she would agree. She will not be forced into marriage, but sadly that is not true of all young people, either in the UK or, just as importantly, across the globe, and specifically in countries where this country, and indeed this House, still hold significant sway.

The ability to marry under the age of 18 with the consent of parents is an important legal anomaly; I would argue that it is an absurdity. The reality of child marriage is extremely complex and wide-reaching.

[John Howell (Henley) (Con)]

My hon. Friend makes a strong point. Has she looked at minimum ages around the world? There seems to be quite a large variation, particularly in places such as Africa, where it can be as low as 13 in some countries. Has she looked at comparative ages in the rest of Europe?

[Mrs Latham]

I have not actually looked at comparative ages in the rest of Europe. However, certainly in Africa and other developing countries, there is a wide range. We ask African countries and anywhere that we send development money to not to allow children to marry, and to set the minimum age at 18. They turn to us and ask why they should listen, because we allow children to marry. That is another very good reason why we should increase the age to 18.

The problem cuts across religions, regions and cultures, and it happens at home in the UK too, in the 21st century. The fact that it is possible to marry at 16 effectively means that child marriage is written into British law, which is held up as a guiding light in legal systems across the world. By not changing it, we give regimes an excuse to say, “What’s good for the British is good for us.”

I previously advocated changing our marriage law to increase the legal age to 18—with no exceptions—through a ten-minute rule Bill. Unfortunately, I had to withdraw it on Second Reading. Among the arguments I made in the House in support of the Bill were those relating to maturity levels, negative social implications, meeting international standards and helping to prevent forced marriages. I will reiterate all those arguments in more detail in this speech, to stress the importance of increasing the legal age of marriage in the UK.

Statistics on marriage among 16 and 17-year-olds are limited, but a limited dataset can be found on the Office for National Statistics website. It shows that 40 boys and 200 girls aged 16 to 17 married an opposite-sex partner in 2014, which is the most recent period for which we have data. Same-sex partners can now also marry at 16, but there is no recorded data on same-sex couples getting married at 16 or 17, which might be because there are so few cases, or none at all, of same-sex couples marrying below 18. The numbers might be relatively low, but the negative impact on the individuals involved in the marriage are large and wide-ranging.

Hon. Members should keep in mind the wider influence that our laws have. Increasing the marriage age in the UK to 18 has been gathering political momentum for some time. It should be noted that in 2017 Parliament considered the Marriage and Civil Partnership (Minimum Age) Bill, which sought to raise the minimum age of consent to marriage or civil partnership to 18 and create an offence of causing a person under 18 to enter into a marriage or civil partnership. Unfortunately, the 2016-17 Session was prorogued and the Bill made no further progress. I attempted to reignite the process with my ten-minute rule Bill, but this failed on Second Reading.

Frustratingly, previous efforts to amend the existing law have been rejected or delayed for a number of reasons. One argument is that the number of people who get married under 18 is so low—and ever decreasing—that it is not worth the legislative time to change the law. However, for those who get married at such a young age, the social impact is enormous, and as we have not legislated for more than a month, we could have fitted it in. The reality is that the largest body of people that this change in the law will protect are not foolish, love-struck teens but vulnerable young women forced into marriages permitted by their own families for a host of social and cultural reasons.

As a nation, we have a moral duty to do everything in our power to reduce the number of forced marriages and close loopholes that make it possible to obtain such marriages by legal means. This relatively simple and straightforward change to the existing law would have a significant impact on young people. Marriage is a major life decision for which children are not emotionally or physically ready. Marriage is intended to be a lifetime commitment and should not be rushed into. Setting the minimum age of marriage at 18 provides an objective, rather than subjective, standard of maturity, which safeguards a child from being married when they are not ready.

I passionately believe that it should be our priority to protect children, and that may mean from themselves as well as from potential dangers from others. The very fact that children of 16 and 17 need the consent of their parents to be married shows that they are not mature enough to make the decisions themselves—they are children. Increasing the age to 18 ensures that teenagers do not recklessly and naively rush into marriage, but it also protects them from the demands of parents who try to push their offspring to marry early. I say this as somebody who believes in marriage; I am not trying to stop marriage, just for those who are too young. In both cases, child marriages suffer from complications that too often end in divorce.

