Integrated Communities Strategy

Baroness Cox Excerpts

Tuesday 17th November 2020 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government what progress they have made towards their commitment in the Integrated Communities Strategy Green Paper, published on 14 March 2018, to “explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings”.

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con) [V]]

[Inaudible]—difficulties in addressing this issue that mean we are doing so with the greatest care. The Law Commission separately is looking at aspects of the problem and has consulted with a wide range of groups with an interest. The Government continue the exploration both of limited reform and of non-legislative options. Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for fairness.

[Baroness Cox (CB) [V]]

My Lords, I remain deeply concerned, because there is no evidence of any significant progress since the publication of the Integrated Communities Strategy Green Paper over two years ago. Given the strong recommendations of the Casey review, the sharia law review, the new Civitas report and the Parliamentary Assembly of the Council of Europe, and the Private Members’ Bills I have submitted since 2011, with cross-party support and the support of Muslim women’s groups, will the Minister give an assurance at last that government legislation will be introduced as a matter of urgency? So many Muslim women in this country are suffering in ways which are totally unacceptable and, as I always say, would make our suffragettes turn in their graves.

[Lord Stewart of Dirleton (Con) [V]]

My Lords, my noble friend’s concern about this matter is indeed a matter of record. The Government are aware that the Law Commission is tasked with investigating the matter and reporting. Its report is anticipated by the middle of next year. The Government’s manifesto commitment was to explore the matters; that exploration will be based upon the thorough and meticulous research which is being carried out.

Rape: Prosecutions and Convictions

Baroness Cox Excerpts

Monday 14th September 2020 Lords Chamber

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

I call the noble Lord, Lord Judd. Lord Judd? I suggest we go on to the noble Baroness, Lady Cox, and then come back, if there is time.

[Baroness Cox (CB) [V]]

My Lords, is the Minister aware that I have had the painful privilege of becoming friends with young women who suffered such atrocities, including Caitlin Spencer, a pseudonym, whose story is published in the must-read book, Please, Let Me Go? She describes how, from the age of 14, she was groomed, raped, sexually exploited and trafficked around the country by gangs of men. She still sees her abusers driving their taxis with impunity, and many other victims still see perpetrators living freely and intimidating them. What more will the Government do to bring these perpetrators to justice?

[Lord Keen of Elie (Con) [V]]

My Lords, these are tragic cases. They are particularly difficult to investigate when they are historic. However, we remain determined to pursue all offenders, no matter how historic the offences are.

Marriage and Religious Weddings

Baroness Cox Excerpts

Tuesday 30th June 2020 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government, further to the Integrated Communities Strategy Green Paper, published on 14 May 2018, what progress they have made on their commitment to “explore the legal and practical challenges of limited reform relating to the law on marriage and religious weddings”.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the Government continue the exploration of limited reform and non-legislative options that they began in detail last spring. We are doing so with the greatest care. Any proposals affecting how religious groups are permitted to conduct marriages must be thoroughly assessed for their fairness to all religious groups, and for how far they could achieve the change of practice intended.

[Baroness Cox (CB) [V]]

My Lords, I remain deeply concerned because we have seen no evidence of any significant progress since I asked a similar Oral Question nine months ago, on 23 October. Given the strong recommendations of the Casey review, the sharia law review and the Parliamentary Assembly of the Council of Europe, and given the number of Private Members’ Bills that I have submitted since 2011 with cross-party support and the support of Muslim women’s groups, will the Minister give an assurance at last that government legislation will be introduced as a matter of urgency? So many Muslim women in this country are suffering in ways which are unacceptable and make our suffragettes turn in their graves.

Sharia Law: Marriages

Baroness Cox Excerpts

Wednesday 23rd October 2019 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the review recommended creating an offence that would apply to celebrants of religious marriages that do not confer legal rights. We continue to explore across government the practicality of such an offence among other potential options and whether it would achieve the change of practice intended.

