(1 year, 8 months ago)
Lords ChamberTo ask His Majesty’s Government what plans they have, on the grounds of compassion and morality, to reconsider their decision to refuse citizenship to Shamima Begum.
We are pleased that the Special Immigration Appeals Commission has found in favour of the Government in Shamima Begum’s appeal against the decision to deprive her of British citizenship. It would be inappropriate to comment further, given the potential for further legal proceedings. The Government’s priority remains maintaining the safety and security of the United Kingdom.
My Lords, I thank the Minister for his considered response. I think we all know the circumstances: Shamima Begum was a 15 year-old child when, seduced by a perverted ideology, she ran away from home and ended up as the consort of an ISIS terrorist and, eventually, the mother of three dead babies. Now 25 years of age, her situation has changed since she was deprived of her British citizenship in 2019. Her provisional Bangladeshi citizenship lapsed when she reached the age of 21 and she is now stateless. I would like to ask two questions. First, what consideration has been given to her present situation, as of today? Secondly, does the Minister’s response suggest that security fears trump our moral responsibilities?
I thank the noble and right reverend Lord for his questions. The answer is that in relation to Shamima Begum, as I indicated in my earlier Answer, due to the fact that the litigation may continue I am unable to comment specifically on the facts of that case. However, I can answer more generally that the power to deprive an individual of their British citizenship, as happened in this case, has existed in law for over 100 years. The British Nationality Act allows for the deprivation power to be exercised in two circumstances: first, where the Secretary of State considers that it is conducive to the public good to deprive that person of their British citizenship, generally on national security grounds; and, secondly, in relation to Section 40(3), if British nationality has been obtained by fraud. This power is exercised sparingly and obviously, given the national security nature of these decisions, the content of them is the subject of closed proceedings. It is therefore a matter for particularly careful consideration by the Secretary of State and that was certainly done in the instant case.
(7 years, 3 months ago)
Lords ChamberMy Lords, I am very pleased to be able to speak alongside so many distinguished speakers today. I thank the noble Lord, Lord McColl, for his excellent speech and for bringing this important Bill before us. Of course, it is always a pleasure to hear and follow the noble Baroness, Lady Benjamin. I will focus on one aspect of the Bill: the benefits of providing victims with a support worker, or an advocate, as they make their way towards recovery —a provision found in proposed new Section 48C(1)(e).
Noble Lords will recall that the Modem Slavery Bill was preceded by a report commissioned by the then Home Secretary—the current Prime Minister—produced under the chairmanship of Frank Field. The resulting publication informed the Government’s approach to developing their Modem Slavery Bill. The report was entitled Establishing Britain as a World Leader in the Fight against Modern Slavery: Report of the Modern Slavery Bill Evidence Review. Its title summarises many of the sentiments that have already been expressed by your Lordships. We want Britain to be a world leader in the fight against modem slavery, as it was nearly two centuries ago.
In that report was a recommendation that is encapsulated in this Bill,
“that a ‘survivor support pathway’ should be developed in the UK in order to ensure that outcomes for survivors are improved and that their long-term recovery is protected and maintained ... there is a significant need for ongoing support beyond the 45-day reflection period”.
It was also recommended that there should be a special, short-term temporary residence visa and work permit for confirmed victims where needed.
The need for individuals to receive personalised support has been recognised for some time. The evidence review recommended that part of that support could include a “mentor”, who would ensure that the individual, for example, gained access to work and housing. The noble Lord’s Bill proposes in the section that I quoted that victims should have a support worker to walk alongside them through the journey of recovery. That is a sensible proposal because individuals in vulnerable situations need someone to be their advocate, to encourage them and to help them through the maze of options that they face. A victim of trafficking is in such a situation: possibly in a new country, not able to understand the language and having to navigate a complicated system of benefits and housing just to get back on their feet.
