Asylum System

Lord Bishop of Rochester Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can certainly confirm that. Clearly, it is in everybody’s interests, including somebody who is coming here to claim asylum, that we process cases quickly and expedite them through the system.

[The Lord Bishop of Rochester]

My Lords, the Minister will know the importance for those in need of asylum of safe and legal routes to the UK directly, rather than undertaking hazardous journeys on land and sea. The UK’s vulnerable persons resettlement scheme was one such route and has been something of a success story. However, with the scheme still paused, I believe, due to Covid, what discussions have the Government had with local authorities, and perhaps with voluntary sector groups, about their capacity in the light of Covid to restart it and—dare I say it?—extend it?

[Baroness Williams of Trafford (Con)]

My Lords, the right reverend Prelate, absolutely rightly, points to the work that local authorities are doing and we are most grateful to them; 80 local authorities have pledged more than 330 places to support our national transfer scheme. But he is also right to point out that in parallel with requests for more local authorities to support the NTS, we have launched a consultation on a more sustainable long-term model for the NTS.

Domestic Abuse

Lord Bishop of Rochester Excerpts

Wednesday 29th July 2020 Lords Chamber

[The Lord Bishop of Rochester]

My Lords, I have sad personal experience of a family situation where the perpetrator of the abuse was an older person, and we are all fearful that lockdown may have led to an increase in such instances. In that context, I am pleased that my diocese of Rochester is the first in the Church of England to establish a strategic partnership with the White Ribbon Campaign. In a world where such abuse, especially when it involves older people, often remains hidden, will the Minister commit to meeting with Members of these Benches, and perhaps other faith leaders, to discuss how the Domestic Abuse Bill’s guidance might empower faith communities to be part of the solution?

[Baroness Williams of Trafford]

I am very sorry to hear the right reverend Prelate’s story. I most certainly will meet with him.

Drugs Policy

Lord Bishop of Rochester Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

On the first point that the noble Baroness raises, successive Governments have taken steps against the harmful effects of smoking. The ban in places such as restaurants is part of the health concerns underlining that. In a previous answer, I outlined the Government’s view on particular remedies that contain cannabis. Specific measures are in place if authorisation is required.

[The Lord Bishop of Rochester]

My Lords, I note the Minister’s disinclination to institute a review. None the less, I wonder whether he could assure the House that in some context or other, attention is being given to such matters as the information in a report by the charity Release published in 2013, which shows that black people were stopped and searched for drugs at more than six times the rate of white people, despite successive crime surveys showing that drug use in black communities is at a lower rate than in white communities?

[Lord Ahmad of Wimbledon]

The right reverend Prelate is right to raise this concern. Issues of stop and search have been prioritised; I recall that my right honourable friend the Home Secretary has specifically focused on this area. I believe that, although in 2009-10 stop and search was about seven times as likely for someone of black ethnicity, that has fallen to four times more likely—but that is still four times more likely than anyone else.

Refugees: Unaccompanied Children

Lord Bishop of Rochester Excerpts

Monday 8th February 2016 Lords Chamber

[The Lord Bishop of Rochester]

My Lords, as one of the bishops from Kent, may I take the Minister back to his previous answer? In fact, some 1,300 unaccompanied refugee children are housed in Kent, and the local authorities and the voluntary agencies are under very significant pressure. May I push him a little as to whether, in the light of the somewhat unencouraging response from other local authorities, Her Majesty’s Government intend to do anything else to ensure a more effective national dispersal programme—given that we are talking not just about this moment, but about the likely 10 years that will be needed to get a young person from the point of arrival to full integration, with all the work in education, language and healthcare needed to go with that, and the considerable investment required? Some assurance would help my colleagues in Kent.

[Lord Bates]

It is absolutely right to raise that point: we have a particular problem there, and we need more local authorities to come forward. We will take some action: the Immigration Bill before your Lordships’ House includes a provision that will allow the Secretary of State, where people do not step forward, to impose a settlement on local authorities—and that comes not only with the child, but with about £40,000 of funding per head. So we are not simply asking people to take additional responsibilities. If there is anything that can be done through the diocese of Kent to exert pressure on local authorities more widely to take their fair share, we would of course all welcome that.

Counterterrorism: Communities

Lord Bishop of Rochester Excerpts

Thursday 26th November 2015 Lords Chamber

[The Lord Bishop of Rochester]

My Lords, I, too, am very grateful to the noble Baroness, Lady Mobarik, for initiating the debate and for the opportunity to speak in it. I am grateful, too, to the noble Baroness, Lady Eaton, for saying some of the things about Near Neighbours that I might have said. That will save me having to do it. It is good to have other advocates of these things.

