Marriage and Civil Partnership (Minimum Age) Bill

Virendra Sharma Excerpts

Friday 25th February 2022 Commons Chamber

[Dr Luke Evans (Bosworth) (Con)]

Let me start by paying tribute to the hon. Member for Ealing, Southall (Mr Sharma) for his speech and, in particular, what he said about his mother. I was struck by how heartfelt it was and by the opportunity that she gave. My biggest concern was for those who are not so fortunate as to have such an opportunity, which is why this legislation is so important. That leads me on to my hon. Friend the Member for Mid Derbyshire (Mrs Latham), whom I congratulate on her strength and ability to bring the technical aspects forward and on having the courage of her conviction to stand up and make the statement, “This is wrong.” I wholeheartedly support her.

I got married recently, in 2019. It took me seven years to pop the question and 18 months to organise the wedding.

[Mr Virendra Sharma]

Was this at 16 years or older than that?

[Dr Evans]

I thank the hon. Gentleman for his kind compliments. I am the tender age of 39, so there is still a bit of time to go there. Time does pass fast for those who need to wait two years, although my wife may have wished the seven years had passed more quickly.

To me, there are three parts to becoming married: the legal aspect; the religious aspect; and the declaration to one’s friends and family. I am not religious, and I had a legal wedding held in a registry office, with a celebration with my friends and family two weeks later. When I went into that legal office, I was struck by the interviews and questions, with me and my partner being separated in order to find out what was going on, how we were stepping into this and what thought process we had gone through. This was done to see whether there was any coercion. That is what brought my attention to this Bill, because it struck me that it is so important to do that. I thought, “If this is happening to adults, what must happen to children at this point?” The fact that the legislation was not there to protect people was a huge concern for me.

So I am so pleased to see this legislation being brought forward, especially with the extension to the age of 18. Other Members have made the point that we are coalescing around the age of 18 for education, tobacco, tattoos, alcohol and indeed voting. So this seems sensible to me, because that is where we are defining the end of childhood and moving on to later life.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

Let me begin by again offering my wholehearted support to my hon. Friend the Member for Mid Derbyshire (Mrs Latham), who has been a persistent and tireless campaigner on this issue for many years. She has run an exemplary campaign, which Members throughout the House will no doubt want to study and monitor for their own purposes in the years ahead when introducing their own private Members’ legislation.

I pay tribute to colleagues on both sides of the House for their contributions, not just today but throughout the Bill’s passage, and for the constructive spirit in which these matters have been approached. We have seen the House at its very best. I, too, pay tribute to the hon. Member for Ealing, Southall (Mr Sharma) for the way in which he talked about his own personal experiences and those of his mother. What an inspirational story that is for all of us, and one on which we will all no doubt reflect in the days ahead: it was very much a forerunner of this Bill. I think it important also to place on record that my hon. Friend’s campaign has been so persistent and so successful that she has also had brilliant backing from both the Home Secretary and the Deputy Prime Minister in getting the Bill to this stage.

Having the privilege of being the Minister responsible for marriage and divorce, I am particularly aware of how necessary these provisions are. Many people are surprised when I inform them that child marriage is still legal in this country. As our society changes for the better, it is important that our laws are kept up to date. The Bill ensures that children can no longer legally enter into a marriage or civil partnership in England and Wales. It also tackles unregistered marriage ceremonies by expanding the offence of forced marriage to make it illegal to arrange for a child to enter marriage where coercion is not used. The Bill is taking positive action to protect children. Our objective throughout has been to protect as many children as possible from this harm.

The changes to the legal age of marriage only impact individuals who wish to marry aged 16 or 17 on a temporary basis; as soon as they turn 18, they can get married if they choose. In the meantime, they can focus more fully on tasks such as completing their education, which will help to maximise their future potential and life chances. The Bill also promotes equal opportunities. We know that girls are more likely to marry as children, and therefore more likely to be impacted by the adverse effects of child marriage that my hon. Friend helpfully set out.

The Children’s Commissioner recently carried out “The Big Ask”, a national survey of England’s children. When asked about their worries, some children reported their fear of being pressurised into a marriage that they did not want. No child should have to face the horror of forced marriage. As my hon. Friend said, it is not the norm. Pressurising a child in this way is abhorrent and we should call it out for what it is. Through the Bill, of course, we are taking action not just to call it out, but to have in place a strong legal framework to deal with that abuse.