The notion of a support worker is not mere speculation; some charities already offer this kind of assistance. City Hearts, for example, is a charity that runs an integration support programme—a very innovative and effective initiative. We know from our own personal experiences through life that we all need somebody who cares about us and is invested in our future. Trafficking victims have every good reason to doubt that individual care exists, but compassionate support shows results. The evaluation report that I have just mentioned includes feedback collected from victims on their experience of having an individual coach. The comments include, “I want to say thank you for being the one who believed in me”, and, “Thank you for all your support, for not giving up on me”.
Much good work is already being done by NGOs to support victims using varying models of a support worker. We need to give them extra tools to equip victims to finish the recovery process. This Bill would provide those tools and it is widely supported by NGOs. I very much hope that the Government will regard the Bill as an opportunity to fill a missing element of the Modern Slavery Act and that, in doing so, the United Kingdom will be recognised as a world leader in caring compassionately for victims.
(8 years, 5 months ago)
Lords ChamberMy Lords, I am grateful to the noble Lord, Lord Lexden, for securing this debate and for his excellent introduction. It is a privilege to follow my noble friend Lord Dear, and we are in his debt for his very clear speech. I too am very troubled by the ease with which complaints going back years can trash, tarnish and destroy reputation, careers and lives. We have had evidence of that in recent years, as we have heard, with the accusations against Lord Bramall, Lord Brittan, the DJ Paul Gambaccini and Sir Cliff Richard.
In the case of Lord Bramall, the accusation was dropped without a word of apology from the police. The charges against Lord Brittan and Paul Gambaccini were also dropped. As we have heard, Cliff Richard’s case was more deplorable: without any warning, combined action by the police and the BBC devastated the life of this well-known person, giving him, in his own words “two years of hell”. A week or two ago, the police dropped all charges because of lack of evidence. For Cliff Richard, that is not sufficient. He rightly demands that his name be cleared and a fitting apology given. It is good to note that he has been seen at Wimbledon this week.
We expect better in a land under the rule of law and in a democratic society where justice prevails. However, in the case of a dead person, the questions are much more difficult as the individual is no longer here to answer the accusations. I refer to Bishop George Bell, the Bishop of Chichester, one of the most distinguished Church leaders during the war years. He often spoke in this House and, in the words of his excellent biographer, Dr Andrew Chandler, was “ever the Christian internationalist”.
George Bell was happily married to Henrietta for 40 years. It was a close and enduring marriage in which Henrietta supported her energetic husband devotedly. Not a whiff of scandal dogged his career. His was a life of constant work and activity. Although often embroiled in controversy—he clashed often with his own church and political leaders of the time—he was the man of deepest integrity. He died in 1958. Thirty-seven years later, in 1995, a woman under the pseudonym of Carol made complaints against him that when she was a five year-old, the bishop abused her. I have no wish to denigrate her, because her experience could well be true, but was the bishop the culprit? The Church of England seems to be certain of it, because last October, as we heard, a legal civil claim was settled by the Diocese of Chichester and a sum of money given to the complainant. The Bishop of Chichester made an unreserved apology to “Carol” expressing his “deep sorrow” and acknowledging that,
“the abuse of children is a criminal act and a devastating betrayal of trust that should never occur in any situation, particularly the church”.
So Bishop George Bell was judged a paedophile and a pervert. The trashing of his memory and magnificent career is now well under way. George Bell House, in the diocese, a centre for vocation, education and reconciliation, has been renamed 4 Canon Lane. Bishop Bell school has been renamed Saint Catherine’s School. At the University of Chichester, the George Bell hall of residence has been renamed, as has the George Bell Institute. The man described by Ian Kershaw, the leading historian of the war years, as,
“the most significant English clergyman of the 20th century”,
is now being ruined, in the words of supporters of George Bell in the Chichester diocese,
“by an anonymous, unpublished claim, upheld by a non-court which won’t explain its decision”.
