End child marriage

We urge all sides to act to end child marriage in a manner consistent with constitutional rights.

The Opposition must support the Government’s move to raise the marriageable age to 18. At the same time, the Government cannot ride roughshod over the Opposition and willfully pass defective law.

We reject outright the Opposition UNC’s suggestion that this matter be referred to a Joint Select Committee (JSC) of Parliament.

This is a complex issue, yes, but this legislation is simple enough for measures to be taken on the Parliament floor. What is more, this matter is an urgent one. The lives of children are at stake. A further delay of three to six months is unconscionable.

There has been enough debate.

In fact, on this issue we daresay there has been too much. The argument for upholding the rights of a child cannot be trumped by narrow sectarian interests or by the belief held by some sects within religious communities. Those beliefs must be balanced by the interest of society as a whole, a society wedded to the principle of liberty.

Frankly, however, we are baffled by the decision taken by the Government in relation to the majority required to pass the law. It is manifest that the entire problem of child marriage arises because of religion: it is the various faiths across the divide which have institutionalised this practice in the first place, resulting in centuries- old laws enforcing religious belief.

We believe the State should be secular, but we do not believe that in reforming the law the State can bury its head in the sand and pretend that a constitutional majority is not required. If the requisite majority could not be obtained in the Senate, the debate should have come to an end.

At the same time, the bizarre position is understandable given the Opposition’s equally offensive demand that the matter be subject to a JSC by this stage. This is a simple Bill, and widespread Government consultation exercises have already been held on this matter. What is more, MPs are in a position to receive input from civil society groups should they require more feedback. Claims of inadequate consultation ring hollow when anyone can walk into the office of their representative. A JSC is wholly unnecessary and to suggest that one is needed in these circumstances smacks of an attempt to frustrate the Government.

If indeed the UNC is in support of raising the marriage age to 18, it should put its money where its mouth is and do what it must to facilitate the passage of this Bill expeditiously.

An issue involving the welfare of children is not one for political grandstanding.

If the Government seeks to pass the law with a simple majority, a perverse situation will develop.

The law will be assumed to be law even though everyone suspects it is not law. Needless to say, this will represent a low point in this country’s history of democracy under the rule of law.

It would fall to some civil society individual or organisation to go to court to challenge the law.

In which case, such a person will be seen as deliberately campaigning for a right to marry children, though the court may interpret the matter on a purely formal basis.

The outside possibility is for the Judiciary to somehow make a policy ruling on this matter: removing child marriage from the books. But the Judiciary would be placed in a perilous position if called upon to do this, as it would be seen to have acted where MPs declined to unite and to act.

Unite and act they must. We know this is the season of ole mas.

But please, let good sense prevail.

Both sides need to work together on this issue and end child marriage once and for all.