Arbitration and Mediation Services (Equality) Bill [HL]

Baroness Turner of Camden Excerpts

Friday 19th October 2012 Lords Chamber

[Baroness Turner of Camden]

My Lords, I support the Bill and at the same time express my appreciation for the work of the noble Baroness, Lady Cox. She has undertaken a great deal of research in support of the Bill. I have learnt a great deal from her and am grateful for it. I want to emphasise, as many others have done, that the Bill is not an attack on religious faith. I am a secularist but I believe strongly that everyone has a right to religion or faith, and to practise it without discrimination if they wish. I am concerned only if attempts are made to impose practices on those who do not share religion by citing religious or cultural reasons.

The Bill seeks to protect vulnerable people, mostly women, who may find themselves in a situation in which UK law would protect them but who nevertheless are not aware of the legal situation which provides such assistance or are prevented from accessing such a system because of community pressure. We have seen the development in this country of so-called Sharia courts that seek to give advice and judgments which often discriminate against women. They do so in areas where there is quite specific UK law in family and criminal matters.

That is particularly the case regarding divorce, where the woman may not be aware of her rights under UK law and may seek a decision from a Sharia court. She may encounter very much difficulty in that, as is covered in much of the research undertaken by the noble Baroness, Lady Cox. The so-called court may first try mediation, even in cases where there has been domestic violence against the woman. It may claim that the decision of the court requires the consent of the husband. Moreover, the woman’s evidence is worth less than that of a man. A woman who has been widowed may not remarry without the permission of a male relative. There may well be financial problems. A woman may not inherit on the same level as a man. There may be problems about children. Children over the age of seven automatically pass into the care of a man following a divorce decision by a Sharia court. Furthermore, polygamy is culturally acceptable.

Occasionally, the suggestion is made that there should be a parallel system of law to assist minority communities, and particular reference is made to so-called Sharia courts. When one looks at the cultural differences involved and the protection available to women via UK law, in my view, that is clearly unacceptable. There must be one law for all.

The previous century saw substantial improvements in women’s rights in the UK. Generations of women fought for those rights: the right to vote, to participate in public life, to equal pay, access to the professions and higher education, laws relating to the family and divorce and, of course, our current equality law. We will not have these advances undermined by the establishment of some form of parallel law at a much lower level. That is what so-called Sharia law envisages.

The Bill is intended to make it easier for women to bring claims for discrimination to the county court, and provides a positive obligation on public authorities to ensure that women in the situations to which our research draws attention know what are their rights and how to get them enforced. Social or religious pressure may often be imposed to prevent them accessing the UK justice system. That may be a problem, but there are already provisions in law relating to witness intimidation. The Bill is intended to cover those where a witness is assisting the police and is a victim of domestic violence. That sometimes happens. That should be included so that protection in such cases becomes a priority.

Clause 7 would make it an offence for people to assume judicial authority that they do not have. That would apply to community councils or groups of elders claiming to have legally enforceable powers and thus able to issue decisions of a discriminatory nature in defiance of the law.

Of course, all that is quite complicated, and many women who opt for a religious marriage do not realise that there will then not be protection under UK law unless they have a UK-registered marriage. The Bill is an attempt to deal with that by ensuring that there is a public duty to ensure that women are fully advised of their rights under UK law. We cannot continue to accept a situation in which women are suffering from forms of discrimination which we believed had been outlawed many years ago.

During discussion on the Bill, we have had the opportunity to meet women who have suffered from discrimination of the kind that the Bill is intended to eradicate. Many have had to cope with social and community problems and, often, domestic violence. They have often felt very alone. Fortunately, there are organisations that have been able to help such women. One such organisation is Southall Black Sisters, the organisation to which the noble Lord, Lord Carlile, has already referred. It supports women caught up in domestic or community pressure. It supports the Bill, although it thinks that it does not go far enough. It is concerned about the increasing pressure being exerted by many religious organisations which seek to intervene in family matters. It would like amendments to be introduced to the Arbitration Act 1996 so as not to allow any religious laws to be used in family matters. It also thinks that anyone seeking to arbitrate on family matters and using religious laws should be deemed to be committing a criminal offence, punishable with a fine or imprisonment. I have some sympathy with its point of view but have said that the Bill as it stands represents a very substantial step forward. There will be an opportunity in Committee or on Report for some of these views to be discussed.

During the discussion this afternoon I have received a message saying that the noble Baroness, Lady Flather, who had intended and very much wanted to participate in the debate, is unfortunately ill and unable to be here. I know that she would want me to say that she fully supports the Bill, which is in line with the campaign that she has been engaged upon all her life in support of vulnerable women, particularly those who are often not of a European background. She heartily hopes, as I, too, hope, that there will be support for the Bill from the House.