(1 year, 10 months ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the working of the prison chaplaincy service; and in particular, the extent to which representatives of all faiths are included in the discussions of the Prison and Probation Service’s Chaplaincy Council.
My Lords, I beg leave to ask the Question in my name on the Order Paper, and in doing so declare my interest as director of the Sikh Prison Chaplaincy Service.
My Lords, since 1996 the chaplaincy council has helped deliver prison chaplaincy based on multiple faiths and beliefs. However, it no longer reflects the breadth of faith and belief of those in prison or on probation. We therefore propose to replace the chaplaincy council with a chaplaincy faith and belief forum representing all faiths. We will consult widely on that proposal and related reforms, including the smaller faiths in particular.
I thank the noble and learned Lord for his Answer, but until three years ago the chaplaincy council was working well. Why replace something when it is not broken? A prison chaplaincy council representing the six major faiths has not met for some three years, with Hindus, Sikhs and Buddhists being excluded from policy discussions and discriminated against in grant support, visiting and educational hours and career opportunities. Widening the prison chaplaincy council will worsen that situation. Why are our concerns and complaints consistently ignored by those charged with the promotion of inclusion and diversity, who feel that all they need to do to fulfil their remit is write pronouns after their names?
First, I pay a personal tribute to the noble Lord, Lord Singh, for all that he has done over many years for prison chaplaincy and for his tireless efforts on behalf of the Sikh community. I mean that most sincerely. However, respectfully, I do not entirely agree with the thrust of his question. In the Government’s view, the chaplaincy council needs to be brought up to date to make sure that all faiths are properly represented and, in particular, to make sure that the faith and belief advisers, who assist the Prison Service, particularly in the appointment of chaplains, and who are very often on the council, are remunerated and appointed transparently and consistently so that there is no question of any difference of treatment in that regard. It is perfectly true that there has been some disagreement with the noble Lord, Lord Singh, in the past—that I accept—but I hope that the reforms that we are in the process of consulting on will remove any scope there may be for disagreement on the way forward.
(2 years, 8 months ago)
Lords ChamberMy Lords, integrated support is absolutely key—I agree with the noble Lord on that. We have done a number of things; we have set up a scheme to offer 12 weeks’ accommodation to prison leavers with support to move to settled housing and, by 2024-25, we will be investing £200 million per year to transform our approach to rehabilitation. But of course we need to be held to account on this, and we hold the Prison Service to account on this. We publish data, and the data is meant to be clear and transparent. There has been an improvement in the figures, and I want to see them improve even more.
My Lords, I declare an interest as head of the Sikh prison chaplaincy service. Prison chaplains can play an important role in rehabilitation. Does the Minister agree that smaller faiths should have the same access to prisoners, in education, pastoral care and so on, as the larger faiths?
My Lords, I disagree with the noble Lord only on one point, when he said that prison chaplains can play an important role for prisoners, including in rehabilitation. I think that underestimates the point; I would say that prison chaplains can play a crucial and fundamental role in prison life, in and outside prison. As to smaller faiths, maybe I should declare my interest, because I agree.
(2 years, 9 months ago)
Lords ChamberMy Lords, one of the other things on which we score extremely high internationally is the quality of our judges. That ought to be mentioned as well. So far as prisons are concerned, we published a prisons White Paper in the last six months, which deals with a number of the matters raised by the noble Lord. As to the terms of reference of any royal commission, of course I have heard what the noble Lord has said.
My Lords, I refer to my interest as director of the Sikh prison chaplaincy service. Reducing reoffending should be a central aim in any criminal justice system. Does the Minister agree that chaplains of all faiths can play an important role in this by giving purpose and direction to offenders? Does he further agree that there should be equal access to resources and pastoral support for all faiths in a truly multifaith chaplaincy and probation service?
My Lords, I am grateful to have the opportunity to express real gratitude for the work done by prison chaplains, particularly during the pandemic when the chaplaincy had to move from face-to-face to telephone or video conferencing. Access is of course ultimately a matter for prison governors, but if the noble Lord has particular concerns in this area, he knows that he can speak to me; I am very happy to have a discussion with him.
(3 years, 1 month ago)
Lords ChamberMy Lords, today we live in an increasingly selfish and uncaring society, in which euphemisms such as “assisted dying” for “assisted suicide” and, unbelievably, “compassion” have all been used to justify a Bill that I believe demeans society and pressurises the vulnerable to take their own lives.
The moral slide ahead is clearly visible. In the Netherlands, assisted death is routinely extended to include the disabled, those with chronic, non-terminal conditions and those with mental health problems such as dementia and depression. The suffering of the vulnerable is made worse by those close, making it obvious that their care is an unwanted chore, particularly by some who stand to inherit property or assets. That was highlighted by the noble Lord, Lord Tebbit, who has shown years of loving care and compassion to his injured and disabled wife. During the debate on the 2013 Bill of the noble and learned Lord, Lord Falconer, the noble Lord, Lord Tebbit, said that legislating for assisted suicide
“creates too much financial incentive for the taking of life.”—[Official Report, 18/7/14; col. 789.]
