Arbitration and Mediation Services (Equality) Bill [HL]

Lord Eden of Winton Excerpts

Friday 19th October 2012 Lords Chamber

[Lord Eden of Winton]

My Lords, I congratulate the noble Baroness, Lady Cox, on her eloquent and well informed speech, and I thank her for introducing the Bill and for all the hard work that I know preceded it. The noble Baroness is a redoubtable and fearless campaigner. For many years, she has worked tirelessly to alleviate the suffering of oppressed people, many of whom, in far away places, are the victims of despotism, discrimination and prejudice. Without her persistent efforts, it is certain that their yearning for a peaceful existence would never have been acknowledged. The noble Baroness has shone a light into some of the world’s darkest places. People crying out for help have found in her a determined and committed champion.

The plight of women in male-dominated societies is of particular concern to her. There are practices enforced in this country which deprive women of fair, let alone equal, treatment. Sharia courts actively discriminate against women, especially in matters affecting family relationships. Their rulings in such cases are directly contrary to the laws of this land. They deny equality of treatment for women and it is near impossible for the injured party to obtain redress though our civil courts.

In the United Kingdom, we rightly pride ourselves on being tolerant and generous towards people of other cultures whose faith may differ from our own. But we must guard against the encroachment of practices hostile to basic concepts of British justice. We might take note—careful note—of the current debate in Egypt, where attempts are being made to agree a new constitution. In today’s International Herald Tribune, Roger Cohen, writing from Cairo, reports on the conflict there between liberals and Islamists. A new draft article states:

“The state shall take all measures to establish the equality of women and men in the areas of political, cultural, economic and social life, as well as all other areas, insofar as this does not conflict with the rulings of Islamic Shariah”.

As Roger Cohen puts it:

“The phrase ‘rulings of Islamic Shariah,’ offers no wiggle room. It contradicts the provision elsewhere in the draft constitution that, ‘All citizens are equal before the law, equal in their rights and public duties, there shall be no discrimination between them on grounds of sex’”.

In Egypt, the ultra-conservatives are making a strong bid to outmanoeuvre and overturn the moderates. We must be vigilant to be certain that nothing similar could happen here. It needs to be stated firmly that attempts to impose on British citizens—of whatever faith—a set of rules that run counter to the laws of this land are wrong. Parallel courts are unacceptable. For all our citizens we must be alert and active in protecting and preserving the very foundation of our civilisation—namely, equality of treatment under the law. It is to that end that the Bill is dedicated. I hope that it gets a favourable wind to carry it forward to the statute book.