As I always assure the noble and learned Baroness, I listen attentively when she speaks. I take on board what she has said and will write to her about it.
To those who say that this is going underground, and in respect of the cultural pressures that exist, I would say that young women and, indeed, young men may not take the issue forward because of the fear of being ostracised in their community and for fear of shopping their parents or close relatives. I say that with some understanding of the cultural challenges faced by some communities across Britain. Although I do not claim any expertise in the field, I certainly travel quite widely, along with other noble Lords, and I hear about and deal with some of these cases directly.
Irrespective of whether it goes down a criminal or a civil route, the step forward is a difficult one. That is the focus and the emotion that the noble and learned Baroness, Lady Scotland, spoke about with such eloquence. It is the first step. We are leaving the civil route open but, equally, we need to ensure that the deterrent of this being a criminal offence is also available for the victim. I defer to the noble and learned Baroness’s expertise in this field but the difficult part for anyone involved is taking that first step of reporting this kind of coercion or abuse, irrespective of what route is available. That is what we need to overcome. We need, as a responsible Government, to address that issue. As I am sure the noble and learned Baroness will acknowledge, I have listened to her words quite carefully. I reassure noble Lords that, in drafting the Bill, we have sought to provide the best possible protection for victims. That is why we have made provision to establish jurisdiction over the new forced marriage offences, whether they are committed overseas or against a UK national.
The noble and learned Baroness raised several other questions, which I shall address briefly. In respect of the emotional element in decision-making, Clause 108(1)(a) covers any other form of coercion, which includes emotional coercion or emotional blackmail. That forms part of the mischief that we are seeking to address via criminalisation. However, in practice, the CPS will prosecute in cases only where it is in the public interest to do so. That will also involve an analysis of all the facts of the case, including the gravity of the offending behaviour and the harm caused. The definition of force in the Forced Marriage (Civil Protection) Act 2007 already addresses coercion by other psychological means, which could encompass emotional coercion and emotional blackmail. This is not a new proposition but something that Parliament has already endorsed. The inclusion of emotional coercion is also consistent with the non-statutory cross-government definition of domestic violence.
The CPS has existing guidelines on the selection of charges in cases where a number of different offences have potentially been committed, and our expectation is that the CPS will apply that existing guidance. We will, of course, consider carefully with the CPS whether any additional bespoke guidance is required in this context to deal with the new forced marriage offence.
The noble Baroness, Lady Thornton, asked whom we discussed this with outside of the general consultation that I and the noble and learned Baroness, Lady Scotland, have referred to. Discussions were held with ACPO, the CPS and the Attorney-General’s Office about how this offence could work in practical terms. The Government considered the option of making it an aggravating factor, but we took the view that this was already adequately covered by the guidelines issued by the Sentencing Council, to which I have already referred.
The noble and learned Baroness’s amendments to Clause 109 would make identical provision for Scotland. This is a devolved matter and Clause 109 has been included in the Bill at the request of the Scottish Government. I cannot, as noble Lords will appreciate, comment on behalf of the Scottish Government. The noble and learned Baroness is, of course, also aware of the convention that the UK Parliament does not legislate on devolved matters in Scotland without the consent of the Scottish Parliament.
As I said in responding to the amendments tabled by my noble friend Lady Hamwee, to complement the legislation, the Government’s Forced Marriage Unit is rolling out a nationwide engagement programme to support practitioners such as those that the noble and learned Baroness highlighted in tackling forced marriage. The unit also continues to give direct assistance to victims and potential victims. Last year, for example, the unit provided advice or related support in almost 1,500 possible forced marriage cases.
My noble friend Lord Hussain talked about education and about Pakistani dramas and Bollywood. I certainly did not expect that element but nothing surprises me in your Lordships’ House. He is right, but I would ask how many of these families watch these films and dramas, watch this man fall in love with a woman who is the wrong caste or even religion and say, “Oh, it’s tragic isn’t it?”. Yet what do they practise themselves? Why do they not have the same emotions as when they watch what are often fictional accounts? That is the education that needs to be given to the community—to realise that, whether this is about Islam, Hinduism, Buddhism, Christianity or humanism, what should prevail above all else is the rule of law, which prohibits coercion in marriage. That is what the Government are seeking to address through their proposals.
I pay full respect to the experience of the noble and learned Baroness and, once again, acknowledge the hard work that she has undoubtedly, historically and over many years, put into the area of forced marriage. I know that she will continue to share her expertise in the field, and I hope that, based on the explanations I have given, she will be minded to withdraw her amendment.