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I endorse wholeheartedly the opening remarks of the noble Baroness, Lady Park, that we should not stand by passively with a well intentioned, but misplaced, sentiment that permits those from certain minority cultures to be disadvantaged. Yes, we should protect their rights, but should we not also do more? Schemes such as the Asian Women of Achievement, and the statistics showing the high representation of non-white women in science, show how traditional culture and values can, after all, synergise with our current society to their mutual benefit. Inevitably, there is currently just not enough money to level the playing field. Surely it is time for the Government to make a far more substantial investment in ensuring that all UK citizens, irrespective of race or gender, have an equal chance in making the most effective contribution—be it scientific or otherwise—to creating a society where there is not only an absence of fear and repression, but the active happiness of individual achievement.
3.12 pm
Baroness Thomas of Walliswood: My Lords, I apologise to the noble Baroness, Lady Park, for my late arrival; I had a crisis in locating both copies of my speech. I was rescued, not for the first time, by my noble friend Lord Addington and now have a copy. I congratulate the noble Baroness on her speech in introducing this debate. It is seldom that I can say this, but I do not think the noble Baroness said a single word with which I disagreed. Her speech was humane, wide in its approach, generous, and an example to us all.
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When I started to think about this debate, I remembered that the British are frequently accused today of not respecting the customs of others during the period of empire. I have no objection to inward migration into this country and I do not believe that we could prevent it even if we tried. This is a restless period, when people seek to move to improve their future prospects, and easy means of travelling long distances are available. Those who come to live among us may be prompted by understandable ambitions and dreams but, equally, they will need to learn what is and is not acceptable behaviour in this country. In this respect, the Government have a duty to defend the lives of those they have allowed to live here, just as they have a duty, in this respect, to British citizens. This duty is one of the most basic elements of the unwritten contract between people and authority.
In this context, the well documented cases of young women from Muslim households who are forced into marriage, threatened, or even killed, by family members for the “honour” of their families, are a reproach to our society, as well as to the families involved. I appreciate that honour killing is not a defined crime, but we have to take on board the obvious fact that women are nowhere more vulnerable than behind locked doors in their own homes. Are the Government considering changing the criminal law in response to the special needs of all women trapped in violent marriages, irrespective of the origin and cultural attitudes of victims and their family members?
The report of the Muslim Arbitration Tribunal, Liberation from Forced Marriages, provides useful enlightenment on the differences between Islamic law and various cultural attitudes with respect to marriage. The report clearly differentiates between true Islamic law with respect to marriage and the illegality of forced, as opposed to arranged, marriage. The report provides an interesting and precise description of the various procedures that can lead to a marriage supported by Muslim law and those that are not so supported. Coerced marriages—whether by emotional blackmail, threats of disinheritance or insistence that the marriage goes ahead for the honour of the family—are not accepted. It is interesting that the tribunal’s report concludes that in more than 70 per cent of all marriages between an English spouse and one from another country there is an element of force or coercion before the marriage takes place.
The report further notes that in the immigration procedures for the foreign spouse, there is no obligation for the immigration officer to check the character of the marriage that is the basis for entry into the UK for the foreign spouse. Once the initial two-year period of residence is over, and the couple are reinterviewed by the Home Office, it will be too late to detect the false character of the marriage between the two people. The foreign national may also be forced into silence because the well-being of the family at his or her home of origin depends on the continuance of the family links in the UK. The MAT recommends a new immigration process to deal with incoming spouses that depends in part on the British citizen providing a voluntary submission to the MAT judges that the marriage he or she has entered into was not forced or coerced. That would result in a written declaration from the judges
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Another useful source is the recent report of the Home Affairs Committee of the House of Commons. I shall mention two of many witness statements: those from the Iranian and Kurdish Women's Rights Organisation and from the Southall Black Sisters. In its evidence, IKWRO describes what it calls “so-called family “honour” as,
and “honour” killing as being,
It goes on to refer to the organised nature of so-called “honour” killings, as involving,
It is difficult to think of two more damning phrases than those. That is strong language indeed, but does the Minister appreciate that there are important issues of humans rights involved? What, if anything, do the Government feel can be done about these events, which are a real blot on the UK's reputation in this respect?