The point has been made already, not least by the noble Lord, Lord Harris, that the important issues raised in the debate, although perhaps prompted by part of the current world situation, have been there for many generations. Many of us have been working away at them for a good many years. None the less, one of the strands in the Government’s counterterrorism strategy, published last month, has been the building and strengthening of community links within and between communities. It is a very important strand that clearly builds on things that many of us have been involved in before. In many ways it is the most difficult strand, because it requires perseverance and hard work over many years. It requires commitment in local communities and all the things that lead to fruitful engagement.

This is an area of life in which the language of religious faith and identity are often used, even when, as has been pointed out already, the connection with any true religion is somewhat tenuous at best. The rabbi, the noble Lord, Lord Sacks, commented on this very cogently in his recent book Not in God’s Name, which I commend to noble Lords if they have time to read it. Religious beliefs may, in some cases, be stated as givens, but religious practice, including what we might call deviant religious practice, is actually nurtured within our communities—in families, in neighbourhoods and in other settings. Therefore, as has already been said, it is this local work in communities and neighbourhoods that is key in dealing with this dimension of these issues.

As we know, the challenges are significant: issues of segregation and separation, not least in some of our cities, are still there, with the need to break down barriers of mistrust. There are some very real issues of leadership capacity in some of our communities. That is an area where investment, not so much of money but of training and development and those kinds of things, could reap benefits; it already does in some instances. Particular attention has already been given to the invidious position in which some of the leaders of our Muslim communities are put at times. Proper support and development of the skills of leaders such as those is important.

I do not think that anyone has yet mentioned the particular issues around young people. Again, that is clearly something of huge importance. Investment in that, not just of money but of time and attention at the local level, is very important in addressing the matters before us.

These issues are tackled most fruitfully and effectively at local levels, where time and commitment can be given to building trust, often over generations as people live alongside one another and as they get to know one another. The Near Neighbours initiative, to which the noble Baroness has already referred, is one such example which the Church of England has been pleased to sponsor through the Church Urban Fund and which would welcome support from the Government. That initiative is having an effect in many different places in the country; some examples of its work have already been given.

I will also mention the work of my right reverend friend the Bishop of Birmingham, who has taken the initiative to convene regular conversations between the leading faith leaders in the city of Birmingham. Clearly, that is a city where that kind of work is really important. I worked there myself for 18 years and it is close to my heart.

We on these Benches assure this House of our continuing commitment to work for the building of trust, understanding and practical collaboration within and between communities throughout our land. We will play our continuing part in building strong communities between people of different faiths and backgrounds.

Serious Crime Bill [HL]

Lord Bishop of Rochester Excerpts

Tuesday 28th October 2014 Lords Chamber

I am not sure whether I agree with the noble Lord, Lord Lester, that, taken together, the two government amendments—Amendments 46G and 50A—mimic the formulation that was used to bring protection orders for forced marriages into the civil arena. I cannot judge whether the two amendments together produce the same effect. In any case, having two separate amendments that tinker around with two different Acts is a rather tortuous way of doing things, and will probably be very unclear to people who are applying the legislation. The formulation could be much simpler, and therefore much clearer, if the Government made the effect clear in a single amendment, along the lines of the opposition amendment—although perhaps that could be improved as well; I am certainly open to thinking about that. I would be grateful if the Minister would indicate whether she is prepared, even at this stage—by which I mean at Third Reading—to make further improvements in the definition, and in relation to the uncertainty about the effect of her formulation regarding the legal route.

[The Lord Bishop of Rochester]

My Lords, I hesitate slightly, as a male religious leader, to speak in your Lordships’ debate on this matter, but it may be important that I do so. I also hesitate to plunge into the legal niceties that have been raised so clearly by those with more knowledge of such matters. I added my name to Amendment 44A largely because of a phrase in subsection (5) of proposed new Section 63T of the Family Law Act. It states that,

“it is immaterial whether she”,

that is, the girl or woman concerned,

“or any other person believes that the operation is required as a matter of custom or ritual”.

The context for that subsection is the possibility that an operation might be justified on the grounds of the physical or mental health of the person concerned and that wording makes it clear that custom and ritual cannot be used as support for such an argument.