[Baroness Cox (CB)]

My Lords, I thank the Minister for his reply, but we have seen no evidence of any progress on this crucial issue, which causes so much suffering to so many Muslim women in this country. Is he aware that many noble Lords were deeply concerned by his response to a similar Oral Question in July, in which he suggested that the plight of Muslim women,

“is more of a social issue than a legal one”?—[Official Report, 4/7/19; col. 1516.]

Given the recommendations of the sharia law review, the Casey review and the Parliamentary Assembly of the Council of Europe, and the number of Private Member’s Bills that I have submitted since 2011, will the Minister give an assurance that the government legislation will at last be introduced with great urgency, as so many Muslim women are suffering in ways which would make our suffragettes turn in their graves?

[Lord Keen of Elie]

My Lords, I fully understand the concern about this issue in relation to marriage law. We do not agree with the recommendations in the sharia review. The Council of Europe’s view on this was, I regret to observe, inept in so far as it used the concept of “civilly registered”, which is not a legal concept in the context of the marriage laws of England and Wales. On 29 June, it was announced that the Law Commission would undertake work in relation to the law on how and where marriages may take place in England and Wales. The commission will not consider directly the sharia review’s recommendations, but it will consider rationalising the system of offences within marriage law.

Sharia Law: Marriages

Baroness Cox Excerpts

Thursday 4th July 2019 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government what progress they have made in implementing the recommendations of the independent review into the application of sharia law in England and Wales published in February 2018 (Cm 9560), in order to protect Muslim women, and what assessment they have made of Resolution 2253 (2019) by the Council of Europe that all Islamic marriages should also be registered as civil marriages.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, further work on the issues raised began in the spring, as announced in the Integrated Communities Action Plan. This work will explore reform possibilities in relation to the issue that some people may marry in a way that does not create a legally recognised marriage. This exploration will be conducted independently of the wider Law Commission review of marriage ceremony law.

[Baroness Cox (CB)]

My Lords, in thanking the Minister for his reply, I ask whether he is aware that my Question is almost identical to the one I asked on 28 February. I have had no response, nor seen any evidence of progress on this crucial issue, which causes such suffering to Muslim women through the application of sharia law. Many come to me desperate, destitute and even suicidal, with no rights following asymmetrical divorce inflicted by their husbands, or trapped in unhappy polygamous marriages. The recommendations of the sharia law review and the message from the Parliamentary Assembly of the Council of Europe are totally consistent with the objectives of my Private Member’s Bill, which requires all religious marriages to be registered, thereby giving women the rights they so urgently need. Therefore, I ask the Minister for an assurance that the legislation will be introduced with great urgency, as so many women are suffering in ways that would make the suffragettes turn in their graves.

Islamic Ceremony: Civil Marriage Registration

Baroness Cox Excerpts

Thursday 28th February 2019 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government, following Resolution 2253 (2019) passed on 22 January by the Parliamentary Assembly of the Council of Europe, what plans they have to review the Marriage Act 1949 to make it a legal requirement for Muslim couples to civilly register their marriage before, or at the same time as, their Islamic ceremony.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we recognise that the noble Baroness, Lady Cox, has brought a number of proposals for reform to the House. We are aware of Resolution 2253 from the Parliamentary Assembly of the Council of Europe. We remain committed to exploring the legal and practical challenges of limited reform relating to the law on marriage and religious weddings, as outlined in the Government’s recently published Integrated Communities Action Plan.

[Baroness Cox (CB)]

My Lords, I thank the Minister for his reply and his reference to the fact that I have introduced Private Member’s Bills for eight consecutive years in an attempt to highlight the suffering from gender discrimination in the application of sharia law of many Muslim women, many of whom have come to me desperate, destitute and even suicidal, with no rights following asymmetrical divorce inflicted by their husbands. Therefore, while I welcome Her Majesty’s Government’s commitment to explore the legal and practical challenges of marriage reform, I ask the Minister for an assurance that this legislation will be introduced as a matter of great urgency, as so many women are now suffering in this country in ways that would make the suffragettes turn in their graves.