The evidence from the Southall Black Sisters points again to the no recourse system, by which abused spouses recently arrived in this country cannot obtain any funding if they have to flee the family home. I recently received a reply from Mr Vernon Coaker to a letter of mine on this matter in which he seems to be trying to do his best to improve the situation, but the progress he told me about seems to depend on the victim having already succeeded in obtaining indefinite leave to remain. Have I missed the point somewhere? Can the Minister give me any reassurance on this point? I doubt whether many people would think that immigration status should determine the life of a young woman who may have been brought into this country more or less by force and who has no place to go for shelter because she knows nobody but her spouse’s family in this country.
The recommendations of the House of Commons report amount to 111 paragraphs spread over 16 pages of single-spaced lines. It is impossible to refer to them all, or even any of them, in real detail, but I was struck by the emphasis placed on the collection and reporting of domestic violence data across all government departments on a comparable basis and on publishing those data. That seems to be an important first step in getting a handle on the size and importance of this issue.
A concern was expressed by witnesses to the Home Affairs Committee that police staff sometimes think that reports brought to them by victims are simply not
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A third series of recommendations concentrated on the need for an information campaign, including specific information on honour-based killing and forced marriage. The report also contains recommendations on the need for better education in schools, not just about forced marriage as such but on sex and relationships in general. Clearly these subjects are of immense importance to young people. Some victims have found immense support within their school. With an increasing level of violence among young people in intimate relationships, to which the right reverend Prelate the Bishop of Ripon and Leeds referred, such teaching could have benefits for the wider school population whatever their religion. Does the Minister recognise the role that education could play in tackling these problems? Will commitment be given to trying to find an acceptable way of promoting such education in schools?
This is an enormous subject which impinges on our consciences—or should do so. It must be a matter of satisfaction that real efforts are being made to understand and tackle the problems we have been discussing. I am sure we will be returning to it on other occasions. Meanwhile I look forward to the Minister’s response.
3.21 pm
Baroness Verma: My Lords, I too add my congratulations to my noble friend Lady Park of Monmouth for securing this important debate. I know of her deep passion and commitment in ensuring that this debate remains at the heart of our public debate here. It neatly follows on from the previous debate. My noble friend has raised a number of serious questions and I look forward to the Minister’s response. I will pick up on some of the points already raised by my noble friend and other noble Lords.
We are aware that each year children, predominantly girls from south Asian families, are taken out of education in the context of a family holiday or similar, and then disappear from the system. While everyone recognises that there is a problem, there still appears a great reluctance on the part of local authorities and other agencies to intervene, or to be proactive in seeking out these young people. I will listen with great interest to the Minister’s comments on what the Government are doing to ensure that their guidelines are being properly followed. They must recognise the need to ensure that while we respect cultural sensitivities, it must not be at the expense of young people reliant on those agencies to protect them.
I start by addressing forced marriage. As has been recognised by this House, and as required by the Forced Marriage (Civil Protection) Act 2007, we must distinguish between arranged marriages and forced marriages. The former are accepted and often successful cultural practices where both partners willingly consent. In contrast, forced marriages are an unjustified and unacceptable human rights violation. Physical and emotional abuse remain at the heart of coercion. Often young people find themselves in places where they are alone and friendless. Submission is usually
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Let me quote from Shakespeare’s “Romeo and Juliet”:
From off the battlements of yonder tower”.Forced marriage is an age-old phenomenon. While it is uncommon among many cultures, sadly it remains high in others. Statistics from the Forced Marriage Unit highlight that 15 per cent of the 400 cases a year they deal with involve young men. The ages of victims range from as young as 13 to adulthood. Their family backgrounds range from African and European to Asian descent.
