Bideford Town Council hasn't a prayer
The High Court has ruled that local councils can't have prayers on the agenda.
By Nelson Jones Published 10 February 2012 13:42
The National Secular Society has won a Judicial Review against Bideford Town Council's practice of holding prayers as part of its formal proceedings. Mr Justice Ouseley, leading judge of the Administrative Division of the High Court, today ruled that the 1972 Local Government Act did not give councils the power to introduce a religious dimension to their meetings.
The judge didn't decide that having to sit through prayers amounted to a breach of atheist councillors' human rights, as the NSS had argued, or to unlawful discrimination. A crucial part of his reasoning was that because the prayers were optional -- any councillor who objected was free to leave -- they couldn't be considered an integral part of council business. In that sense it was a very technical ruling. But he did suggest that it might impose unacceptable "burdens" on some representatives, marking them out or excluding them from their role as "equally elected councillors".
"Still, a win is a win" was the instant reaction from Dr Evan Harris, the former Lib Dem MP and secularist campaigner. Keith Porteous Wood, Executive Director of the National Secular Society, was perhaps more effusive. "Acts of worship in council meetings are key to the separation of religion from politics," he said, "So we're very pleased with the judgement, and the clear secular message it sends."
As for the Christian Institute, the evangelical pressure-group that had backed Bideford Council, its spokesman Simon Calvert called the ruling "extraordinary" and wondered if councils were now also banned from beginning council meetings with the national anthem or offering congratulations to the Queen on the occasion of her Diamond Jubilee.
The decision has also been attacked on Twitter by local government minister Eric Pickles. He suggested that "the right to worship is a fundamental and hard fought British liberty" (but then what of the right not to worship?). More intriguingly, he claimed that under the new Localism Act, which comes into force today, councils have a power of general competence: "Logically this includes ability to pray before meetings."
So it's far from over yet.
In the key passage highlighted by the NSS in its initial response to the ruling, Mr Justice Ouseley declared:
I do not think the 1972 Act [...] should be interpreted as permitting the religious views of one group of councillors, however sincere or large in number, to exclude, or even to a modest extent, to impose burdens on or even to mark out those who do not share their views and do not wish to participate in their expression of them. They are all equally elected councillors.
For around seventy years it has been the practice -- regular if not strictly adhered to or laid down in any regulation -- for the mayor to invite prayers to be said before council meetings in Bideford. The current row has been going on since Clive Bone, who brought the complaint with the aid of the National Secular Society, was elected to the council in 2007. The judicial review was brought last year despite the fact that Bone was no longer a councillor. His departure was, it seems, at least partly due to his unhappiness over the prayer issue and the poisonous atmosphere the row had created.
In November 2008, the Standards Board for England rejected an earlier complaint by Devon humanists. The board did "not think that for a council to have prayers is a breach of any of the relevant equality legislation". It added that "It is a decision for the council how it conducts its business and any change to that needs to be addressed by changing the governance arrangements with the consent of the majority of the council."
The following year the new mayor, Andy Powell, declined to appoint a chaplain and replaced the pre-meeting prayers with a period of silence which he described as "a mutual solution to the subject of religion in our chambers." But the prayers were later restored, prompting the legal action. The current practice is for the mayor to invite a local cleric to say a prayer at the start of meetings. Occasionally, a local representative of the Quakers leads a "moment of reflection" instead. Sometimes the mayor calls for a minute's silence instead of prayers.
Since it was based on the fairly narrow grounds of the Local Government Act, the case is unlikely to have the wide-ranging application that some have suggested. It does not threaten daily prayers in the House of Commons, for example: Parliament is not subject to the provisions of the Local Government Act. Nor will it prevent councillors' involvement in remembrance or Christmas carol services. Even the NSS says it has no objection to prayers being said before council meetings (though how long before remains a moot point). The point being contested was, arguably, a fairly trivial one: whether prayers could be an item on the formal council agenda. Trevor Phillips dismissed the case as "nonsense on stilts". But on such narrow points great questions of principle sometimes hang.
The most obvious outcome of today's ruling is that the understanding of the law set out in the Standards Board's response to the earlier complaint must be revised. Defending the NSS's decision to bring the case, despite the wish of a majority of local councillors to have prayers at their meetings, Keith Porteous Wood declared that "the law is not made in Bideford". But it would seem that the law has indeed been made in Bideford, at least pending a probably inevitable appeal.
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42 comments
If Prayers are an included in the Agenda then Councilors are being summoned to prayer therefore the judgement is correct. Being a Muslim on a predominantly Christian council??.. wouldnt work and the same in reverse.
