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by Munro Research

Marriage and Civil Partnership (Minimum Age) Bill [HL]


Official Summary

A Bill to revoke parental or judicial consent which permits the marriage or civil partnership of a child and to criminalise child marriage or civil partnership under the age of 18; and for connected purposes

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Overview

This bill aims to raise the minimum age for marriage and civil partnerships in England and Wales to 18, eliminating exceptions for parental or judicial consent for those under 18. It criminalizes child marriage and introduces protection orders and reporting duties for relevant professionals.

Description

Raising the Age of Consent

The bill amends the Marriage Act 1949 and the Civil Partnership Act 2004 to make marriages and civil partnerships void if either party is under 18. It removes provisions allowing parental or judicial consent for those under 18.

Criminalization of Child Marriage

The bill makes it a criminal offence to aid, abet, counsel, procure, encourage, or assist a child under 18 to enter into a marriage, including conspiracy to do so. It also criminalizes the failure of those responsible for a child (parents or those acting in loco parentis) to protect them from entering a child marriage, with some defenses available.

Reporting and Protection Orders

The bill introduces a mandatory reporting duty for healthcare professionals, teachers, and social care workers if they discover a potential or actual child marriage. It also establishes child marriage protection orders to safeguard children at risk.

Victim Anonymity

The bill ensures anonymity for child victims of child marriage offences in publications, subject to certain exceptions for court proceedings to protect the integrity of the judicial process.

Penalties

Penalties for offences related to child marriage include imprisonment (up to seven years on indictment, or 12 months on summary conviction) and/or fines.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. However, increased enforcement and support services may result in additional government expenditure.

Groups Affected

  • Children under 18: The bill directly protects children from being forced into marriage and provides them with legal recourse.
  • Parents and guardians: The bill places legal responsibility on parents and those acting in loco parentis to protect children from marriage. Failure to do so is a criminal offence.
  • Healthcare professionals, teachers, and social workers: These professionals have a mandatory reporting duty under the bill.
  • Individuals involved in arranging or facilitating child marriages: These individuals face criminal prosecution under the bill.
  • The media: Restrictions on the publication of identifying information relating to child victims of child marriage are in place.
  • Courts: The bill grants courts new powers to issue child marriage protection orders, and to deal with contempt of court arising from non-compliance with said orders.
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