This year marks 101 years of the suffragette movement. We should recall that it was pressure from those brave campaigners that brought about the Age of Marriage Act 1929. Until then there was no defined minimum age, and making it 16 was seen as protecting children. However, 90 years ago, most young people aged 16 would have been working, probably since they were 14, unlike now, in England, where they must stay in either full-time education or training. My own mother started work at 14, so it would not have been unreasonable for her to get married at 16. She did not; she waited until she was 19, which in my view is still too young. However, life has changed. In other words, that was then and this is now, and we need to move with the times. Culture has changed, and so has our commitment to protecting young people—or at least it should have done.

There are a number of negative consequences from marrying at 16 or 17. Research has shown that child marriage is often associated with leaving education early, limited career and vocational opportunities, serious physical and mental health problems, developmental difficulties for the children born to young mothers, and an increased risk of domestic violence. A clear example of that is that if married children drop out of school and fail to finish education and training, they can subsequently be locked into poverty. It is clear that that phenomenon disproportionately affects girls. Child brides in particular are often isolated, with limited opportunities to participate in the development of their wider communities and reach their full potential in modern society. It is difficult for child brides to pursue education, employment or entrepreneurial opportunities. Child marriage therefore hampers efforts to eradicate poverty and achieve sustainable development goals. It leaves young brides at risk of premature school drop-out, sexual activity—often without consent or contraception—and the myriad health-related consequences that accompany teenage pregnancy.

The Campaign for Female Education notes that teenage birth rates are highest where child marriage is most prevalent. When girls become pregnant before their bodies are ready, they are at high risk of complications during pregnancy and childbirth, which endanger the life of both mother and child. Human Rights Watch noted that girls who marry are at higher risk of domestic violence than women who marry as adults. The Campaign for Female Education supports that assertion.

It is interesting to note that, in general, fewer people are getting married at a young age. For marriages of opposite-sex couples, the average age for men marrying in 2015 was 37.5 years and for women it was 35.1 years. People are less likely to settle down quickly when they are young.

There is a far greater focus on education for both men and women now. Quite rightly, ambition and expectation are higher for many young people in the modern day and age. The late teens and early twenties are seen as key development years to study, travel and consider options for the world of work. Historically, women may have got married younger, but in the modern world their education and employment prospects are far greater. Some 37.1% of young women go to university, which did not happen in previous years.

The Campaign for Female Education states that women who are employed reinvest 90% of their earnings in their families, lifting themselves, their children, their siblings and relatives out of poverty. However, when a girl is married as a child, that can often mean the end of her education and impede her ability to become financially independent. The campaign concludes:

“One girl’s potential to lift an entire family, and even a community, out of poverty disappears. This is happening millions of times over. As the inter-generational cycle of poverty continues, youth unemployment and economic instability can lead to migration, conflict and violence.”

Every child bride could have been a doctor, teacher, scientist, entrepreneur or politician even. There is a huge social as well as economic cost to child marriage.

British law should act as a gold standard internationally and reverberate around the world. That should be the case with child marriage. We should be using our influence with other countries to end child marriage. Unfortunately, the UK is out of sync with other western countries and ignores the advice of the international human rights conventions on this issue. The international human rights conventions on women’s rights and on children say that countries should end the practice of enabling child marriage below 18. The UK is violating those commitments. Under the UN sustainable development goals, countries around the world have pledged to end child marriage—any marriage in which one or both spouses are under 18—and we have promised to do that by 2030. Human Rights Watch has asserted that the EU could do more to help to end child marriage, and I understand that the European Parliament is working towards that.

Many countries’ legal systems prevent marriage before the age of 18. I said to my hon. Friend the Member for Henley (John Howell) that I had not researched the position in Europe, but I have looked at Sweden, the Netherlands and Spain, because they recently reformed their laws on child marriage, as did the US state of Virginia. Similar laws are pending in other US states, but not in this country yet. Other countries permit marriage among the young only for certain groups. For instance, according to the US State Department’s human rights report on Trinidad and Tobago from 2014, the official marriage age is 18 for men and women, but Muslims and Hindus have a separate Marriage Act.

International law is very specific about who should be allowed to marry. If a country wants to permit exceptions to the minimum age of 18, “mature, capable” children are allowed to marry, but only “in exceptional circumstances” at age 16 or older, when

“such decisions are made by a judge based on legitimate exceptional grounds defined by law”

and

“without deference to culture and tradition.”