Child Sexual Exploitation: Grooming Gangs

Baroness Cox Excerpts

Thursday 24th January 2019 Lords Chamber

Asked by

[Baroness Cox]

To ask Her Majesty’s Government what progress they have made with the prosecution of grooming gangs in Rotherham and elsewhere; and what assistance they have offered to victims and their families.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, there are a number of criminal investigations currently ongoing in Rotherham and other parts of the country that have led to prosecutions resulting in convictions. Supporting victims requires a multiagency effort to protect them and help rebuild their lives. The Government provide funding for victims of child sexual abuse and exploitation, and additional funding has been provided to agencies in Rotherham.

--- Later in debate ---

[Baroness Cox (CB)]

My Lords, I thank the Minister for his reply. Is he aware that I had the painful privilege of becoming friends with a number of young women who have suffered such atrocities, including Caitlin Spencer—a pseudonym—whose life story was published in a must-read book, Please, Let Me Go, in which she describes how from the age of 14 she was groomed, sexually exploited and trafficked around this country by gangs of men. I have placed a copy in your Lordships’ Library. Given that Caitlin still sees her abusers driving their taxis with impunity and that other victims similarly see perpetrators living freely and intimidating them, what more will the Government do to bring those perpetrators to justice?

[Lord Keen of Elie]

My Lords, Operation Stovewood is now operating in respect of Rotherham. To support women such as Caitlin, the National Crime Agency has a dedicated team of independent sexual violence advisers working with investigators and service providers in Rotherham to create a bespoke survivor pathway for victims and their families. The Department for Education is providing additional funding of up to £2 million to children’s social care. The Ministry of Justice has also provided £1.6 million to the police and crime commissioner for the commissioning of local victims’ services, and additional funding for specialist support.

Arbitration and Mediation Services (Equality) Bill [HL]

Baroness Cox Excerpts

2nd reading (Hansard): House of Lords
Friday 27th January 2017 Lords Chamber

Moved by

[Baroness Cox]

That the Bill be read a second time.

[Baroness Cox (CB)]

My Lords, I am profoundly grateful to all noble Lords speaking in this debate and to many other noble Lords who have expressed their support for the Bill but are unable to be in their place today. The Bill seeks to address two interrelated issues: the suffering of women oppressed by religiously sanctioned gender discrimination, and a rapidly developing alternative quasi-legal system which undermines the fundamental principle of one law for all.

The Bill is strongly supported by many organisations concerned with the suffering of vulnerable women, including Karma Nirvana, the Council for Muslims Facing Tomorrow, British Arabs Supporting Universal Women’s Rights, the National Secular Society, the Muslim Women’s Advisory Council and the internationally renowned Canadian Muslim scholar Raheel Raza, who describes this Bill as a blessing to help women to achieve their rights.

I am especially grateful for their support because the problems are escalating and the need to find some solutions is ever more urgent. As Theresa May, when Home Secretary, highlighted almost a year ago:

“There is evidence of women being ‘divorced’ under sharia law and left in penury, wives who are forced to return to abusive relationships because sharia councils say a husband has a right to ‘chastise’, and sharia councils giving the testimony of a woman only half the weight of the testimony of a man”.


In a free society, individuals must be able to organise their affairs according to their own principles, religious or otherwise, but we must not condone situations where rulings are applied which are fundamentally incompatible with the laws, values, principles and policies of our country. The courageous Muslim author Dr Ida Lichter wrote to me this week saying:

“Denying our Muslim women the benefits of British justice is tantamount to condescension and marginalisation of an oppressed minority”.


This week, we heard deeply moving and disturbing first-hand accounts during a meeting of the All-Party Parliamentary Group on “Honour” Based Abuse. I will give two examples from the meeting, which are merely the tip of a huge iceberg, but they are two too many and we should not be allowing these situations which cause such aguish in this country.

