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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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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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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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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National Security and Investments Bill: Bishop of St Albans welcomes legislation

On 4th February 2021, the Bishop of St Albans spoke at the second reading of the National Security and Investments Bill, welcoming the bill while highlighting the need for clarity on issues of emerging technology and industrial engagement:

The Lord Bishop of St Albans: My Lords, I too welcome the Bill and congratulate Her Majesty’s Government on bringing it forward.

At the beginning of each day this House sits, our prayers recognise the delicate balancing act we have to perform. On the one hand, our precious democracy depends on the public wealth, peace and tranquillity of the realm. It is this social capital, this trust, this commitment to the common good, which sets people free to go about their business and allows for innovation, trade and wealth creation. This is fundamental to all we do. On the other hand, our prayers acknowledge that sometimes malign forces at work will look for opportunities to take advantage of us, and we cannot ignore, as the prayers put it, the enemies of the state, which we pray will be vanquished and overcome.

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Domestic Abuse Bill: Bishop of Gloucester supports amendments on protection for victims of modern slavery and domestic violence in the criminal justice system

On 3rd February 2021, the Bishop of Gloucester spoke in support of amendments to the Domestic Abuse Bill which would aim to provide protection for victims of domestic violence and modern slavery under self-defence law:

The Lord Bishop of Gloucester [V]: My Lords, I will speak to Amendments 139 and 140, to which I have added my name. I draw attention to my interests set out in the register. It is an immense privilege to support the noble Baroness, Lady Kennedy; I am grateful for her immense wisdom, knowledge and experience. I am also grateful to the noble Baroness, Lady Hamwee, for her excellent and candid laying out of the issues. It is a privilege to follow her.

In my role as Anglican bishop for women’s prisons and my recent appointment as Anglican bishop for the whole prison estate in England and Wales, I have made prison visits and spoken with prisoners, volunteers and staff, including governors and chaplains. As president of the Nelson Trust, I have heard first-hand the positive impact of trauma-informed practice in its excellent work with women serving their sentences in the community and women leaving prison.

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Domestic Abuse Bill: Bishop of London sponsors amendment on non-fatal strangulation

The Bishop of London spoke during a debate on the Domestic Abuse Bill on 3rd February 2021, supporting an amendment which would define the act of non-fatal strangulation in a domestic abuse context as an indictable offence and calling for a modernised response to domestic violence cases:

The Lord Bishop of London: My Lords, I thank noble Lords who have preceded me and those who will follow. I also thank the steady campaigners, researchers and wider members of civil society for their tenacity in bringing the issue of non-fatal strangulation to the forefront of the Bill. It is something so nuanced that, if addressed, it has the potential to change the trajectory of women’s lives post strangulation.

Researchers, lobbyists and specialist organisations alike have spent significant proportions of their lives trying to highlight the one thing that we all know to be true: that there is almost always more than meets the eye. That said, I am delighted to have heard that the Government are committed to addressing this issue, and it is good to have heard so many noble Lords speak in favour of the amendment at Second Reading and today.

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Domestic Abuse Bill: Bishop of London supports amendments on protections for migrant victims of domestic abuse

The Bishop of London spoke in support of amendments to the Domestic Abuse Bill intended to safeguard the data of migrant victims of domestic violence against use for immigration control on 1st February 2021:

The Lord Bishop of London [V]: My Lords, I add my voice to those of noble Lords who have welcomed this Bill. I thank the Minister for all her work in this area. As other noble Lords have already said, this is a once-in-a-generation opportunity to address the crime of domestic abuse, which affects more than 2 million people a year in the United Kingdom. However, the Bill continues to overlook one of the most vulnerable groups affected by this form of violence against women and girls—migrant women. I too will address Amendment 154, which calls for the Secretary of State to ensure that the personal data of victims of domestic abuse in the UK is processed only for the purpose of that person requesting or receiving support or assistance relating to domestic abuse, not for immigration control.

Government policy is clear that victims of crime should be treated without discrimination. Therefore, the separation of immigration enforcement and protection of domestic abuse victims who are migrant women must be delineated. Failure to do this puts migrant women at risk of a double jeopardy of danger from their abuser and fear of deportation. As has already been highlighted, the Istanbul convention, the landmark international treaty on violence against women and girls, which the Government have signed and are committed to ratifying, requires in Articles 5 and 59 that victims are protected regardless of their immigration status.

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