I wish to highlight the practical problems associated with tackling forced marriage. The work of the Forced Marriage Unit is to be commended since its success in helping those who have been through this ordeal is tremendous. However, it must be noted that on top of the 400 cases a year which the Forced Marriage Unit deals with, those at Southall Black Sisters state that they see another 150 extra cases a year.
Southall Black Sisters provides phenomenal support within the heart of the community and it would be devastating to see its funding cut, as was suggested to me recently by a friend. More alarmingly, Dr Nazia Khanum, OBE, in her research into the prevalence of this problem within the UK, estimated that there are, in fact, 3,000 cases of forced marriage a year. Why is there such a disparity between the 400 cases reported to the FMU and the estimate given in Dr Khanum’s report? It seems that the gap is led by fear: fear on the part of the victim who does not know to whom or how to report their concerns and fear on the part of public bodies to get involved. For that reason, to ensure that the Forced Marriage Act is effective in protecting both existing and potential victims, I urge that the guidelines to professionals on dealing with the issue are rigorously enforced and monitored.
How will the Minister monitor whether appropriate mandatory training for police officers, social workers, health workers and teachers is taking place? As I am sure he will agree, only that will ensure that the victims will feel competent to deal confidently with the problem, and it will also increase the victim’s faith in the system. The role of teachers in ensuring the success of the Act is vital, especially for the 12 to 18 year-olds, where the problem is most prevalent. If teachers are trained to recognise the warning signs of a forthcoming forced marriage or a removal from education, their ability to approach a child may overcome a child's fear of reporting their concerns. Training must be enforced, not only on recognition of the problem, but in discussing issues sensitively and competently, and on the procedure to follow and find support. Schools and colleges already have posters that they can put up, but some head teachers are reluctant in case they cause offence to local communities. We must take the issue as seriously as that of child protection. Will the Minister reassure noble Lords that schools and colleges which report young people not returning from long absences will be taken seriously and will he ensure that thorough
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In reference to points made by my noble friend, education and its availability to provide a basis on which young people of all backgrounds can learn of the history and cultural values of the country in which they reside is important. They can then relate to the difficulties that they face when they undergo the onslaught of cultural responsibilities from the culture into which they are born.
The second issue is female genital mutilation, which has recently been discussed at length in the House. I do not wish to repeat the ways in which genital mutilation can occur as the noble Baroness, Lady Rendell, has expressed it with much greater knowledge than I could ever possibly do. It is a horrific custom—a vile procedure. It is carried out on girls who are mainly between the ages of four and 10 and the lasting trauma impacts on their innocent lives for the rest of their lives. The World Health Organisation outlined the four ways in which it may occur, and each one is more barbaric than the last. I urge all noble Lords to go on to the website and read the foul, vile, obscene violation of young girls’ lives. Whatever reasons are used to justify the practice of mutilation of female genitalia, it is a criminal offence and the utmost protection to potential and existing victims must be provided. Forward UK estimates that 279,500 women currently residing in England and Wales are likely to have undergone FGM, while 22,000 children under the age of 15 are likely to be at risk of undergoing the procedure. Yet despite these staggering numbers, this House has noted that not one prosecution has occurred under the Female Genital Mutilation Act 2003. It is obviously a sensitive and difficult subject and the role of health professionals is vital to prevent the continuation of this abuse of human rights. The noble Baroness, Lady Thornton, has stated:
“When FGM comes to the attention of any professional, consideration needs to be given to any child protection implications ... and a referral made to social services or the police if appropriate”.—[Official Report, 5/6/08; col. 260.]
Are there any statistics evidencing that disclosures have been made or that information has been followed through? As with forced marriage, I highlight the need for clear guidance in order to protect vulnerable individuals from practices that cannot be justified by cultural context. No doubt these issues will be discussed many times over—that is right. Those who have the protection of our legal system must always be assured that when they feel voiceless, there will be many fighting hard for the rights that they should enjoy, regardless of what community they belong to. We must make it clear to those who support these practices that they have nowhere to hide.