We are rightly proud of our national values, whereby we respect and indeed treasure the richness of many and varied cultural and religious traditions, beliefs and practices within the life of our national society. But that proper respect for a wide range of such beliefs and practices does not mean that they are all either good or commendable. It is my view that in female genital mutilation we have a practice that we simply cannot condone, even when it is done out of respect for a particular cultural or religious tradition. FGM is at heart, as has already been graphically described, an act of violence and abuse. It is one that is often associated with control—sadly, male control over women. For somebody from my tradition, it is actually an interference with our human createdness in a way that carries no benefits for health or anything else. It is, indeed, the physical removal of the potential for sensual pleasure which is part of our human and sexual createdness. The Church of England’s marriage service, or at least its current version, speaks of the “joy” of bodily union. FGM removes that possibility. For that reason and others, I support this amendment and its intent. Whatever emerges from this debate, I hope that the reference to custom or ritual will remain within whatever emerges as an Act.

[Baroness Hamwee (LD)]

My Lords, I do not need to reiterate the feelings of abhorrence at the practice of FGM and the enormous number of girls and women who are affected by it. The right reverend Prelate has a very important role in this debate. He should not have hesitated to intervene.

I wish to address a couple of points before I speak to my amendments, which are minnows and just seek clarification. I agree very much with what the noble and learned Baroness said. As one who has been in the lower orders of the legal profession, I am impressed by the way in which members of the judiciary have specialised and gained expertise in a number of areas over the years. I hesitate to make my next remark, and should tug my forelock in doing so, but it is hugely important to ensure that certain members of the judiciary have considerable knowledge and experience of the areas in which they pass judgment. Practice and practical arrangements are also enormously important.

I do not want to argue that this amendment is better than that amendment. However, if there is to be further discussion, which I would never discourage—we talked about consultation on the previous amendment—let us not forget that it need not happen by Third Reading. If there is to be further consideration, it needs to be done well and carefully. The Bill has further stages to go through in the Commons. We are all accustomed to Members of the Commons saying on the record in Hansard, “Let’s send it to the Lords and let them sort it out”. On this occasion, there is time for sorting out to be done, if that needs to happen, before the Bill completes its passage through Parliament. As I say, it need not be done by Third Reading, which is not very far away. However, it is important to have something in the Bill on which any further consideration can build. Therefore, I suggest to the House that we should support the government amendments so that we have them as a basis.

As I said, my amendments are minnows. Nevertheless, I will speak to them. The first is Amendment 46C, which seeks to amend government Amendment 46B on anonymity. I seek to understand the import of “substantially” at line 23 of government Amendment 46B. My amendment suggests replacing “substantially” with “significantly”. It is obviously for the court to decide whether a defence would be prejudiced and to what extent it would be prejudiced. Are there any comparable provisions containing this sort of balance elsewhere in the criminal justice system, given the presumption of someone’s innocence until they are proved guilty? I also ask for confirmation that the restriction here applies on an appeal to a higher court.

My second amendment, Amendment 46D, is to the same amendment, dealing with the second condition in the court’s consideration, where it is provided that the effect would be to,

“impose a substantial and unreasonable restriction on the reporting of the proceedings”.

What might a substantial restriction be that is not an unreasonable restriction and why is the extent of the restriction relevant?

My third amendment is an amendment to Amendment 46E, which is the offence of failing to protect. Again, in order to probe, I am seeking to leave out from proposed new Section 3A(1) the words “under the age of 16” as describing a girl. Indeed, should it be “a girl” or “a girl or woman”? Does girl include a woman? I have not got the words quite right, but that is the import of the provision in the 2003 Act. Why 16? It may in practice be very rarely necessary to seek an order in respect of girls aged 16 and over, but it seems it is not completely irrelevant. The 2003 Act does not have that age limit on a girl and indeed provides for women to be covered as well.

In proposed new Section 3A(4) we are told that a person is responsible in one case where that person has parental responsibility and has frequent contact with the girl. Is frequent contact necessary and, indeed, is it appropriate? How frequent is frequent? I would guess that we expect case law to grow up around this, but I would be grateful for any comments that my noble friend might have. Does parental responsibility extend to care as under Section 3(5) of the Children Act? How does that definition of parental responsibility fit with proposed new Section 3A(5) where there has to be an assumption of responsibility for caring for a girl in the manner of a parent.

I hope that none of this is thought to be too pedantic and too picky. Like others, I am very keen to see these provisions work. If I have by chance lit on anything which needs more explanation than I have been able to apply to it in my own head, then it would be useful to have it on the record.