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Rule of Law

My Lords, I too add my congratulations to my noble friend Lady Park of Monmouth for securing this important debate. I know of her deep passion and commitment in ensuring that this debate remains at the heart of our public debate here. It neatly follows on from the previous debate. My noble friend has raised a number of serious questions and I look forward to the Minister’s response. I will pick up on some of the points already raised by my noble friend and other noble Lords. We are aware that each year children, predominantly girls from south Asian families, are taken out of education in the context of a family holiday or similar, and then disappear from the system. While everyone recognises that there is a problem, there still appears a great reluctance on the part of local authorities and other agencies to intervene, or to be proactive in seeking out these young people. I will listen with great interest to the Minister’s comments on what the Government are doing to ensure that their guidelines are being properly followed. They must recognise the need to ensure that while we respect cultural sensitivities, it must not be at the expense of young people reliant on those agencies to protect them. I start by addressing forced marriage. As has been recognised by this House, and as required by the Forced Marriage (Civil Protection) Act 2007, we must distinguish between arranged marriages and forced marriages. The former are accepted and often successful cultural practices where both partners willingly consent. In contrast, forced marriages are an unjustified and unacceptable human rights violation. Physical and emotional abuse remain at the heart of coercion. Often young people find themselves in places where they are alone and friendless. Submission is usually the only option. However, there is sometimes a fine line between arranged and forced marriages. We must be aware of that. Let me quote from Shakespeare’s ““Romeo and Juliet””: "““Oh, bid me leap, rather than marry Paris, From off the battlements of yonder tower””." Forced marriage is an age-old phenomenon. While it is uncommon among many cultures, sadly it remains high in others. Statistics from the Forced Marriage Unit highlight that 15 per cent of the 400 cases a year they deal with involve young men. The ages of victims range from as young as 13 to adulthood. Their family backgrounds range from African and European to Asian descent. I wish to highlight the practical problems associated with tackling forced marriage. The work of the Forced Marriage Unit is to be commended since its success in helping those who have been through this ordeal is tremendous. However, it must be noted that on top of the 400 cases a year which the Forced Marriage Unit deals with, those at Southall Black Sisters state that they see another 150 extra cases a year. Southall Black Sisters provides phenomenal support within the heart of the community and it would be devastating to see its funding cut, as was suggested to me recently by a friend. More alarmingly, Dr Nazia Khanum, OBE, in her research into the prevalence of this problem within the UK, estimated that there are, in fact, 3,000 cases of forced marriage a year. Why is there such a disparity between the 400 cases reported to the FMU and the estimate given in Dr Khanum’s report? It seems that the gap is led by fear: fear on the part of the victim who does not know to whom or how to report their concerns and fear on the part of public bodies to get involved. For that reason, to ensure that the Forced Marriage Act is effective in protecting both existing and potential victims, I urge that the guidelines to professionals on dealing with the issue are rigorously enforced and monitored. How will the Minister monitor whether appropriate mandatory training for police officers, social workers, health workers and teachers is taking place? As I am sure he will agree, only that will ensure that the victims will feel competent to deal confidently with the problem, and it will also increase the victim’s faith in the system. The role of teachers in ensuring the success of the Act is vital, especially for the 12 to 18 year-olds, where the problem is most prevalent. If teachers are trained to recognise the warning signs of a forthcoming forced marriage or a removal from education, their ability to approach a child may overcome a child's fear of reporting their concerns. Training must be enforced, not only on recognition of the problem, but in discussing issues sensitively and competently, and on the procedure to follow and find support. Schools and colleges already have posters that they can put up, but some head teachers are reluctant in case they cause offence to local communities. We must take the issue as seriously as that of child protection. Will the Minister reassure noble Lords that schools and colleges which report young people not returning from long absences will be taken seriously and will he ensure that thorough investigations take place, as that may be the only lifeline that such young people may have? In reference to points made by my noble friend, education and its availability to provide a basis on which young people of all backgrounds can learn of the history and cultural values of the country in which they reside is important. They can then relate to the difficulties that they face when they undergo the onslaught of cultural responsibilities from the culture into which they are born. The second issue is female genital mutilation, which has recently been discussed at length in the House. I do not wish to repeat the ways in which genital mutilation can occur as the noble Baroness, Lady Rendell, has expressed it with much greater knowledge than I could ever possibly do. It is a horrific custom—a vile procedure. It is carried out on girls who are mainly between the ages of four and 10 and the lasting trauma impacts on their innocent lives for the rest of their lives. The World Health Organisation outlined the four ways in which it may occur, and each one is more barbaric than the last. I urge all noble Lords to go on to the website and read the foul, vile, obscene violation of young girls’ lives. Whatever reasons are used to justify the practice of mutilation of female genitalia, it is a criminal offence and the utmost protection to potential and existing victims must be provided. Forward UK estimates that 279,500 women currently residing in England and Wales are likely to have undergone FGM, while 22,000 children under the age of 15 are likely to be at risk of undergoing the procedure. Yet despite these staggering numbers, this House has noted that not one prosecution has occurred under the Female Genital Mutilation Act 2003. It is obviously a sensitive and difficult subject and the role of health professionals is vital to prevent the continuation of this abuse of human rights. The noble Baroness, Lady Thornton, has stated: "““When FGM comes to the attention of any professional, consideration needs to be given to any child protection implications … and a referral made to social services or the police if appropriate””.—[Official Report, 5/6/08; col. 260.]" Are there any statistics evidencing that disclosures have been made or that information has been followed through? As with forced marriage, I highlight the need for clear guidance in order to protect vulnerable individuals from practices that cannot be justified by cultural context. No doubt these issues will be discussed many times over—that is right. Those who have the protection of our legal system must always be assured that when they feel voiceless, there will be many fighting hard for the rights that they should enjoy, regardless of what community they belong to. We must make it clear to those who support these practices that they have nowhere to hide. I had an arranged marriage nearly 31 years ago. My husband won me over with Crunchie bars and fruit cake. There are many successful stories, but some, unfortunately, are heartbreaking; of young people married against their will and of communities building walls of silence or colluding with parents to unleash vile measures in order to sustain and maintain these cultural practices. I belong to a community that still prefers boys to girls; where different standards apply depending on whether you are a boy or a girl; and where, in the name of family honour, particular practices continue, allowing torture, beatings and the removal of all rights and liberties, especially if you are female. Let us remove the label of ““honour”” from those disgraceful practices. There is no honour in actions that defile, belittle and degrade other human beings. I understand the reasoning behind proposals in the Education and Skills Bill to make education or training compulsory to the age of 18, but I urge noble Lords to look closely at the unintended consequences that may arise. I hope that we do not see children going absent from education at an even earlier age. While I had an arranged marriage, my children would find it very difficult to accept that concept. It is fortunate that we live in a country that upholds and supports the decision to choose. Therefore I would be very wary of the slow creep of Sharia law into our legal system. I support the right to uphold one’s culture, but it must be done within the boundaries of the British legal system, where one law applies to all, regardless of religion, gender, ethnicity or social background. The noble Baroness, Lady Cox, is absolutely right to point that out. We have a twin-track system developing in this country. It is crucial that all citizens speak English so that they can confidently access the rights and protections that all citizens of this country deserve. I have spent all but nine months of my life in this country. I fear that after some movement forward, there is now a lot of movement backwards. I have fought very hard to highlight the rights of women, particularly from my community. It is a long battle that will need the support and help of your Lordships’ House.