Arbitration and Mediation Services (Equality) Bill [HL]

Lord Green of Deddington Excerpts

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

[Lord Green of Deddington (CB)]

My Lords, I too pay tribute to the courage and determination of my noble friend Lady Cox. Not being as brave as the noble Lord, Lord Cormack, I would not dare to imply that she is awkward, but there is no doubt whatever that she has been absolutely tireless in bringing the suffering of Muslim women in Britain to the attention of the public.

As one who has lived for many years in Muslim countries, I have every respect for devout individual Muslims. That said, it is surely fundamental that there can be only one law in this country, and furthermore, that institutions operating in Britain should do so in accordance with the rights that people can expect in this country, be they men or women—that is, there must be equality under the law.

The problem in this instance is the growing body of evidence that arbitration by sharia courts in practice discriminates against women in a manner that is frankly unacceptable in British society. That makes it all the more important that any such mediation should be voluntary and not the result of family or community pressure. The strength of those pressures is rather hard to imagine for those of us who belong to the majority community, but it is very clear to anyone who has lived in a Muslim country and seen the way in which women are obliged by pressures of family and tradition to fall in behind their men. The noble and learned Lord, Lord Mackay of Clashfern, was therefore exactly right to focus on the voluntary nature of any such mediation.

The draft Bill before us tackles these issues in an intelligent and targeted way. It does not interfere with the legitimate mediation services, which are already bound by equality legislation, nor does it interfere with the internal theological affairs of any religious group. However, it addresses a lacuna in our law which, in practice, permits discrimination against women in a manner that is unacceptable, as I have said. Indeed, as the noble Lord, Lord Carlile, has just said, we have reached the point when it is time to intervene.

Finally, I was going to draw attention, as the noble Lord, Lord Anderson, has, to the actions of the President of Egypt, a Muslim country, who has said that there must be an end to oral divorces which have been permitted. I find it deeply ironic that the President of a Muslim state feels able to take decisive action to remedy a clear injustice when our own Government apparently will not. I hope the Minister will prove me wrong.