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| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| 7 | Insert the following new Clause— |
| | "Consequential amendments etc. |
| (1) | Schedule (Consequential amendments) (consequential amendments) has effect. |
| (2) | The Lord Chancellor may by order make such supplementary, incidental or consequential provision as the Lord Chancellor considers appropriate for the purposes of section (Protection against forced marriage: England and Wales) or in consequence of that section. |
| (3) | The Department of Finance and Personnel may by order make such supplementary, incidental or consequential provision as the Department considers appropriate for the purposes of section (Protection against forced marriage: Northern Ireland) and Schedule (Protection against forced marriage: Northern Ireland) or in consequence of those provisions. |
| (4) | An order under subsection (2)— |
| (a) | may contain such transitional, transitory or saving provision as the Lord Chancellor considers appropriate; and |
| (b) | is to be made by statutory instrument. |
| (5) | An order under subsection (3)— |
| (a) | may contain such transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate; and |
| (b) | is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| (6) | Any power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including any Act passed in the same Session as this Act). |
| (7) | No order is to be made under this section— |
| (a) | by the Lord Chancellor unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament; |
| (b) | by the Department of Finance and Personnel unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. |
| (8) | Subsection (7)(a) does not apply to an order which does not amend or repeal any provision of an Act and an order of the Lord Chancellor under this section which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament. |
| (9) | Subsection (7)(b) does not apply to an order which does not amend or repeal any provision of an Act or Northern Ireland legislation and an order of the Department of Finance and Personnel under this section which does not amend or repeal any provision of an Act or Northern Ireland legislation is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
| (10) | In this section "enactment" includes Northern Ireland legislation." |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| 8 | Page 5, line 3, leave out subsection (2) and insert— |
| "(2) | Section (Protection against forced marriage: England and Wales), section (Consequential amendments etc.) (1) (so far as relating to Part 1 of Schedule (Consequential amendments)) and Part 1 of Schedule (Consequential amendments) come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes. |
| (2A) | An order under subsection (2)— |
| (a) | may contain such transitional, transitory or saving provision as the Lord Chancellor considers appropriate; and |
| (b) | is to be made by statutory instrument. |
| (2B) | Section (Protection against forced marriage: Northern Ireland), section (Consequential amendments etc.) (1) (so far as relating to Part 2 of Schedule (Consequential amendments)), Schedule (Protection against forced marriage: Northern Ireland) and Part 2 of Schedule (Consequential amendments) come into force on such day as the Department of Finance and Personnel may by order appoint; and different days may be appointed for different purposes. |
| (2C) | An order under subsection (2B)— |
| (a) | may contain such transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate; and |
| (b) | is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))." |
| 9 | Page 5, line 5, leave out "This Act extends" and insert "Section (Protection against forced marriage: England and Wales) and Part 1 of Schedule (Consequential amendments) extend" |
| 10 | Page 5, line 5, at end insert— |
| "(3A) | Section (Protection against forced marriage: Northern Ireland), Schedule (Protection against forced marriage: Northern Ireland) and Part 2 of Schedule (Consequential amendments) extend to Northern Ireland only. |
| (3B) | Section (Consequential amendments etc.) and this section extend to England and Wales and Northern Ireland only." |
| | BARONESS ASHTON OF UPHOLLAND
LORD LESTER OF HERNE HILL
LORD AHMED |
| 11 | Insert the following new Schedule— |
| | "PROTECTION AGAINST FORCED MARRIAGE: NORTHERN IRELAND |
| | FORCED MARRIAGE PROTECTION ORDERS |
| | Forced marriage protection orders |
| | 1 (1) The court may make an order for the purposes of protecting— |
| (a) | a person from being forced into a marriage or from any attempt to be forced into a marriage; or |
| (b) | a person who has been forced into a marriage. |
| (2) | In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected. |
| (3) | In deciding that person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person's age and understanding. |
| (4) | For the purposes of this Schedule a person ("A") is forced into a marriage if another person ("B") forces A to enter into a marriage (whether with B or another person) without A's free and full consent. |
| (5) | For the purposes of sub-paragraph (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person. |
| | "force" includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and |
| | "forced marriage protection order" means an order under this paragraph. |
| | 2 (1) A forced marriage protection order may contain— |
| (a) | such prohibitions, restrictions or requirements; and |
| | as the court considers appropriate for the purposes of the order. |
| (2) | The terms of such orders may, in particular, relate to— |
| (a) | conduct outside Northern Ireland as well as (or instead of) conduct within Northern Ireland; |
| (i) | aid, abet, counsel, procure, encourage or assist another person to force, or attempt to force, a person to enter into a marriage; or |
| (ii) | conspire to force, or to attempt to force, a person to enter into a marriage; |
as well as (or instead of) respondents who force, or attempt to force, the person to enter into the marriage.
| | Applications and other occasions for making orders |
| | 3 (1) The court may make a forced marriage protection order— |
| (a) | on an application being made to it; or |
| (b) | without an application being made to it but in the circumstances mentioned in sub-paragraph (6). |
| (2) | An application may be made by— |
| (a) | the person who is to be protected by the order; or |
| (b) | a relevant third party. |
| (3) | An application may be made by any other person with the leave of the court. |
| (4) | In deciding whether to grant leave, the court must have regard to all the circumstances including— |
| (a) | the applicant's connection with the person to be protected; |
| (b) | the applicant's knowledge of the circumstances of the person to be protected; and |
| (c) | the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person's age and understanding, to have regard to them. |
| (5) | An application under this paragraph may be made in other family proceedings or without any other family proceedings being instituted. |
| (6) | The circumstances in which the court may make an order without an application being made are where— |
| (a) | any other family proceedings are before the court ("the current proceedings"); |
| (b) | the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the current proceedings); and |
| (c) | a person who would be a respondent to any such proceedings for a forced marriage protection order is a party to the current proceedings. |
| | "family proceedings" has the same meaning as in the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (see Article 2(2) and (3)) but also includes— |
| (a) | proceedings under the inherent jurisdiction of the High Court in relation to adults; |
| (b) | proceedings in which the court has made an emergency protection order under Article 63 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) which includes an exclusion requirement (as defined in Article 63A(3) of that Order); and |
| (c) | proceedings in which the court has made an order under Article 69 of the Order of 1995 (recovery of abducted children etc.); and |
| | "relevant third party" means a person specified, or falling within a description of persons specified, by order of the Department of Finance and Personnel. |
| (8) | An order of the Department of Finance and Personnel under sub-paragraph (7) may, in particular, specify that Department. |
| | 4 (1) The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court. |
| (2) | In deciding whether to exercise its powers under sub-paragraph (1), the court must have regard to all the circumstances including— |
| (a) | any risk of significant harm to the person to be protected or another person if the order is not made immediately; |
| (b) | whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and |
| (c) | whether there is reason to believe that— |
| (i) | the respondent is aware of the proceedings but is deliberately evading service; and |
| (ii) | the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant. |
| (3) | If the court makes an order by virtue of sub-paragraph (1), it must specify a date for a full hearing. |
| (4) | In sub-paragraph (3), "full hearing" means a hearing of which notice has been given to all the parties in accordance with rules of court. |
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