Prayers before a meeting is called to order? by all means,by invitation, not summons
The talk today in the more wishful thinking corners of cyberspace is that the Government will legislate to give councils the power to hold prayers if they want to. Dream on. The last time that the Conservative Party was in office, it legalised abortion up to birth, legalised destructive experimentation on embryonic human beings, made divorce legally easier than release from a car hire contract, abolished most of the restrictions protecting lowly shop workers from having to work seven-day weeks, tried to abolish them all, attempted to abolish the restrictions in relation to 25th December, had to be stopped by a Labour-led alliance of peers from removing Christian collective worship and Religious Education from state schools (do "free" schools have to have them?), and devastated the economic base of paternal authority in secure, high-waged, high-skilled, high-status employment.
Since praying in council chambers has graciously been kept legal, local churches should make it their business to hold prayer meetings in or immediately outside them before every council meeting, with councillors expressly invited to attend.
How does Mr Justice Ouseley propose to enforce his judgment? Will he summon the secular society thought police to attend Bideford Town Council meetings in future with their truncheons drawn, to ensure that the members do not have religious thoughts? Will they not need a warrant from the magistrates to enter the Council Chamber without the invitation of the Chairman? Judges should not make orders that they cannot enforce.
@Peter - these men are councillors, so we are operating under the assumption that they shouldn't be taken seriously anyway.
@Luddite - congratulations on Godwinning the blog comments! Hitler did detest religion, but it had nothing to do with atheism (he had a weird pseudo-pagan religious belief), he wanted to replace a belief in god with a belief in himself. Also, he wasn't a socialist (your own hatred for socialists doesn't effect this historical fact). Stalin and Mao were, but not Mr Hitler, he was far-right.
@Michael - "Mr Justice Ouseley has used a phoney legal argument to ban not prayers but putting prayers on the agenda - usually before the Mayor has sat down so not part of the actual meeting."
If that is true then this isn't a bad thing. The councillors involved should absolutely have their rights to be religious defended. But putting prayers on the agenda, actually compelling atheists or other religious people there to partake (or feel ostracized) is equally unacceptable.
The question comes down to one of professionalism on the part of the councillors. If they were behaving in good faith (if you'll pardon the phrase) with regard to their duties as politicians then I don't see what the fuss is about. If they were putting praying on the list of stuff to do during business hours or making atheist/pagans/buddhists/whateverists feel awkward about working then that is quite simply unacceptable.
But this is a matter of human resources and discipline in the workplace. I don't see why the NSS is going on about human rights.
The High Court Judge Mr Justice Ouseley has acted in Bad Faith, Since Section 11 (a) (b) of the Human Rights Act 1998, Section 2 (1) The European Communities Act 1972 and The Limitation Act 1980 Deliberate Concealment,Mistake or Omission had been argued on the 25th October 2000 before than Mr Justice Scot Baker at the Directions hearing when the Human Rights Act 1998 had come into force in the Month of October.
The Family Law Act 1986 Part 3 is also a Parliament Act.
The High Court Judge is in Contempt of the Sovereign and the Parliament Acts, as I am a person of the Muslim Religion, whilst I am not against the Christian or Jewish or any other group of Persons.
There are Satanic Judges and Court Officers in the United Kingdom who needs to be replaced as soon as possible that other persons should not suffer injustice.
I believe that on the 24th October 1964 by an Order in Council that is Section 1 of the Zambia Independence Act 1964, The High Court Judge had no Jurisdiction Power over the Land of the Republic of Zambia where the CPR 40-20 Declaratory Judgments does apply.
I believe that the above is true
@Sir M
"And trying to actively prevent people from praying on the grounds that at work they aren't allowed to identify as religious isn't secular, its state-atheistic."
i thought the problem was that Christians prayers were said, out loud, as part of the council's meeting. i do think that this is intrusive, and certainly irrelevant to the political function of the Council. Des Demona hones in on this with his "prayer mats" comparison.
i did think that the previous process of allowing a quiet moment of reflection, thus allowing all & no faith to be expressed, was the best compromise, but it seems this wasn't enough for some?
@David Lindsay
" The last time that the Conservative Party was in office, it legalised abortion up to birth..."
you know that an Angel dies every time you lie?
@Clive
"I am an atheist. However I believe that it is every person's right to practice their religion (or lack of religion) when and where they choose without hindrance."
fair point. but whilst the Christian councillors are busy praying, can the secular councillors have a chat amongst themselves, make a few phone calls etc, or should they be silent?
