Arbitration and Mediation Services (Equality) Bill [HL]

Lord Kalms Excerpts

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

[Lord Kalms (Non-Afl)]

My Lords, when David slung his stone at Goliath’s head, he killed him with one blow and a great victory against tyranny was achieved. Today, the fight for peace and victory is infinitely harder, but David had the right idea, as has the noble Baroness, Lady Cox, with the Bill, for which we are deeply indebted to her: aim for the head, and eliminate a vital organ of the growing poison that seeks to inject itself into our system of democracy and equality.

Yet sharia law need not be evil. It could even be welcome if it remained subservient to the laws and rules of our multicultural society, but being subservient is something that sharia finds very hard to do. Many who believe in sharia believe that it derives its legitimacy from God himself. We should not be surprised if they regard such a law to be superior to the law of man, the law of the land.

However, in a society such as ours, submission to the law of the land is precisely what all other systems of law and belief must accept. The law of this land, the law by which we all abide, is the fundamental basis of our security. In an increasingly diverse society, it is the bedrock of our common freedom, yet it is vulnerable, for the law which serves us so well is not always as carved in stone as some people think. As circumstances change, the law updates to protect every segment of our society, always without prejudice. The powerful and the needy obey it to the letter or are punished.

It is on occasion open for negotiation, and at such moments we must be exceptionally wary about what ideas we allow in. Women in our world enjoy 100% equality. Their word carries equal weight. Those are hard-fought-for principles. But sharia has come to an opposite view, to a degree that is both obscene and inexplicable to the western mind.

How can this country allow such inequality and intolerance, let alone in the name of equality and tolerance? How can this country, which has led the way in equality throughout its history, choose in the 21st century to turn a blind eye to laws which regard women as unequal citizens with an unequal say and an unequal voice?

Today, we are a multicultural society. Christian, Muslim, Jew of any denomination should feel safe, but to feel safe we must know that we are protected by a common law, one which holds back the worst excesses of fundamentalist religions. Our Muslim friends and neighbours, among others, are right to worry about where those excesses lead. Wherever the footprints of sharia lie, violence and oppression follow swiftly behind. It is not benevolent in Sudan, Nigeria, Syria, Iran or Saudi Arabia. In all these places, unspeakable murders are perpetrated. While some in the UK present sharia as an expression of peace, everywhere else it arrives, the people with Kalashnikovs are not far behind.

At this stage of our world’s existence, politicians and scientists are struggling to find the right reaction to this problem. For so long, we have lived in a society where negotiation and compromise are the first steps, but these words—negotiation and compromise—are not in the lexicon of Islamic fundamentalists or those who advocate sharia. As we value the best aspects of our lives in this country, we should make a stand against the unequal and low regard for the value of human life that sharia offers.

Today the West is slow, ponderous, and uncertain. Most of our citizens who are Muslim share our philosophy; they enjoy the benefits that security, equality and entrepreneurship offer. They enjoy life, with its unique joys of family life; they enjoy sharing their festivals and the disciplines of their own faith—but above all they appreciate the climate of tolerance that abounds in great depth within these blessed isles. But these rights are not inevitable, and it is perfectly possible at any stage that a country such as ours, juggling the complexities of a diverse society, can unwittingly fall off the path.

The Bill is a small masterpiece. It isolates a deepening problem and focuses on an issue of greater importance than many people realise. Already many sharia courts have become illegal and unjust by any standards. They are controlled by fundamental Islamists and aim to stand not beneath but above the law of this land.

May I complete my words with a small anecdote? I recently watched a television programme about one Imam, aged about 35, English, erudite, charming and sitting in a beautiful book-lined study, being asked to explain his opinions on some Islam practices which he answered with reassurance and seeming common sense. The final question was deliberately simple. What was the Imam’s views about the treatment of women who are stoned to death for adultery? We waited for a reassuring, 21st-century answer. His reply: “That is our law”.