Such pressures are difficult to pick up by doctors and judges.
We are all aware of the problem of climate change, but much less aware of a deteriorating moral climate—a growing selfishness seen in daily news of violence against the weak and vulnerable.
Assisting in the killing of our fellow human beings has been condemned by leaders of all our major faiths, including, as we have heard, the most reverend Primate, the Archbishop of Canterbury. Statistics remind us that it is not physical pain but a feeling of being unwanted and a burden on others that leads to mental suffering and a wish to die. We have heard conflicting stories about the different views of religions. In the story of the good Samaritan, Jesus Christ reminds us of our common responsibility to help in alleviating the suffering of our fellow beings. In Sikhism, the young Guru Nanak spent money given by his father for investment on food for the starving. Loving care for others, even to the enemy in battle, is central to Sikh teaching.
Finally, I mention the misuse of the word compassion —unbelievably, used to advance the Bill. The literal meaning of “compassion” is to show in loving care that we understand and share in another’s suffering. True compassion not only makes life meaningful for both giver and recipient but, importantly, also nudges society as a whole in a more positive ethical direction. It is for these reasons that I oppose the Bill.
(3 years, 4 months ago)
Lords ChamberMy Lords, people may choose to abide by the interpretation and application of sharia principles if they wish to do so—that is a matter of religious freedom—provided that their actions do not conflict with the national law. But, importantly, all individuals retain the right to seek a remedy through the English courts in the event of a dispute. For these purposes, the law of England and Wales in relation to the inheritance of property will prevail. We are looking at legislation, and I will of course update the House and my noble friend as and when we reach a decision.
My Lords, does the Minister agree with the words of a Christian hymn that
“New occasions teach new duties; Time makes ancient good uncouth”,
and that religion and religious teachings should be interpreted in the context of today’s times and the recognition of full gender equality? Does he agree that the Government’s continuing reluctance to stand up for the rights of Muslim women and girls is not only a betrayal of government responsibility but an insult to the fair name of Islam?
My Lords, I think the theological point put to me will take an answer that is probably longer than the allotted time, but I am happy to consider it further. However, I reject the proposition that we are not concerned about the rights of Muslim women and girls. The history of the work in this area, whether on forced marriage or indeed the matters we are discussing this afternoon, would indicate the opposite.
(8 years, 4 months ago)
Lords ChamberThe Government recognise that strong views are held on this subject on both sides. It remains the Government’s view that any change in the law is an area for individual conscience and a matter for Parliament to decide rather than for government policy. The noble Baroness and the House will remember the lengthy, thorough and extremely illuminating debates we had last year or the year before in relation to the Private Member’s Bill proposed by the noble and learned Lord, Lord Falconer. Since then, there has been a Bill in the House of Commons which was defeated at Second Reading.
My Lords, social as well as medical factors can influence a decision to live, and greedy or uncaring relatives can easily influence that decision—we hear about that every day in the press and in care homes. Does the Minister agree that greater efforts should be made to show that we value all people, whatever their degree of sickness or disability, and that society must work towards better palliative care?
I am sure that all noble Lords would agree with what the noble Lord said, whatever their views about the issue.
(10 years, 4 months ago)
Lords ChamberMy Lords, the Bill is flawed on many counts. In attempting to show compassion to a few, it neglects due compassion to many thousands of others. It has created immense fear in vulnerable people that they are being seen as a problem by society, with consequent damage to their sense of self-worth. Much has been said about autonomy in this debate—about our right to take decisions about our lives. But all too often it ignores the reality that what we do or omit to do affects others. This narrow view of autonomy is little more than an unhealthy obsession with self, which is considered one of the five deadly sins in Sikh scripture. The reality is that all of us are part of a wider society. What we say or do affects others. Importantly, our attitudes and decisions are influenced by those around us. Relatives, through what they say or omit to say, or simply by not being around, can affect the mood or even the will to live of the vulnerable.
The Bill stipulates the need for a “settled” state of mind for those contemplating assisted suicide. A feeling of not being wanted or of being a burden on others can, importantly, tip the balance towards a settled state of mind of not wanting to live. The proposed legislation moves us even further from focusing on enhanced care and compassion for the vulnerable in society. Worse, it can encourage uncaring or greedy relatives to persuade vulnerable people that their lives are not worth living.
All of us can at times feel that what Shakespeare called the,
“slings and arrows of outrageous fortune”,
are too much for us. However, it is also true that loving care and compassion can change our mood. This is particularly true for the infirm and vulnerable. Daily reports of abuse of those who cannot care for themselves by family members or in care homes remind us how far we have moved as a society from our duty to help the vulnerable. Sikh teachings remind us that our own sense of well-being lies in devoting time to the well-being of others. It is a sentiment echoed by all major faiths.
Near where I live there is a new housing development with a large hoarding advertising it with the words “Assisted living”. The need of the hour is not to look at ways of helping people to kill themselves in the name of compassion, but to make compassion and concern for the vulnerable central to the life of a civilised society.