A marriage or civil partnership should only be formed if both parties freely consent and are properly able to make that choice. A family not formed on that basis is unlikely to bring benefits to its members or to society, and may be more likely to lead to issues such as domestic abuse and emotional distress. Increasing the age of marriage to 18 is also likely to reduce the risk of relationship breakdown owing to the increased age and maturity of the parties involved. Marriage is an important institution that we want to protect and strengthen as much as possible, as was so eloquently set out by my hon. Friend the Member for Bosworth (Dr Evans).

I will now turn to the specific asks of Government made by my hon. Friend the Member for Mid Derbyshire. I agree with her that it is vital we commence these changes as soon as possible and I know that officials are working on implementation plans. However, as much as I would like to, I cannot make a commitment that the Bill will be ready to be commenced by the school summer holidays. I am keen, however, to expedite as far as feasibly possible the work we need to do to implement the Bill.

The changes made by the Bill require a set of implementation activities, including updating the General Register Office’s IT systems and amending secondary legislation. Forced marriage changes will impact multiple agencies, requiring updates to guidance, systems and processes. Those would most likely affect the police, the Crown Prosecution Service, the courts, the Prison Service and the probation service. We also need to make sure that the public are given plenty of notice that the law is changing and to be mindful of those who may be planning weddings which were perfectly legal at the time that notice was given.

As the Bill would not reach Royal Assent until later this Session, the ask would therefore be commencement within a few months, and I fear that that is too steep a mountain to climb. Much implementation activity cannot happen until Royal Assent, because until then we cannot be certain that the Bill will become law or what its exact shape will be. Like my hon. Friend, however, I have every confidence in Baroness Sugg, who I know will shepherd the Bill effectively through the other place to make sure no time is wasted at that end in getting the legislation into law. At our end, I give my hon. Friend my assurance that we will commence as soon as we possibly can, but just as it is important that this law starts protecting children as soon as possible, it is also important that it does not come in until the relevant statutory agencies are properly set up to deal with it, because there would be nothing worse than a case which was mishandled through lack of knowledge or gaps in the underlying systems. She knows I always like to drive a hard bargain. I am mindful of timeliness and I can assure her there will be no needless or unnecessary delay.

I can also reassure my hon. Friend that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), and I will both work with the Department for Education to ensure that we raise awareness in schools about the changes in the law. I understand that next week she will be meeting with the Under-Secretary of State for Education, my hon. Friend the Member for Colchester (Will Quince), the Minister for children and families, to discuss that very issue. As with so many changes in the realm of hidden harms such as forced marriage, changes in the law are a necessary but by no means sufficient condition to achieve change on the ground. I can also tell her, by way of an update, that I recently had a meeting with the Children’s Commissioner where I raised this very issue. It is fair to say that my hon. Friend would be pushing at an open door in terms of engaging with her, because she has been exceptionally supportive of the Bill and is keen to help on awareness. I am grateful to the Children’s Commissioner for her support for this work.

[Mr Virendra Sharma]

This is an historic move in British history and it will be remembered for many years to come, so can the Minister look at naming the Bill the Pauline Latham Bill?

[Tom Pursglove]

The hon. Gentleman is one of the most decent and incredibly kind Members of this House. I have to say, however, that I do not think that that is a decision I will have to make, as it is highly likely that the Bill will regularly be referred to as the Pauline Latham Bill and rightly so. All of us in this House are incredibly proud of her for the work she has done in advancing this cause. I think that decision may be taken out of our hands, because that will just be the term by which the legislation will be referred to. We are grateful to her—we really are.

I can confirm that the multi-agency guidance which the Home Office produces on forced marriage will be updated to take account of the changes to the law. That contains chapters for different professions, including the police, teachers and social workers, and we will update all of them to reflect the amendments in the law. I am sure that, as they always do, the College of Policing will update operational guidance for the police in line with the changes to our guidance. While it is not for me to promise changes to the CPS guidance, as the CPS is independent, it will always make necessary changes to its guidance to reflect changes in the law, and I see no reason why it would not do so in this case, too. By way of trying to be constructive, I will undertake to ensure awareness among my ministerial colleagues in different parts of Government, so that the conversations they have with those various agencies in the months ahead touch on this issue, and underline the importance we place on it and the need to get these things right.