By allowing 16-year-olds to marry without consent from a judge, the UK is in reality breaking international law. However, the great hypocrisy here is that we ask other countries, in the developing world, to abide by international law and ensure that the legal age of marriage is 18. I believe it is vital that the UK live by the standards that it is keen to advocate for in the developing world.

Following the first Girl Summit in 2014, the Department for International Development allocated up to £39 million over five years to support global efforts to prevent child marriages. There is a vast body of work to do, as globally 15 million girls under 18 are married each year. By its proactive contribution, the UK recognised that child marriages result in early pregnancy and girls facing social isolation, interrupted schooling, limited career and vocational opportunities and an increased risk of domestic violence, so why are we not leading the way by increasing the legal age of marriage in this country?

[Sir Roger Gale (North Thanet) (Con)]

If I get the opportunity, I hope to catch your eye, Mr Bailey, and raise a couple of points, but in the interim, let me ask this. My hon. Friend has referred yet again to teenage pregnancy. Can she clarify whether she is seeking to change both the legal age of marriage and the age of sexual consent, or just the legal age of marriage?

[Mrs Latham]

With my Bill, if I can bring it back after the next Queen’s Speech, I would be looking to change only the age of marriage. I do not think the House would accept changing the legal age at which sex can take place and I think it would be very difficult to stop that—to change that law. Although it might be desirable, I think it would be impossible—just think of all the young people in this country, with hormones racing round their bodies—to stop sex happening. It has happened throughout the ages, and I think that a measure to try to stop it in this day and age would not get through the House. What I want to do is to change the age of marriage, and perhaps that will have some influence in terms of people deciding to keep themselves pure until they get married. That is a hope I have, but I do not know whether it is a reality.

Why are we not leading the way by increasing the legal age of marriage in this country from 16 to 18, which is the recognised age of adulthood? In Bangladesh, which has the second highest absolute number of child marriages in the world—just under 4 million—some lobbyists are said to be using the current UK law as an example of why the legal age of marriage there should be lowered. They are saying, “You allow children to get married. Why shouldn’t we? Why should we listen to you?”

[Liz McInnes (Heywood and Middleton) (Lab)]

I have had exactly that experience in Bangladesh. I met the Prime Minister and spoke to her about a law that the country was trying to pass to make marriage legal under 18 in certain circumstances, and she threw back to me, “In your country, you are allowed to marry at 16.” The message was really “Do not come here lecturing us,” so I want to echo the point that the hon. Lady made very well just now.

[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 ---

[Sir Roger Gale (North Thanet) (Con)]

I will endeavour to be brief. I have just been doing a quick bit of research while the debate has been taking place. To start, I notice that throughout the European Union—I appreciate that that may not be regarded as a particularly good example at present—the average age of marriage is fixed at 18 legally. That varies in some cases between men and women. In the Nordic countries, for example, the age for males to marry without consent appears to be 18, while for women it can be 16, which tells us something about the problems we are facing in this day and age. That is why I asked my hon. Friend the Member for Mid Derbyshire (Mrs Latham) about the age of consent. There are those of us who believe, as she clearly does and as I do, that the age of marriage without or even with consent is too young and needs to be raised to 18, but we then have the problem of promoting unmarried sexual relationships, which many of us would not wish to seek to do. There is a dilemma there.

I was running a yard rule over the ages of consent, and they range from 11 in Nigeria up to Portugal at 21, though the age of consent for marriage in Portugal is 18, which presumably makes for some interesting celibate relationships between the ages of 18 and 21. I am not sure how they square that circle, but happily that is not our problem. We are here to discuss the situation that prevails and the situation we would like to see prevail in the United Kingdom.

I have listened to the arguments of my hon. Friends the Members for Mid Derbyshire and for Congleton (Fiona Bruce), and I concur with virtually everything they said, but I do not think we are here this morning to preach, and I am not here to sit in judgment on my fellow man or, in this case, more particularly, my fellow woman. Relationships and cultures vary, but we live in a United Kingdom that sets its norms and standards by the wishes of our population, and, in so far as it is possible—I think it is right to use the phrase that my hon. Friend the Member for Mid Derbyshire used—we try to set a gold standard. We seek to do what is right for the young men and women of our country, of whatever colour, class, denomination or creed.