The worrying thing is that the Church of England has admitted that, given the positively ancient nature of these allegations, there cannot possibly be a test of the evidence to a criminal standard of proof. It has instead applied the civil standard: a balance of probabilities. However, even the civil standard relies on a person having a defence, someone to bat for them, and we have no evidence that the safeguarding officials of the Church of England—mentioned by the noble Lord, Lord Dear—who oversaw the supposedly painstaking investigation looked at any evidence. For example, I question whether they ever considered his extensive travels or his household arrangements, which might have thrown up some question marks about the nature of the allegations. They did not question a surviving relative or, even more devastatingly, Canon Adrian Carey—no relation—his chaplain for two of the years that the claimed abuse happened. Canon Carey strongly refutes any suggestion that anyone working in the palace “would often take the little girl with her when she went to work”. He never saw a child in such circumstances, and it is not clear in what capacity the child’s relative can possibly have worked at the palace in the evenings. This leaves many of us deeply unhappy with the process which the Church of England has undertaken. We sympathise with the complainant “Carol” but are unable to believe that even the lesser standard of proof has been properly applied.
I am distressed to make this observation of my own Church, but it seems to me that in this particular instance, its procedures have had the character of a kangaroo court and not a just, compassionate and balanced investigation of the facts.
A few days ago, as we have heard, the Church of England announced that an independent review would be set up to reconsider the George Bell case. The timing of the announcement might suggest to my mischievous mind that it is intended to fob us off. I hope I am wrong about that. However, I make a plea to the Church to ensure there is a clear, objective and open investigation, in which senior legal expertise is applied, to satisfy us all that justice has been served and above all, that the process be as open as it possibly can be.
Returning to the wider issue of the Motion moved by the noble Lord, Lord Lexden, the cases of Cliff Richard, Paul Gambaccini, Leon Brittan, Lord Bramall, as well as George Bell, mean that there is a strong case to be made for a new approach to historical sex abuses. When a complaint is brought, we should not expect the police to regard it as credible and true but to investigate it with an open mind, pursuing the evidence wherever it leads to build a case which the prosecuting authorities believe has a chance of obtaining a conviction. Similarly, I suggest that the type of civil action that the Church used in Bishop Bell’s case should never be used in this way again. Surely there is also a strong case to be made for not revealing the identity of the accused until he or she is charged, because unless such changes are made, none of us is safe. Each one of us—however faithful we have been to our partners and to our ideals of right and wrong—will be at the mercy of mischievous and cruel accusations.
I am able to say yes to that for myself; what I am not able to do is speak for those who are overseeing this case for the Church of England. Although I am happy to be standing here and speaking for the Church of England today, some noble Lords will realise that I am the duty bishop this week and I have not been directly involved with any of these investigations. I am not saying that to distance myself, but I simply cannot speak for others on the question that the noble Lord has raised, though I give him my assurance that I will raise it with those who are overseeing this case.
I now turn to a couple of other things that were raised in the debate. It was suggested that the review might be a knee-jerk response to something that has happened. That is unfair. We are aware of the importance and sensitivity of this case. It also happens now to be standard practice for us to do such reviews when a bishop has been accused. My own dear friend, Michael Perham, Bishop of Gloucester, was mentioned in the debate. That happened with his case. For the record, I ought to say that it was the police, not the Church, that released Michael Perham’s name.
Miscarriages of justice happen, people do things wrong and people investigating them get things wrong, but to call the prayerful, careful, sensitive and serious investigation “a kangaroo court” was a really rather unhelpful slur in an otherwise serious and helpful debate. There is a review taking place; it is a review of the process, which will enable us to learn lessons for future cases. New statutory guidance about the handling of such cases would be of great assistance to the Church of England, to many other institutions and to our nation.
Will the right reverend Prelate say something about the independent review? The majority of us who have spoken believe that there has been a miscarriage of justice; is there any chance that the independent review will reconsider the decision that was made by the civil court action?
