Ministry of Justice
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New law to prevent forced marriage
Legislation aimed at protecting the victims of forced marriages and preventing them from taking place has received Royal Assent, the Ministry of Justice announced today.
Under the Forced Marriage (Civil Protection) Act, where a forced marriage has or is about to take place, courts will be able to make orders to protect the victim or the potential victim and help remove them from that situation.
The courts will have a wide discretion in the type of injunctions they will be able to make to enable them to respond effectively to the individual circumstances of the case and prevent or pre-empt forced marriages from occurring.
The Bill was introduced to Parliament in November last year by Lord Lester of Herne Hill as a Private Member's Bill. The Government then worked to strengthen the draft legislation and laid amendments to the Bill to provide greater powers for the courts to identify and protect victims of forced marriages.
Bridget Prentice, minister at the Ministry of Justice said:
"This legislation sends out a clear message that forced marriage, a breach of an individual's basic right to choose who and when they marry, is not acceptable in our society. It will enable us to make better use of civil court remedies to provide protection to those placed in this intolerable position.
"The Act is just one part of a much wider programme of work already underway to raise awareness of the problem of forced marriages and protect women's rights in this area."
Lord Lester of Herne Hill QC said:
"The Bill tackles a serious social problem in a practical and sensitive way. It has become law in record time because it has won the support of all three main political parties and of grassroots bodies like the Southall Black Sisters, IMKAAN, Ashiana and Karma Nirvana, who work to protect women and children against being forced into marriage. What matters now is to translate the new law into practical reality. That will require strong leadership within the minority communities working in partnership with public authorities and voluntary bodies."
Meg Munn, minister at the Foreign & Commonwealth Office, said:
"I am pleased that Parliament has passed a new law to tackle forced marriage. The Government's Forced Marriage Unit has helped many people since it was launched in 2005. This new legislation will give greater protection to potential victims and victims and I look forward to its speedy implementation."
Under the Act the courts will have the power to make Forced Marriage Protection Orders to stop someone from forcing another person into marriage. The courts will have a wide discretion in the type of injunctions they will be able to make to enable them to respond effectively to the individual circumstances of the case and prevent or pre-empt forced marriages from occurring.
Furthermore, courts will be able to attach powers of arrest to orders so that if someone breaches an order they can be arrested and brought back to the original court to consider the alleged breach.
The Act will also:
* Enable people to apply for an injunction at the county courts, rather than just the high courts;
* Enable third parties to apply for an injunction on behalf of somebody else.
Notes to Editors
1. The Forced Marriage (Civil Protection) Bill 2006-07 was introduced to Parliament on 16 November 2006. The Parliamentary progress of the Bill can be viewed at: http://www.publications.parliament.uk/pa/pabills/200607/forced_marriage_civil_protection.htm
2. The Forced Marriage (Civil Protection) Act 2007 will be available from the Parliamentary Bookshop.
3. The joint FCO/Home Office Forced Marriage Unit (FMU) was launched in January 2005 as the UK's "one stop shop" for developing Government policy on forced marriage, co-ordinating outreach projects and providing support and information to those at risk. The Unit handles approximately 250-300 cases per year, 15% of which involve men.
4. Although the FMU sees cases from around the world-including East Asia, Africa, the Middle East and Europe-the majority are from South Asia. Approximately 65% of cases are in families of Pakistani origin and 25% are in families of Bangladeshi origin. Around a third of cases the FMU deals with are children, some as young as 13. The Unit also assists reluctant sponsors-those forced into marriage and subsequently forced to sponsor a visa application-and has dealt with over 100 cases since May 2006.
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