I hope you will permit this, Mr Bailey, but I will digress very slightly. During the debates on same-sex relationships—note that I use the word “relationships”—as a Christian and an Anglican, I apparently heretically raised the proposal that marriage, a word I use advisedly, is a relationship between a man and a woman with a view to procreation and that anything else is a partnership. That is something that prevails not only in the Christian faith, but in many other faiths—probably most. I put forward the suggestion that we should recognise the fundamental difference between a civil union and a faith marriage and that the word “marriage” should be reserved for faith. I would have got rid of registry office weddings and civil unions and had one category of civil partnership, whether heterosexual or same-sex, for everything else. That would have made a much safer definition for everyone, but unhappily we did not go down that road at the time, because that was not the way the political wind or political correctness were going.

While seeking to recognise the separation between the age of consent and marriage, or civil union—in this context, I will use “civil union” from now on—it seems to me that one of the duties we have is to protect young people from predatory older adults of whatever sex. I can just about remember when I was 16. I suspect I was fairly vulnerable; I suspect most of us were and I suspect that young people today still are, in the main, in the United Kingdom, which is what we are talking about.

I understand the culture of arranged marriages, but that is not what we practise in our culture. I do not think they are advisable or desirable, but if such marriages are going to take place and that is the nature of the culture, I see no reason whatever why even an arranged marriage should not be arranged at 18, rather than 16. I take the point that has been made that 18 ought to allow a child to have a childhood, an education and a degree of maturity, whether male or female, before entering into what for some of us is the most sacred of unions. By the way, I speak as a hypocrite, because I am a divorced married man. I am happily married now, but I have to concede that my “till death us do part” vows did not hold. I want to set the record straight on that. I am unable, in the terms of my faith, to marry the lady whom I love and live with in a Christian church because technically, in the eyes of the Lord, I am still married.

Although I support the motion, I want to put down one caveat, which is that comparisons with other continents are dangerous. I have worked as an international election observer in many countries for some years, but particularly throughout the continent of Africa, where the voting age is 18, as it is in most countries. I recall very vividly challenging a young lady about her voting intention as she was queueing to vote. I asked her to produce a card, which she did. She had an ID card that claimed she was over 18. Well, that young lady was certainly not a day over 13, but she was carrying a baby on her back, and it was her baby. It was borne in upon me by local people that although this young lady was probably well under 18, sadly, in the terms of that particular country, where the average lifespan for a young woman is still probably only about 35, she was actually nearly halfway through her life.

If we look at it from that point of view, to suggest that that union, inside or outside of marriage, should not have taken place, becomes ridiculous. We have to recognise that while we may set an example and want to raise the bar ourselves and say, “This is what is right for our young people,” it ill behoves us to go to far-flung places to try to tell other people in other countries with other cultures and, sadly, other life expectancies, how to live.

[Mrs Latham]

I understand what my right hon. Friend says, but the girl is a child. If he thinks she was only 13, she must have been pregnant when she was 12. Whatever the culture of the country, it is a terrible burden for her, however long her life will be. She could have had the child at that age as a result of rape. She probably was not married. If she was married, it was probably a forced marriage. I cannot agree with his point, because that girl should never have had a child at that age. Whether she lives to 35 or 95, it matters not; her body is not ready for it. I fundamentally disagree with the point that he has made.

[Sir Roger Gale]

I knew it would be a point of disagreement; it was fairly inevitable. That is why I said carefully that I do not think we can come here and preach this morning. Secondly, while we are entitled to set our own gold standards and yardsticks, we should not seek to impose them on other people in other countries with other cultures. We can set an example and help to raise standards of living and life expectancy in other countries through our aid programmes and in other ways, but we cannot tell them what they should do.

The reality on the ground is precisely the reality that my hon. Friend conceded when she said we could not fix the age of marriage in this country to the age of consent. We have to live with the reality internationally. The reality in this country can well be marriage at 18, and in my view and my hon. Friend’s view, it should be, but to say that we are going to stand like Canute at the waves’ side and tell the tide to go away is nonsense. Realistically, politically and practicably, we will not be able to raise the age of consent. It simply will not happen.

