Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
It is a pleasure to serve under your chairmanship, Dr McCrea, and I thank my hon. Friend the Member for Keighley (Kris Hopkins) for bringing this timely debate to the Chamber. I am sure that hon. Members will be aware of the concerns raised in the BBC “Panorama” programme last night on this subject.
My hon. Friend has eloquently, carefully and respectfully explained why he is opposed to any establishment of a state-sponsored, alternative judicial process in England and Wales. I recognise that there is some confusion about what the exact position is on this issue. Therefore I start by stressing plainly and clearly that sharia law has no jurisdiction under the law of England and Wales and the courts do not recognise it. There is no parallel court system in this country, and we have no intention of changing the position in any part of England and Wales.
On the points raised by my hon. Friend, sharia law is the code of personal religious law governing the conduct of Muslims. Those principles can extend to all aspects of people’s lives. There are a number of sharia councils in England and Wales that help Muslim communities resolve civil and family disputes by making recommendations by which they hope that the parties will abide, but I make it absolutely clear that they are not part of the court system in this country and have no means of enforcing their decisions. If any of their decisions or recommendations are illegal or contrary to public policy—including equality policies such as the Equality Act 2010—or national law, national law will prevail all the time, every time. That is no different from any other council or tribunal, whether or not based on sharia law.
Britain is proud of its tradition of religious tolerance. The Government do not prevent individuals from seeking to regulate their lives through religious beliefs or cultural traditions. Provided that an activity prescribed by sharia principles does not contravene the law of England and Wales, there is nothing that prevents people from living by sharia law.
The use of religious councils or other extra-legal bodies to deal with civil disputes is well established and non-contentious. Communities have the option to use religious authorities to adjudicate disputes and to agree to abide by their decisions on a voluntary basis, but such decisions are subject to national law and are not legally enforceable. Any member of any community should know that they have the right to refer to an English court at any point, especially in the event that they feel pressured or coerced to resolve an issue in a way with which they feel uncomfortable.
Because sharia councils do not have any legal means of enforcing their decisions, they can only make recommendations that they hope the parties will follow. There is no appeal mechanism. If a party decides to challenge a decision in a civil court, any decision would be made in accordance with English law.
Any use of sharia law in Scotland would be a devolved matter for the Scottish Parliament. My understanding is that there are no sharia courts in Scotland and that there is no intention of setting any up. However, individual parties can, if they wish, agree to use sharia law to settle disputes, so long as there is no conflict with the law of Scotland.
I understand the concerns, expressed by many, regarding religious councils involving themselves in matters of domestic violence, to which my hon. Friend referred. Domestic violence is a dreadful form of abuse and is not acceptable in our society; it is not condoned or supported by any religion. It is absolutely essential that victims and potential victims are aware of their rights and of all the advice and support that is available. The Government are committed to working with both statutory and voluntary organisations to ensure that our messages reach across all communities.
My hon. Friend knows that Baroness Cox’s Arbitration and Mediation Services (Equality) Bill had its Second Reading on 19 October 2012. The Government are aware of the level of concern about the perceived use and interpretation of sharia law in this country, as was highlighted by the amount of support for that Bill on Second Reading. After careful and considered deliberation, however, it was evident that the provisions already existed in current legislation and so were unnecessary. Instead, we believe the issue is more about raising awareness of the existing position under English law. We are fully committed to protecting the rights of all our citizens and will consider what is required to educate people further on the protections afforded to them by UK law.
Under criminal law, any person who commits a criminal offence is liable to be prosecuted for that offence, provided it is in the public interest to do so. In England and Wales, criminal proceedings are always heard in a criminal court. We do not recognise any criminal law decision made by an alternative court in this country. The Government have no intention of changing that position.
My hon. Friend also asked about the recognition of sharia marriages by English courts. We are working to raise awareness of the need to have a legally recognised marriage, and we are encouraging mosques to register to carry out legally recognised marriages in their various facilities.
I hope that I have answered all the important issues raised by my hon. Friend. This has been a useful and timely debate, and I am grateful to him for his contribution.
Rightly, this country celebrates diversity. We are a country where everyone has an opportunity to contribute, no matter what their background, ethnicity or religion, but that must be within a set of laws and a judicial framework that is common to all and understood by all. There can be no question of there being a parallel court system in this country. I hope that that clarification of the Government’s position reassures my hon. Friend and other hon. Members who are present