I had an arranged marriage nearly 31 years ago. My husband won me over with Crunchie bars and fruit cake. There are many successful stories, but some, unfortunately, are heartbreaking; of young people married against their will and of communities building walls of silence or colluding with parents to unleash vile measures in order to sustain and maintain these cultural practices. I belong to a community that still prefers boys to girls; where different standards apply depending on whether you are a boy or a girl; and where, in the name of
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I understand the reasoning behind proposals in the Education and Skills Bill to make education or training compulsory to the age of 18, but I urge noble Lords to look closely at the unintended consequences that may arise. I hope that we do not see children going absent from education at an even earlier age.
While I had an arranged marriage, my children would find it very difficult to accept that concept. It is fortunate that we live in a country that upholds and supports the decision to choose. Therefore I would be very wary of the slow creep of Sharia law into our legal system. I support the right to uphold one’s culture, but it must be done within the boundaries of the British legal system, where one law applies to all, regardless of religion, gender, ethnicity or social background. The noble Baroness, Lady Cox, is absolutely right to point that out. We have a twin-track system developing in this country. It is crucial that all citizens speak English so that they can confidently access the rights and protections that all citizens of this country deserve. I have spent all but nine months of my life in this country. I fear that after some movement forward, there is now a lot of movement backwards. I have fought very hard to highlight the rights of women, particularly from my community. It is a long battle that will need the support and help of your Lordships’ House.
3.34 pm
Lord Bassam of Brighton: My Lords, it is with some trepidation that I step into this debate as the Minister. I have listened to seven strong-minded and powerful women debate issues that are particularly challenging for us—I also pay tribute to the right reverend Prelate the Bishop of Ripon and Leeds. I shall not go any further on that one. My point is that the women who have spoken have all brought unique contributions to your Lordships’ House and spoken powerfully and with passion on issues that are sensitive to our culture and the nature of our multicultural society.
I was particularly impressed, as I always am, by the noble Baroness, Lady Park, and her well balanced speech, touching as it did on the need for respect for diverse cultures but warning us of the passive acceptance of some aspects of Sharia law in particular into our culture and the dangers of ignoring the adverse consequences of that. Her warning was extremely important, particularly when she drew attention to the part that some aspects of Sharia law can play in justifying cultural practices that, as we have heard this afternoon, can have an absolutely appalling impact, particularly on women.
I very much welcome the debate, because it enables me on behalf of the Government to set the record straight on a number of issues. I listened with tremendous interest to the words of the noble Baroness, Lady Greenfield, who spoke from the perspective of a woman scientist. The understanding of the noble Baroness,
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I make it clear to noble Lords that, in this country, the rule of law has absolute primacy. While we respect other cultures and greatly value the diversity of the many different people who live and work in this country, that respect should in no way infringe the rights of UK citizens to full protection under UK law. The rule of law is more than just the sum total of national and international law. As the former Attorney-General, the noble and learned Lord, Lord Goldsmith, said,
- “it is not simply about rule by law ... it ... comprehends some statement of values which are universal and ought to be respected as the basis of a free society ... there are some rights so fundamental that there can be no compromise on them”.
I absolutely agree. As this debate has made clear, those values may occasionally conflict with values of other cultures. The heritage of certain cultures gives rise to challenges in ensuring that the rule of law in this country is respected and upheld. However, the Government have the necessary tools in place to address these challenges. I will set out the challenges in turn, because they need to be dealt with full on.
This is plainly a timely debate in relation to forced marriage, given the publication of the report by the Home Affairs Committee of the other place, Domestic Violence, Forced Marriage and “Honour”-Based Violence. The Government have welcomed the committee’s report and we will respond fully in due course. We particularly welcome the acknowledgement in the report that significant steps have been taken to tackle these issues.
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