My Lords, I will speak to Amendments 3, 5, 168, 169 and 170. I congratulate my noble friend Lady Altmann on her excellent introduction. I am delighted that my Government are putting forward this Bill and its attempt to provide as comprehensive as possible a set of arrangements relating to domestic abuse; it has my strong support. I am particularly grateful to the Ministers, my noble friends Lady Williams of Trafford and Lord Wolfson of Tredegar, for their willingness to engage.
To be clear, as my noble friend Lady Altmann said, the majority of cases of Jewish divorce are completed without too much difficulty; in the Orthodox community, they are handled by a beth din, and the judges—or dayanim—of the beth din ensure that all provisions of Jewish law are fully and appropriately adhered to. However, there are far too many cases where a man with ill intent can frustrate the process with potentially devastating ramifications for his spouse and, of course, his children. These amendments are clearly being proposed to ensure that victims of domestic abuse or coercive behaviour have full access to the provisions of the Bill. The amendments do not reduce the court’s existing ability to allow the religious courts to apply halacha—Jewish law—or, in particular, the provisions of the Divorce (Religious Marriages) Act 2002, which had the support of Lord Jakobovits, Lord Sacks and the London Beth Din.
As a practising member of the modern orthodox community, let me be absolutely clear: I am not remotely qualified to make statements on behalf of anyone, and certainly not on behalf of the beth din. However, I acknowledge that the beth din of the United Synagogue should be commended on the efforts it has made to limit the number of agunot—chained women. It has recently and rightly taken out adverts in the Jewish press that name and shame Jewish men who have refused to give a get, but sadly there is still so much more to do. However, these are overriding matters for the religious authorities and they should continue their own deliberations, although I believe that there may be scope for the Minister, my noble friend Lord Wolfson, to explore potential opportunities with the beth din going forward.
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While the amendments do not create any new provisions that currently cannot be exercised through existing legislation, it can be argued that the reasons for adding these measures to the Bill are that they will make access to its provisions easier and more timely, thus potentially reducing the cost burden, while the agunah—the chained woman—can more speedily gain the ability to remarry or to lead a normal life without the stigma associated with her position. In addition, these women can access sources of support that will be made available by this important Bill.
I therefore ask my noble friend the Minister to consider supporting these amendments. They are specific, limited in scope and, as has been said, should not set precedents that relate to any other form of religious marriage or divorce in other religious traditions. I urge my noble friend the Minister to confirm that the Government are willing to engage with the proposers and supporters of these amendments to ensure that such important measures can be addressed, at the very least, in the statutory guidance.