Overseas Operations (Service Personnel and Veterans) Bill: Bishop of Leeds raises concerns on prosecution limits

On 21st March 2021, the House of Lords debated amendments to the Overseas Operations (Service Personnel and Veterans) Bill. The Bishop of Leeds spoke in support of amendment 14, which would provide that the presumption against prosecution in the bill does not apply to war crimes, crimes against humanity, genocide or torture:

The Lord Bishop of Leeds: My Lords, I understand the stated rationale for this Bill and I state at the outset that I have enormous respect for the noble Baroness the Minister, but I am struggling. I am not a lawyer, but I would like to focus on a couple of specific questions. I understand the difficulty with vexatious and untimely litigation, which is a curse, but legitimate litigation, however inconvenient, is surely the blessing of a free and civilised society that honours international law and a rules-based system in more than words.

The basic reason why I speak in support of Amendment 14 is that I fear the law of predictable or conscious consequences more than the law of unintended consequences. I ask the Minister to explain clearly this anomaly, which I cannot get my head around: this Bill, as currently drafted, will make it possible for an incident of torture or murder not to be prosecuted while a sexual offence committed in the same incident would be subject to prosecution. That suggests to me either that the reference to sexual offences is arbitrary or that torture and crimes against humanity and so on should also be admitted in the same category.

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Domestic Abuse Bill: Bishop of Manchester presses Government on financial support for those fleeing domestic abuse

On 8th March 2021 the House of Lords considered amendments to the Government’s Domestic Abuse Bill at its Report Stage. The Bishop of Manchester had co-sponsored amendments with two other Peers, on exempting from the benefit cap for a year all those forced to claim benefits because of domestic abuse. The Government Minister responded to say that guidance would be strengthened to local authorities that those fleeing domestic abuse should be given priority in receiving discretionary housing payments. 
The Lord Bishop of Manchester [V]: My Lords, I thank the Minister for her response to this group of amendments, in particular to Amendments 72 and 102, to which I have added my name. I also thank her for her reassurance that local authorities will be given clear encouragement to prioritise the needs of domestic abuse victims, as the noble Lord, Lord Best, requested.
Can she ensure that national statistics on the number of such cases accepted and rejected in each year will be counted and made public?

Votes: Domestic Abuse Bill

On 8th March 2021 the House of Lords considered amendments to the Government’s Domestic Abuse Bill at its Report Stage.

Five bishops took part in a vote on an amendment from Baronesss Campbell of Surbiton on including carers or those with “personally connected lives” in the scope of the Bill to prevent abuse by a care giver. Continue reading “Votes: Domestic Abuse Bill”

Financial Services Bill: Bishop of St Albans tables amendment on regulation of financial advice

The Bishop of St Albans tabled his amendment 136 to the Financial Services Bill in Grand Committee on 3rd March 2021, and spoke in support of a further amendment on debt financing:

The Lord Bishop of St Albans [V]: My Lords, I shall speak to Amendment 136, which is in my name. I tabled the amendment because of concerns about the lower levels of responsibility placed on appointed representatives and the increased risk of poor financial advice that this poses.

The objective of the senior managers and certification regime to influence an individual’s behaviour by making them personally accountable to the regulator is one that I agree with and it was the correct response to the culture that had arisen in the City of London prior to the financial crash in 2008. I know that some Members of this House have criticised the application of the senior managers and certification regime, or lack of it, by the FCA, and I agree that it is worrying. However, I do not want to comment on the effectiveness of the SMCR but to remedy an anomaly that exists within the current framework.

The SMCR currently applies to directly regulated financial advisers, yet it does not extend to those who are appointed representatives. This anomaly means that, while a directly regulated adviser carries a personal responsibility for the quality of the advice they provide to their customer, no such responsibility is incumbent upon the adviser who is an appointed representative. This is despite the reality that a customer seeking financial advice is unlikely to know the difference between the two types of adviser and the possible effects that this might have on the quality of the advice they receive.

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Votes: Trade Bill

On 23rd February 2021, the House of Lords debated Commons Reasons and Amendments to the Trade Bill. A vote was held on an amendment to the bill, in which Bishops took part.

