13 November 2008
Justice Minister Bridget Prentice has made a statement on the government's response to a consultation on third party applications on behalf of victims of forced marriages.
The Parliamentary Under Secretary of State, Ministry of Justice (Bridget Prentice):
Today the government is publishing the response to the consultation Forced Marriage (Civil Protection) Act 2007 - Relevant Third Party. A relevant third party is someone who can make an application on behalf of a victim of forced marriage without first requiring the permission of the court. Other applicants on behalf of a forced marriage victim must obtain the permission of the court.
Responses to the consultation generally supported the use of Local Authorities in England and Wales to act as the relevant third party for victims of forced marriage under the Forced Marriage (Civil Protection) Act 2007. The government agrees with this view. When designated, local authorities will be able to make applications without the court's permission for forced marriage protection orders on behalf of someone who is or who has been forced into marriage.
Whilst we believe that local authorities are best placed to serve as relevant third parties we recognise the role that the voluntary sector plays is an important one and should be explored further. The success of the Independent Domestic Violence Advisers (IDVAs) has shown how the voluntary sector can play a strong support role in helping those who are the subject of domestic violence in the criminal courts. Whilst IDVAs are currently limited to the criminal court, they have expertise in dealing with issues like forced marriage, are experienced multi-agency workers and work under an accredited scheme. Therefore we will also carry out a pilot using a local IDVA scheme as a relevant third party. If this proves successful, we would look at extending the relevant third party provisions more widely across IDVAs as well as other voluntary sector organisations.
The Lord Chancellor may make an order specifying a person or description of persons who may act as a relevant third party under section 63(c) of the Forced Marriage (Civil Protection) Act 2007. An order will not be made until local authorities are sufficiently prepared to act as relevant third parties, having ensured that they will operate within an appropriate framework and in accordance with guidelines that help to safeguard the best interests of the victim.
During the time it will take for this to occur it will be possible for anyone, including local authorities, to apply on behalf of a victim if they obtain the court's permission. This will ensure that victims of forced marriage can obtain the protection of the court where they cannot apply for a forced marriage protection order themselves. The court's scrutiny of an application for permission to apply for an order will ensure that the victim's best interests are safeguarded.