There is an incompatibility between the age of consent argument and what we are proposing, which I endorse: the age of marriage at 18. I would prefer people to be married or in a formal, legal civil union before they have children, but in reality that is not the case. With those caveats, I am pleased to support my hon. Friend’s motion.

--- 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.

[Fiona Bruce]

My hon. Friend puts her finger on a point that those of us who promote strengthening families make time and again: no single Department is overseeing the issue, because it straddles several Departments. We need a senior Minister, ideally at Cabinet level, to oversee the issues that affect families.

[Mr Adrian Bailey (in the Chair)]

Order. We have a little time available, so I have been fairly lenient in allowing interventions on what should be just a summing-up speech, but I ask hon. Members not to abuse that leniency.

[Mrs Latham]

Thank you, Mr Bailey. The Minister said that there are not many marriages under the age of 18, but actually I think the issue is under-reported: there are more forced marriages than we know about, and we need to protect girls from them.

The hon. Member for Swansea East (Carolyn Harris) spoke about children being able to sign up to the Army. However, it could be argued that that is education and training, because up to the age of 18 they cannot fight on the frontline. That is just what we have legislated for; we want people to stay in education and training until that age.

It is interesting that this debate has come up in National Marriage Week, which is an important thing. I am not trying to stop teenagers who have fallen in love at school, who are love’s young dream and who want to get married, but I think that they can wait until they are 18. There is no compulsion for them to get married that much earlier; waiting would give them time to reflect.

Northern Ireland and Scotland have been mentioned, but the marriage age should probably be a devolved matter, so we should look just at England and Wales. I am sure that Northern Ireland would not disagree that 18 is the right age, but I think Scotland would argue differently.

Finally, I recommend that the Minister reads Jasvinder Sanghera’s book “Shame”, which tells her life story. She has written several other books, including “Daughters of Shame”. Her story is quite sobering. Her sister had a forced marriage under the age of 18; she was taken away, forced to marry somebody she did not know and brought back to this country. It was a very unhappy marriage, and in the end she decided to cover herself in petrol and set herself alight. That was in the streets of Derby; it is very close to my heart. I recommend “Shame” because it shows the realities of forced marriage. It is slightly out of date, because it happened a few years ago, but the point stands.

Increasing the minimum age will not stop forced marriage, but children of 18 are that much more mature and have more of an opportunity to tell their parents, “No, I don’t want to do this. I want to go to university, study and make something of my life.” I urge the Minister to work with other Departments to make our proposal a reality. I will be bringing it back after the Queen’s Speech, so I urge him to get on with it, please.

Question put and agreed to.

Resolved,

That this House has considered the minimum age for marriage and civil partnership.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Pauline Latham Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 11th March 2019 Commons Chamber

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I congratulate my hon. Friend the Member for Richmond Park (Zac Goldsmith) on bringing forward this addition to the Children Act. I remind him that, although he has been working with Nimco Ali, who is a fantastic campaigner, and Jaha, who has had fantastic success in Gambia, this all started with Jane Ellison, a former Member of Parliament for Battersea, when she formed the all-party group on female genital mutilation. She did some amazing work to bring this issue to people’s attention and she was devastated that there was no prosecution during her time here.

We have just had a prosecution, but it is hard for young people to testify, sometimes against family members, or, if not family members, against people who are friends of the family. It is really difficult for relatively young girls to go through with the prosecution. Although we have had only one prosecution—and it is incredibly important that we have had one—I can understand why we have not had more, but now that we have had that prosecution, I would like to see people feeling less frightened to come forward.

I also believe that teachers need more training to recognise the signs of when girls are going to be taken abroad. I know that it does not happen all the time and that a lot happens here, but some are taken abroad, just as they are for early marriage and forced marriage. Teachers need to be trained to recognise the symptoms of what is happening. Doctors and nurses also need additional training to make them report what they see. Many doctors in the past have seen this but have never done anything about it to protect people, because they believed that it was not their job to do so and that they should let sleeping dogs lie. That really should not be the case, because what is happening to young girls is brutal. There is the risk of bleeding to death. There is a huge risk of infection. Somebody earlier likened this to abortion in the 1950s. It is no better than the knitting needle and the gin, because there is no protection for these girls and absolutely no pain relief for them either. The perpetrators need to realise that we are serious about catching them and stopping FGM in this country.

