Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Civil Rights
Peta Buscombe (Conservative, Centre-right): My Lords, I speak in support of the noble Baroness, Lady Cox, and begin by paying tribute to her amazing record of courage and tenacity in confronting some of the most difficult issues in society, including and in particular the rights of women and equality of their rights under the law It is important that I repeat what the noble Baroness said concerning context. The amendment does not identify any specific faith tradition, yet it does have relevance for Muslim women who are adversely affected by the discriminatory rulings of sharia councils. The amendment seeks in principle to ensure that all women have access to full rights under the law to confront those many situations referenced so eloquently by the noble Baroness—situations which isolate and separate women and subject them to living in appalling circumstances here in the UK. We have been turning a blind eye to this discrimination for many years, even though the evidence is out there. This has been chiefly because we would be called racist or intolerant of different cultures. In fact, we have been acquiescing in the disrespect, outright abuse and denial of equal access to our rule of law and it is time to put that right In addition to the arguments put by the noble Baroness, I have two key points. The first relates to current inquiries into sharia law and the second concerns references to and comparisons with religions other than Islam. On the first, there are currently two inquiries, one of which is by the Home Affairs Select Committee. I have to ask: where has this committee been on this issue for the last 40-plus years? That we have more than 80 sharia councils across the UK meting out a system of justice that can choose to ignore our rule of law is extraordinary, although I assume that most MPs, if they are active in their constituencies, must have known and know what is going on, or at least have their suspicions, and yet have preferred to promote the rights of women in other parts of the world and in conflict zones. Why, when so much that is wrong is happening here in the UK? In contrast, in Pakistan, family law has been regulated according to its rule of law since 1960 and is not sharia-based. I ask my noble friend the Minister: how many sharia councils exist across Europe? I am told none, so can my noble friend confirm that there are no other sharia councils across Europe other than here in the UK? It would be helpful to have that confirmed. The second inquiry, referred to as a review of sharia councils, launched by the Home Office, while welcome in principle as a step forward, has drawn criticism from various quarters, including Muslim women, mainly on the grounds that its focus is upon the application of sharia law and is seeking examples of "best practice". In other words, its focus is on how sharia is applied and how that application might be incompatible with our public law, not whether sharia itself is incompatible with our public law—a subtle-sounding but fundamental difference. In essence, by accepting sharia law in principle, we are and have been accepting that one body of people living in the UK may ignore the rule of law where it believes it conflicts with its views and beliefs, particularly with regard to the treatment of women. I am not quite sure why we need this review to work that simple fact out In addition, there is genuine concern about the make-up of the review panel. Why, it is asked, are there two Muslim religious advisers and no non-Muslim expert on Islam, nor experts on human rights? It is interesting to note that the chairman of the inquiry, a Muslim academic, Mona Siddiqui, makes the following clear in her book My Way: "For a lot of women from Islam even just making their voice heard is a big jihad"— meaning struggle— "It means they’ve gone against so many moral codes" This recognition of the difficulty among Muslims of speaking out gives me hope that evidence to the inquiry will not just be accepted at face value. However, I am less encouraged by Ms Siddiqui’s admission that if she had had any daughters, she would have been more conservative with them than she is with her sons. That is a worrying bias I hope my noble friend the Minister will not feel constrained in her response to the amendment by deferring to either of the inquiries, particularly given that, while the latter was announced in May of this year, for some extraordinary reason it is not due to complete its deliberations until next year My second key point in support of the amendment relates to the often-used erroneous references to other religious practices when seeking to defend the existence of sharia councils, in particular Beth Din. Jewish couples who wish to complement a civil marriage with a religious one, or couples undergoing a civil divorce who wish to complement this with a Jewish law divorce, can ask Beth Din to oversee this. I have been assured by several experts that in neither circumstance can Beth Din override our public law. I understand that the same applies for the Quaker religion and Quaker ceremonies, in that all religious ceremonies must be ratified by our public law. Anything else is subordinate and any arbitral awards remain subject to English law In her otherwise excellent article in the Evening Standard on 3 November, Rosamund Urwin, in highlighting this issue, said of sharia law that its rulings, "are sometimes at odds with the spirit of British law" With respect, I beg to differ: sharia law breaks our law Take the existence here of polygamy, to which the noble Baroness, Lady Cox, referred. If my husband, who happens to be a Christian, committed bigamy—never mind polygamy—he would be in prison. What are we doing allowing this absurd situation to continue here in the United Kingdom? How can we have the nerve to try to tell others across the world how to live their lives when we let these illegal, disgraceful practices happen here? We are, in effect, legitimising violence against women This important amendment is about equal rights and equal treatment under the law—our rule of law. There is absolutely no point in talking about, or spending yet more taxpayers’ money on, efforts and projects to improve integration, social cohesion or social mobility. It will not happen as long as we stand by and allow these practices that subjugate women’s rights to continue.