The first is the story of Aala—a pseudonym, of course. She is originally from Pakistan and had an Islamic marriage in the UK. Aala was raped, abused and financially exploited by her husband. Her imam and her husband refused to negotiate an Islamic divorce, claiming that the marriage had never taken place, despite the fact that she had a video recording of the ceremony. She told us, weeping, that she is now so ostracised by her community, both in the UK and in Pakistan, that she feels such shame and loneliness that she has attempted suicide. Secondly, we heard from Fozia, who was sent under false pretences from Britain to Kashmir, where she was threatened at gunpoint into a forced marriage. Returning to the UK, she soon discovered that her new “husband” was entering into another marriage to help him to stay in the UK. When Fozia went to the police with her concern over bigamy, they told her, “We can’t arrest him, because it’s allowed in your religion”.

Such suffering cannot be allowed to continue. Provisions must be introduced to ensure that the operation of sharia law principles in the UK today is not undermining the rights of women and the rule of law. I therefore briefly identify the concerns which the Bill seeks to address. I recognise its provisions cannot solve all the sensitive, complex and collateral issues, but I have been assured by the women whom they seek to help that they would be immensely useful.

First, the Bill seeks to address arbitration tribunals which apply discriminatory rules. The Arbitration Act 1996 allows parties to agree how certain civil disputes, often financial, should be resolved, including according to the law of another legal system. This permits arbitration to operate according to sharia principles. The Bill recognises Muslim arbitration tribunals and will not affect their operation in accordance with the law of the land. However, there is concern that even when these tribunals are operating within the terms of the Arbitration Act, some are practising gender discrimination such as: inequality between men and women regarding access to divorce, whereby the man can just say, “I divorce you”, three times; polygamy, so that a man can marry four wives; child custody, whereby, in the event of a divorce, a father may claim custody of his children, often at the age of seven; inheritance provisions, whereby women and girls receive only half the amount of the legacy given to men and boys; and rules of evidence that provide that the value of a woman’s testimony is deemed to be just half that of a man’s. That is why the Bill seeks to close any loophole that might remain in the Equality Act 2010 and strengthens court powers to set aside rulings based on such discrimination, if the woman is unhappy.

The second concern relates to arbitration tribunals acting outside their remit, for example by deciding cases relating to criminal law, such as those involving domestic violence and grievous bodily harm. The Casey review, commissioned in 2015 by the then Prime Minister and Home Secretary, cited claims that,

“some Sharia Councils have been supporting the values of extremists, condoning wife-beating, ignoring marital rape and allowing forced marriage … we were told that some women were unaware of their legal rights to leave violent husbands and were being pressurised to return to abusive partners or attend reconciliation sessions with their husbands despite legal injunctions in place to protect them from violence”.

The suffering of vulnerable women can be exacerbated by the nature of the closed communities in which they may live, where they are subjected to enormous pressure not to seek outside professional help because that is deemed to bring “shame” on the family or the community. In many cases, women have suffered further difficulties because police, civil authorities and professional personnel have been reluctant to take action that might be deemed to give offence to the leaders of these communities—there are many cases of that.

This relates to the third concern that the Bill seeks to address: the crucial matter of consent, which must be at the heart of both arbitration and mediation. Women may be pressured by their families into going to sharia councils. They may also lack the knowledge essential for informed choice, such as about their rights under British law. Therefore, in terms of court orders arising from mediation or other negotiated agreement, the Bill creates enhanced mechanisms for orders to be set aside if there is evidence that the consent of one party was not genuine.

The fourth concern relates to the estimated 100,000 couples in Britain today who are living in Islamic marriages not recognised by English law. Women in such marriages risk being duped into believing they are married under the law of the land, only to find upon divorce they have few to no rights in terms of finance or property.