I congratulate the Secretary of State for International Development, my right hon. Friend the Member for Portsmouth North (Penny Mordaunt), who is sitting on the Front Bench. She has put an enormous amount of work and funding behind trying to stop FGM in other countries around the world. I commend her for her work because it is really important that it is not just us who are doing this; we have to help other countries to stamp it out as well. As was said earlier, we have seen the success in Gambia, which is incredibly important to this campaign. It can be stamped out once we get over the barrier that it is not cultural and not religious—it is just sex abuse for these young girls. We must get that over, and I commend the Secretary of State for the work she has done and the huge amount of resources she has put into this issue.

I also commend the hon. Member for Rotherham (Sarah Champion), who made a very passionate speech, a lot of which I was going to say but I cannot, because she has already said it. What has been really good about this debate is that it has united both sides of the House. We work better when we work together. There are things that divide us, but on issues such as this, we can all work together, just as we can on raising the age of marriage and forced marriage.

[Sir William Cash (Stone) (Con)]

Will my hon. Friend give way?

[Mrs Latham]

Yes, of course.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. The hon. Gentleman has only just walked in. It would be rather unfair on the other people who have been here. I think he should wait a little while.

[Mrs Latham]

Thank you, Mr Deputy Speaker. I think I know what my hon. Friend was going to say, because he was talking about something that we worked on together to try to bring this issue to the fore some years ago. We have to recognise that what has happened in this country has not been as successful as it could have been. We need people in this country to really go for the perpetrators, and anybody who knows anything should report it to the police. As I said, however, it is very hard for young girls to testify in court against family members or friends of the family, and we have to work together to try to make it easier for these cases to come to court and to have successful prosecutions.

Oral Answers to Questions

Pauline Latham Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Speaker]

If the hon. Member for Mid Derbyshire (Mrs Latham) were standing on this question, I would call her; if she does not, I will not.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

rose—

[Mr Speaker]

But she is doing so, so I will.

[Mrs Latham]

23. As well as the importance of employment opportunities for ex-offenders, does the Minister agree that the provision of affordable housing for former prisoners is a significant factor in preventing reoffending, and will he outline what steps he is taking on this?

[Mr Speaker]

Just a heads up in case the hon. Member for Strangford (Jim Shannon) requires it—the same would apply to him in a moment.

Oral Answers to Questions

Pauline Latham Excerpts

Tuesday 5th June 2018 Commons Chamber

[Mr Gauke]

The hon. Gentleman raises an important point, because there is evidence showing links between brain injuries and offending. If I may, I will take away his suggestion about testing across the board to see whether that is the right use of resources—that is something that we would have to look at—but he makes an important point about understanding the link between brain injuries and offending.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

When there are employers who wish not only to help people when they come out of prison but to train them while they are in prison, will my right hon. Friend ensure that no prison puts barriers in place because of risk assessments so that we ensure that they can actually help prisoners?

[Mr Gauke]

We do want to encourage employers to get into prisons to work with prisoners before they are released. It is important that there is not a huge cliff edge from being in prison to then being released. We need to look at the best ways in which we can do that.

Oral Answers to Questions

Pauline Latham Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

8. What steps the Government are taking to improve access for offenders to employment and literacy education.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

12. What steps the Government are taking to improve access for offenders to employment and education.

[The Minister of State, Ministry of Justice (Rory Stewart)]

We have been doing three things on education: first, we have been making sure that governors are empowered to bring in their own education providers; secondly, we have been setting minimum standards, particularly on English language learning; and thirdly, through the new futures network, we have been connecting people to jobs.

--- Later in debate ---

[Mr Speaker]

It was a gentle exhortation, I would say.

[Mrs Latham]

Can the Minister say anything more about the steps the Government are taking further to empower governors to deliver effective education and training in prisons?

[Rory Stewart]

Yes. We have empowered governors by having in place a new procurement contract, which means that we in the Ministry are going to do the central procurement bureaucracy, but the governors will be able to choose who they use to train and educate the prisoners. I saw a good example in Altcourse Prison in Liverpool of how governors are also going to be able to choose which companies to pair with. The excellent work on metal welding that I saw in Altcourse will really contribute to those prisoners getting jobs in the community.