(11 years, 10 months ago)
Grand CommitteeI am obliged to my noble friend for picking up my slackness. No, I do not think it would. The wording, as the noble Lord, Lord Mawhinney, just said, is:
“England and Wales is clearly the most appropriate place”.
I think it is quite enough to leave it to the judge to decide whether it is the most appropriate place. That is a strong test in itself and, as I say, I do not think it is right to load the dice in this regard. In my view, what is provided for in Clause 9 goes far enough to stop the most undesirable cases of libel tourism.
On Amendment 50A in the name of the noble Lord, Lord Singh of Wimbledon, I am afraid I agree with my noble friend Lord Mawhinney. It would make the position of the poor litigant wanting to protect his or her name and reputation even more unequal than it already is. We know that legal aid does not apply to defamation proceedings and to have a provision that requires him or her to satisfy a court that they have resources to meet costs arising from an unsuccessful action means that at least half the population will never be able to protect their reputation, and that cannot be right.
On that point, it is the litigant from abroad that I am concerned about, not the defendant in this country—a litigant with substantial funds.
With respect, it says:
“Action against an individual domiciled in the UK”.
It does not say anything about where the plaintiff is domiciled. It talks about where the defendant is domiciled. If I were suing the noble Lord, he is domiciled in the UK but so am I. This clause does not affect my domicile, only his.
My Lords, this whole amendment is concerned with protection against those domiciled abroad using their wealth and remoteness to chill freedom of expression in the UK. It could be that the wording is clumsy. I will come back to that. It is intended to be applicable equally to wealthy businesses and religious cults. My concern is with the latter.
Many in this House will be aware of the power and influence of powerful cult leaders who claim deep religious insights denied to the rest of us. They often attract and get large donations from rich businessmen and media celebrities, which they use to acquire property and business interests, and often to fund expensive lifestyles. More worryingly, they also prey on the superstitious and vulnerable, promising to use their influence with God to help people meet life’s challenges or to cure incurable diseases. In one case, a cult leader got a woman to sign over her property in return for a promised cure for cancer. Sadly, the woman died soon after. I believe that it is in the public interest that such activities are exposed.
There are many more such cases in which superstitious and vulnerable people are deprived, sometimes of virtually all that they have. The power and attraction of such organisations is totally dependent on uncritical acceptance of their claims to special powers; they use their might and muscle to silence those who, in the public interest, dare to challenge them. Many such organisations are domiciled in the subcontinent of India, or in the United States and Canada, and use their wealth and power to stifle any public-interest questioning of their activities. They also use their remoteness from the UK to avoid paying the costs of any finding against them.
There are many examples. I will give one of a young journalist, who questioned the practices of an Indian sect and found himself in a ruinous lawsuit. After three nightmare years facing financial ruin, he eventually won his case but has no prospect of recovering some £50,000 spent in doing so, as this would involve further protracted litigation in Indian courts. The attitude of such foreign-based litigants is very much, “Heads I win, tails you lose”. It might be that the amendment’s wording is clumsy but its intention is very clear. I believe it will significantly deter those who use power and remoteness to intimidate those in the UK who are genuinely concerned about their activities..
My Lords, I shall speak briefly only to Amendment 50A, tabled by the noble Lord, Lord Singh of Wimbledon, to bring him good news as to why it is not needed because we have something else in place. When the noble and learned Lord, Lord Mackay of Clashfern, was Lord Chancellor we dealt with a Bill whose Title was something like the “private international law miscellaneous provisions Bill”—the team behind the Minister will know its correct name. I was concerned that people in countries such as Singapore or Malaysia, which have draconian libel laws and use them to suppress dissent and unpopular views without, I am afraid, any proper respect for the right to free speech, would be able to bring those laws into this country and enforce them here in libel proceedings.
I was concerned about that because the EU was in the process of harmonising tort law, including libel law, and seeking to abolish what is known as the double actionability rule of common law, which provides that if a wrong is committed in another country—a road accident in Gibraltar, for example—the victim could bring a claim for negligence in this country based on what had been done in Gibraltar, but only if it was actionable under the law of this country as well as Gibraltar’s. In other words, domestic British legal standards had to apply and be satisfied. Under the EU harmonisation programme, the danger was that if you abolished the double actionability rule it would mean that someone in one of these other countries could bring in their bad, repressive libel law and rely upon it in this country.
Of course, President Obama did precisely the same thing that I am about to say that we did to the Malaysia and Singapore. In that Act, we kept the double actionability rule in place but only for libel proceedings. The effect is that the Defamation Bill, when it becomes law, will provide the British standard; anybody coming from another country and seeking to use the defamation law coercively will have, under the double actionability rule, to satisfy the standard anyway of the Defamation Act, including the Defamation Act being read with the constitutional and conventional right to free speech. So there will already be very strong reasons in public policy why such a person will not get very far if they seek abusively to bring libel proceedings in those circumstances.
On rereading the wording, I feel that it does say what I intended it to say but that is drafting. I am grateful to the noble Lord, Lord Lester, for his comments and assurances, and I am particularly grateful to the Minister, Lord McNally, who gave the impression that he would look at this a little further. In those circumstances, I shall not move the amendment.