MINISTRY OF JUSTICE
News Release (101/07) issued by The Government News Network on 26
July 2007
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.
ENDS