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Domestic Abuse Bill: Bishop of Gloucester supports amendment on statutory guidance on domestic abuse

On 10th February 2021, the Bishop of Gloucester spoke in support of an amendment to the Domestic Abuse Bill tabled by Baroness Lister which would require the statutory guidance in the bill to take into account the government’s Violence Against Women and Girls strategy:

The Lord Bishop of Gloucester: My Lords, I metaphorically rise to speak to Amendment 185. I am very grateful to the noble Baroness, Lady Lister, for outlining the issues so clearly. It is a real honour to follow the noble Baroness, Lady Hodgson, and I am delighted to have added my name to Amendment 185. I do not want to repeat what they have eloquently said already, all of which I agree with.

The UK is party to international treaties and conventions that make it clear that we must deliver a co-ordinated response and integrated measures to end violence against women and girls. Amendment 185, as we have heard, simply seeks to ensure good join-up: the statutory guidance issued alongside the Bill must be linked to any violence against women and girls framework.

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Counter-Terrorism and Sentencing Bill: Bishop of Manchester supports amendments on evidentiary standards

On 9th February 2021, the House of Lords debated the Counter-Terrorism and Sentencing Bill in committee. The Bishop of Manchester spoke in support of amendments on standards of proof and suspicion of guilt, raising issues of bias and risks of alienation:

The Lord Bishop of Manchester [V]: My Lords, I draw the Committee’s attention to my interest in criminal justice matters, specifically as chair of the Greater Manchester Police independent ethics committee, as set out in the register.

I am grateful to the noble and learned Lord, Lord Falconer, for tabling Amendment 28. I also note with interest Amendment 27 in the name of the noble Lord, Lord Anderson. His arguments are powerful, not least in distinguishing clearly between belief and a mere suspicion, a distinction which for me as a bishop lies at the heart of my day job.

As I indicated to your Lordships’ House in my maiden speech at Second Reading, this is a Bill that I welcome and support. My city of Manchester has all too recently suffered a terrorist attack that killed 22 innocent people and maimed and traumatised hundreds more. We remain deeply grateful for the support we received from members of this House, government Ministers and many others at that time and since.

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Votes: Covert Human Intelligence Sources (Criminal Conduct) Bill

On 9th February 2021, the House of Lord debated the Covert Human Intelligence Sources (Criminal Conduct) Bill. Votes were held on amendments to the bill, in which a Bishop took part:

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Domestic Abuse Bill: Bishop of London supports amendment on provision of medical letters for abuse victims

On 8th February 2021, during a debate on the Domestic Abuse Bill, the Bishop of London spoke in support of an amendment tabled by Lord Kennedy of Southwark which would aim to prevent GPs who had a contract with the NHS from charging victims of domestic abuse for letters confirming their injuries which they would need in order to seek legal aid:

The Lord Bishop of London [V]: My Lords, I add my voice to this amendment simply because it should go without saying that some things need to be penned into law for there to be consistent access to justice. Amendment 161 has been tabled because it prevents GPs charging survivors of domestic abuse for letters which confirm injuries they have suffered—evidence which survivors need for their legal aid applications. The case for this amendment has been extremely well made by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Bull. I agree with the statements they have made, so there is no need to add much to what has been said.

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Domestic Abuse Bill: Bishop of Gloucester tables amendment supporting migrant victims of domestic abuse

The Bishop of Gloucester tabled an amendment to the Domestic Abuse Bill aimed at safeguarding migrant victims of domestic abuse on 8th February 2021:

The Lord Bishop of Gloucester [V]: My Lords, I am again glad to speak in this Committee and draw attention to my interests in the register. It is a great honour to follow the noble Lord, Lord Rosser, and I thank him for his excellent speech.

Amendment 151, in my name, seeks to ensure that migrant victims of abuse have access to refuge spaces and essential support services, as with other victims of abuse. I thank all noble Lords, including the noble Lords, Lord Rosser and Lord Alton of Liverpool, and the noble Baroness, Lady Hamwee, who have added their names in support of this amendment.

The existing domestic violence rule, or DV rule, is a proven route for a limited group of survivors, including those on certain spousal or partner visas, ensuring that they are able to regularise their immigration status independent of their perpetrator, and can access public funds for a limited time while the application is considered. Since 2002, this has given migrant women a lifeline—an escape route out of abuse, removing the power from abusers who threaten detention, deportation, destitution and separation from children.

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