Marriage and Civil Partnership (Minimum Age) Bill

Peter Gibson Excerpts

Friday 25th February 2022 Commons Chamber

[Peter Gibson (Darlington) (Con)]

It is a pleasure to follow my hon. Friend the Member for Bosworth (Dr Evans), and I congratulate my hon. Friend the Member for Mid Derbyshire (Mrs Latham) on having brought forward this Bill. She has campaigned tirelessly on this issue for many years, and I commend her for stepping into the breach and expertly guiding this legislation through Committee to today’s Third Reading. I was privileged to support her in serving on the Bill Committee, and I am pleased to be here to support her today. I know from my own experience that bringing forward a private Member’s Bill is a hugely rewarding process, particularly when it stands a real chance of becoming law, but it can also be a challenging one, and I congratulate my hon. Friend on reaching this stage. I also pay tribute to my right hon. Friend the Member for Bromsgrove (Sajid Javid) for the work that he has done, not just in support of the Bill but on child protection more generally. It was good to see him in his place earlier.

The most important thing to note about this Bill is that it is not an attack on the institution of marriage; it offers marriage significant respect, aiming to ensure that those who enter into a marriage are fully able to judge whether it is the right choice for them. The age of 18 is an appropriate point at which to set a benchmark for such a lifelong commitment, and not before. While statistics show that child marriage primarily affects girls, it must be remembered that this issue can affect boys, too. The Bill is essential to protecting all children, no matter their sex.

Child marriage can have a devastating impact on vulnerable children, denying them the opportunity to fully participate in society. We know that children who are subject to child marriage have significantly worse opportunities and life chances, including a lack of education and job opportunities; the removal of independence; serious physical and mental health problems; and developmental difficulties for children born to young mothers, alongside an increased risk of domestic abuse and divorce. Effectively, the experience for many who are coerced into child marriage is the entrenchment of poverty and being limited to a life of low education. Banning child marriage, which this Bill effectively does, will give those who would have been vulnerable to it a greater chance to fully engage in our society, safeguarding their future so that from the age of 18 they will not have been denied the same opportunities afforded to others.

In 2022, education or vocational training is compulsory up to the age of 18, and the average age of marriage—as we have heard—is now 30. It seems entirely outdated that provision for marriage at 16 remains on our statute books, allowing children to enter into a lifelong commitment as significant as marriage before they have even completed their schooling. However, it is not surprising that the system is not fit for the modern age, given that our current laws date back to 1929.

It is essential that we ensure that children have enough time to grow and mature before entering marriage or civil partnership, which is potentially a lifelong commitment with significant legal and financial consequences. I am delighted that the Bill seeks to close loopholes and address the practice of child marriage in England and Wales while modernising legislation so that it reflects today’s society.

I have already mentioned non-registered religious and cultural marriages that take place in the UK. Indeed, laws on marriage apply only to registered marriage ceremonies; the only requirement on religious marriages is that they are not forced marriages. However, that in itself poses a problem. To prove a forced marriage, the courts must find that there has been coercion or that undue pressure has been exerted on someone to enter into the marriage. That means that, in effect, in the case of child marriages, the child would need to give evidence that may condemn their parents, but children aged 16 are unlikely to go against their parents who look after and bring them up. In effect, they cannot act independently, so the child forced into a marriage will, more likely than not, say that they consented to the child marriage.

I am pleased that the Bill rightly covers those unregistered religious marriages. It will make arrangements so that any marriage, be it religious or civil, that involves a person under the age of 18 will automatically be categorised as a forced marriage. That categorisation will remove the ability of someone to claim that consent was given. We should be mindful of that get-out in the coming months as we consider legislation covering a ban on conversion therapy.

The Bill will ensure that those who facilitate or encourage child marriage will be committing an offence and rightly face criminal charges. I am delighted that it will ensure that those who attempt to coerce children into marriage will face the consequences of their actions. They will face prison time, including a maximum sentence of 12 months in prison, or a fine—or both—in the magistrates court, or up to seven years in prison in the Crown court.

The Bill also tackles child marriages that take place abroad. All too often, a child can be taken abroad to be forced into a marriage that they are in no way old enough to consent to. Under our current legislation, we would be unable to punish those who take a child abroad for marriage unless the child was willing to testify that they had been forced into it. The Bill will close that loophole. Under its provisions, all marriages of under-18s that take place abroad will not be legally recognised in England and Wales if either party is domiciled here. That will not only act as a further obstacle to those seeking a child abroad to marry, but make it clear to professionals such as teachers and social workers that they should report children travelling abroad to marry if they are made aware of it.

I am proud that the UK is committed to achieving by 2030 the UN sustainable development goals, one of which requires all countries to eliminate the practice of child, early and forced marriages. We cannot criticise child marriage around the world and encourage other nations to stamp out that harmful practice until we have stamped it out in our country. The Bill will rightly allow us to live up to our international obligations.

I am delighted to be here to support my hon. Friend’s Bill. It will bring our legislation into the 21st century and ensure that we afford vulnerable children the protection that they deserve from forced and damaging child marriages. I hope that it will pass its Third Reading today and secure its place on the statute book.