The influential Aurat report by the courageous Muslim woman Habiba Jaan described Muslim women’s experiences of marriage in the West Midlands. The majority of women who had a religious-only ceremony were unaware their marriage was not officially recognised by English law. Many were deeply disturbed when they discovered their predicament and said they wished they had known the reality of their situation and its implications.

To try to address aspects of these problems, in November 2013, I moved an amendment to the then Anti-social Behaviour, Crime and Policing Bill, which would have protected women who are duped into believing they are married under the law of the land only to find upon divorce they have limited rights. I am sorry that the Government rejected the amendment. The Government rejected a similar amendment to the Policing and Crime Bill in November 2016, which would have ensured that any celebrant of a religious marriage had an obligation to ensure that the religious marriage is also legally registered. Others have suggested an amendment to the Marriage Act 1949, requiring all religious and secular marriages to be registered. That may be a suggestion for consideration on another day, for which I would greatly value advice.

In conclusion, it is important to emphasise that the Bill does not specify any particular faith tradition. If women from other faiths experience systematic discrimination, the provisions of the Bill would also be available for them. It is also important to recognise that the Bill does not interfere with the internal theological affairs of faith groups. If a woman with devout convictions accepts religiously sanctioned gender discrimination, the Bill would not inhibit the practice of her faith. But the problems I have highlighted often arise because choice is not informed or genuinely free.

Since the Bill was last debated, evidence of these concerns has increased. So too has the need for urgent action. I hope, therefore, that the Bill will receive a more sympathetic response from the Minister than on previous occasions, when the Government claimed that there is no need for such provisions as all citizens can access and benefit from their rights according to law. The chasm between the de jure situation and the de facto reality is an abyss into which countless women are falling and suffering as a result.

I also hope that the Minister will not use the ongoing Home Office inquiry as an excuse to delay viable legislation, especially in view of the widespread concerns expressed by many organisations about the composition of the review panel, which is chaired and advised by theologians, fails to include non-Muslim experts on Islam, and fails to include human rights experts.

Muslim women are today suffering in this country in ways in which, as I always say, would make the suffragettes turn in their graves. Many of them see the proposals of the Bill as a lifeline, or, as one lady said to me, “a light at the end of the tunnel of darkness and oppression”. The Bill cannot solve all the problems, such as intimidation or the intention—mentioned by many Muslim women—of those who might continue their practices underground. But it would provide some much-needed help and show vulnerable British Muslim women that their concerns are being taken seriously rather than being ignored in the name of “political correctness” and “multiculturalism”. I passionately hope they will not be disappointed again. I beg to move.

--- Later in debate ---

[Baroness Cox]

My Lords, I record my very deep gratitude to all noble Lords who have spoken in this debate, bringing so many distinctive and diverse contributions, with so much experience, professional expertise, compelling arguments and compassion in support of the Bill. I wish I could also thank the Minister for his response. I think the word “brush-off” has been used more than once when referring to the responses I often receive from the Front Bench. Much more importantly, the Minister’s reply will disappoint countless people who are hoping for some effective government action to be taken as a matter of urgency to help alleviate the problems that have been widely documented and highlighted in this debate. It seems that Her Majesty’s Government are living on a different planet of reality from the realities which have been put on the record in this debate. Those realities are widespread and the examples given are just the tip of an iceberg of great suffering. Instead, we have another delay during which countless women will continue to suffer, without any of the very modest remedial measures which the Bill could provide and which they emphasise would be of great help to them. They will be deeply disappointed.

There is much important subsequent business awaiting your Lordships so I will not take up any of the points raised in the debate, although I would wish very much to take up the points raised by the Minister, some of which I fundamentally disagree with. But I greatly look forward to working with all who have shared their concerns and expertise, to continue to seek ways forward in which we may address the serious problems we have discussed today. I give renewed thanks to everyone who has contributed to this debate and supported the Bill.

Bill read a second time and committed to a Committee of the Whole House.