Views on forced marriage wanted by Justice Committee

13.11.2013

Should Scotland fall into line with the rest of the UK on making forced marriage a criminal offence or are current legal provisions sufficient?

• Read the call for evidence

The question is part of a call for evidence published today by the Justice Committee.

The call for evidence is the result of UK legislation that is seeking the Scottish Parliament’s consent for the UK Parliament to legislate on the Scottish Parliament’s behalf in the following areas: the enforcement of civil protection orders relating to sexual offenders; the criminalisation of forced marriage; and the functions of Scottish Ministers in relation to firearms offences.

Relating to forced marriage, the UK Bill would make it a criminal offence for a person to use violence, threats or any other form of coercion to make another person enter into a marriage without their free and full consent.

Justice Committee Convener, Christine Grahame MSP said:

“This new UK Bill would introduce a new criminal offence of forced marriage into Scotland. We want to hear from stakeholders on whether they think this is an improvement on our current legal situation or not?

“Currently in Scotland a victim or a local authority can apply to the court for a Forced Marriage Protection Order and then any breach of that would result in contempt of court. It may be stakeholders believe that is sufficient.

“We welcome all views on this and the two further areas of the LCM.”

Next Steps

The Scottish Government lodged a supplementary Legislative Consent Memorandum (LCM) on 11 November for the Anti-social Behaviour, Crime and Policing Bill.

The Bill is due to proceed to the Committee Stage in the House of Lords on 12 November 2013. It is anticipated that the Report Stage of the Bill in the House of Lords will take place in early January 2014. In order for the Scottish Parliament to decide on whether to give consent prior to the last amending stage in Westminster, the Justice Committee is required to report before Christmas.