My Lords, I rise only because of my experience in piloting through the Forced Marriage (Civil Protection) Act 2007. I just want to say how glad I am—because we are dealing with a whole group of amendments—that the Government are not only toughening criminal law, but also mimicking, or copying, that Act in relation to female genital mutilation. That is dealt with as a new schedule in government Amendment 46G. I would like briefly to explain why that is very wise.
The problem about using criminal law in this area is that it depends upon all the safeguards of a fair criminal trial. It depends upon there being a prosecution before a criminal court to a high standard of proof, the burden being on the prosecution, and all the panoply of a criminal trial, which may terrify anybody, but certainly will in this sensitive area. It is therefore extremely difficult for a prosecution to succeed in a case of this kind. It is said, and it is the position of the Government, that it is very important to send a signal. I am not, on the whole, in favour of using law simply to send signals.
Although I understand why the Government are strengthening the criminal law, if we are serious about dealing with this odious and significant social evil, the civil law is much more likely to be effective, including the use of the family courts. This is because, as with the Forced Marriage (Civil Protection) Act, first of all you do not need the victim to apply. A third party can do so. In fact, you do not need anyone to apply; the court can do so on its own initiative. Secondly, the application will be heard in private. Thirdly, the outcome will not involve dishonouring the family. It is extremely important in an area of this kind that the victim is not put in a position where if she gives evidence she will be permanently alienated from her family.
I am delighted that the noble and learned Baroness, Lady Butler-Sloss, is in her place, because she has far more experience of this than I have. Certainly experience of the 2003 Act has been very good in that forced marriage civil protection orders have been made in their hundreds and been complied with. It has worked because it uses the civil route of family law and family courts with all the expertise of those courts, in a way
that will not deter victims from coming forward and which will not mean permanent divisions within the family.
As I read what the Government are proposing, that is well understood. That is why the new schedule which is to be inserted on female genital mutilation protection orders largely mimics what we were able to achieve in that Bill. I will explain who I mean by “we”. That Bill had the support of women, including Asian women, bodies such the Southall Black Sisters and the refuges. They really took ownership of it and made sure that it was something that would work. That ownership is vital. What is contemplated here should do that.