It is my understanding that the independent reviewer, who, as I say, has not yet been appointed, nor called for submissions, will review the process. What he or she does after that is a matter for them.
(11 years, 7 months ago)
Lords ChamberMy Lords, for the second Queen’s Speech running, same-sex marriage legislation is the Bill that dares not speak its name. I want to comment briefly on its absence from the Queen’s Speech because this is another example of a process which to date has been wholly unedifying. Debate and discussion have been curtailed and foreshortened at every turn, as I will illustrate.
I thank the noble Lord, Lord Fowler, for his powerful and impassioned speech, a great deal of which I agree with. I, too, want a fair, equal society. I, too, want to oppose discrimination in any form. I, too, believe that the other place is the senior Chamber and we must listen to it with respect. However, I am sure that the noble Lord did not wish to suggest that we have no role in scrutinising, challenging and opposing Bills that come before us if we feel it is right to do so. It is not my wish to put forward arguments against the Bill at this stage; I simply want to reflect on the process.
When the Prime Minister took office, he interested many of us when he outlined his plans for a big society. There is, of course, a great need for social cohesion built upon a strong economy and nourished by agreed common values and, in the case of our society, the Judaeo-Christian ethic, but, somehow, along the way the big society vision has been forgotten and in its place we find division and great distress, as the right reverend Prelate the Bishop of Exeter mentioned earlier—indeed, a “broken society”, to quote the Prime Minister once more. Of particular concern to many is the bewilderment caused by a law concerning same-sex marriages which will change the face of society and family with no mandate or even a proper debate.
Of particular concern at this point in the Bill’s passage is, for the first time, the way in which the proposals effectively institutionalise competing views of marriage in our society. Rather than promoting social cohesion, this will lead to greater social fragmentation. Far from ending the so-called battle over marriage, these proposals will formalise and exacerbate that battle. The Bill will lead to a scenario that is destructive for community, thereby necessitating further change in the future.
How did we get to this point? A commitment to legalising same-sex marriage was not in the manifesto of any major political party at the 2010 general election. The Government have not demonstrated at any point evidence that there was a great demand for such a change. The Government produced a so-called public consultation on the introduction of same-sex marriage but declared a timetable for the draft Bill and its implementation before publishing the results of the consultation. Their mind was made up. The consultation was never about whether same-sex marriage should be introduced but how. The Government had promised in the consultation that same-sex marriage would not take place in religious premises. In the draft Bill they did the opposite. The consultation cannot be described as a serious exercise in eliciting the views of the public.
Had the Government listened more and not engaged in a desperate bid to paint all the opponents of this Bill as elderly Christians, a strange breed of non-relevant dinosaurs, perhaps they would have started to address these issues and picked up the chorus of disapproval from those, for example, from our black and minority ethnic communities who have, for no apparent reason, been excluded from the legislative process. The Secretary of State was sent a letter by the leaders of Britain's so-called black churches, but I understand that she refused to see them. The committee in the other place failed to invite a single black person, Muslim, Sikh or Hindu to give evidence in person.
This Bill represents major constitutional change but was rushed through Second Reading in the House of Commons. The debate was time-limited and contributors to the debate were strictly time-limited in their speeches. I regret to say that the Government have pursued this agenda without paying attention to many voices calling for caution, not just from their back-benchers but from thousands of their grass-roots supporters. The local election results tell the story of a substantial section of the public who are extremely worried about the effect of a redefinition of marriage on family life and the well-being of children. It is not therefore surprising that many feel that they have been frogmarched to this point in time. What is happening will not lead to a strengthening of the notion of a big society but the opposite.
I recognise that there are good and sincere people on both sides of this debate and it is not my intention to question other people’s integrity, but I trust that when the Bill reaches this House, we will pause to consider the pace of change and the effect that it will have on the nation. Indeed, it is my hope that this Chamber, which has shown its independence on important issues in the past, will also demonstrate and talk about the dangers that this Bill represents, if it becomes law.