Written Question · S6W-28169 · Session 6
Whether it plans to amend the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 to make explicit the obligations of pu…
The question
To ask the Scottish Government whether it plans to amend the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 to make explicit the obligations of public authorities to act should any individual experiencing forced marriage contact them for support.
The answer
The Scottish Government has no current plans to amend the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011. Forced Marriage is illegal in Scotland and there are protections under civil and criminal law for any victims or potential victims.
Section 11 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 imposes a duty on Scottish Ministers to give guidance on the effect of Part 1 that Act. Section 11(3) states that a person exercising public functions to whom guidance is given under section 11 must have regard to it in the exercise of those functions.
The statutory Forced Marriage Guidance, which is currently being refreshed, outlines the responsibilities of relevant public authorities for developing and maintaining local procedures and practices to enable their practitioners to handle cases of forced marriage effectively. The guidance makes clear that staff may have limited opportunity to speak to a potential victim and as such, must be aware of their responsibilities when they come across forced marriage cases.
Section 11 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 imposes a duty on Scottish Ministers to give guidance on the effect of Part 1 that Act. Section 11(3) states that a person exercising public functions to whom guidance is given under section 11 must have regard to it in the exercise of those functions.
The statutory Forced Marriage Guidance, which is currently being refreshed, outlines the responsibilities of relevant public authorities for developing and maintaining local procedures and practices to enable their practitioners to handle cases of forced marriage effectively. The guidance makes clear that staff may have limited opportunity to speak to a potential victim and as such, must be aware of their responsibilities when they come across forced marriage cases.
In the Official Report
No contribution in the Official Report cites S6W-28169 by reference.