@jankaas
Not if they want to be re-elected - it is a matter of courtesy and respect.
Mr Justice Ouseley has not considered the limitations of his own power as a judge. Where does it say in the Senior Courts Act 1981 that a judge has power to ban religious observance in local council meetings?
AMEN ! to the NSS and MJO.
@Michael
"Not if they want to be re-elected - it is a matter of courtesy and respect."
doesn't that depend on the mood of the electorate? perhaps they would appreciate such a display? and i'm not being flippant, there seem to be more and more passive-aggressive atheists about who like to 'stir the pot' so to speak. sort of a tit-for-tat battle with theists.
btw i have no idea about the limits of specific laws, so i've no idea about the Act you refer to. sorry.
Compare what we have done in Britain to the news of the death of Witney Houston. Prayers were said for her at the BAFTA, and heard worldwide. The world must think we are mad.
How many board meetings in business include prayers? If I thought that directors of BP or Tesco were praying before meetings, I would honestly think they were barking mad.
"i did think that the previous process of allowing a quiet moment of reflection, thus allowing all & no faith to be expressed, was the best compromise, but it seems this wasn't enough for some?"
Wholeheartedly agree. But this is a matter of unfair employment conditions, or perhaps a matter for anti-bullying legislation. It has nothing at all to do with secularity, or even the religion/atheist thing.
Let me draw an analogy. If all but one councillor were male, and they started each council meeting by handing out a copy of Maxim and grading the various scantily clad ladies that lay within, then discussed the grading over coffee before starting the real business then the lone lady might feel uncomfortable, objectified, whatever. They would certainly be unprofessional in this, and she absolutely should say something about it to the constituents.
But it wouldn't amount to sexual harrassment, sexual misconduct, or any other such behaviour.
There is no indication that these councillors have been using their religion to inform their actual decision making over how the affairs of their borough are handled. This is purely a behavioural matter. Thus it has nothing at all to do with secular values or aims.
Surely this is a matter for local democracy. The council should be able to set their own agenda.I beleive that prayers took place before the actual business and that it was not compulsory to attend.Its hard to imagine why something so traditional in custom and practice has been used as a political football to further an anti religion agenda.Prayers should only be stopped if democratically decided by the members. I am amazed that a court of law can rule over a public body on a proceedural matter. Its worth remembering that we are a pluralist society not a purely secular one. Do we really want state imposed values and morality. Do we really want an Atheocracy. Lets have a little bit of live and let live.
@Sir M
"This is purely a behavioural matter. Thus it has nothing at all to do with secular values or aims."
i totally agree, but, it is mighty odd prescriptive behaviour no?
and there's the rub, i am 100% for people being allowed to pray/not pray to their heart's content. but if it's not about specific Council business, then there's no need to include prayer in the running order of business affairs.
and. i do have the suspicion that this is only a 'big' deal because it is a Christian plight, which opens a whole Pandora's Box as far as the media is concerned.
it's a Harry Hills type battle of religions; which is better, Christianity or Islam? FIGHT!!!!
When us tree-worshippers get into power we'll be making you non-believers bow and scrape before the mighty oak for hours before any sort of business begins.
@Graham Goldsmith
10 February 2012 at 22:08
"Surely this is a matter for local democracy. The council should be able to set their own agenda."
No; that's the point of the judgment. Bideford voted twice to retain prayers but councils do not have the right or the powers to do anything they want, even by voting on whatever it is they want. They only have powers laid out in the parliamentary Act that gives them those powers. If they could vote on anything they wanted, anarchy would reign. This is explained here http://wp.me/pfo1I-a3 with a link to the judgment
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Praying is like racism - if required it should be thought not uttered.
Communism is on the way told not to pray. The usual communist anti christian, anti white, politics, Authorities never accountable for there mistakes eg diane abbotts racist comments about white people about whites, muslim hate preachers unpunished i refer to the burning of the poppies 50pound fine insult call me racist if you wish so are you.
Didn't Hitler, Stalin, Pol-pot. Try banning Christianity and Buddhism? What makes these atheists so enlightened? Militant atheists don't have a very good track record of tolerance. Would the political-left be rejoicing if this court had banned ritually slaughtered meat? Of course not; they’d be screaming Islamophobia.
Perhaps councillors are praying that council tax payers don't wise up to the fact they're being robbed blind by a bunch of egotistical, self-serving shysters only too keen to bleed us all dry with their costly vanity projects.
@luddite
I think you're conflating the 'millitant' atheist (and logical positivist) left with the more prevalent postmodernist new labourey left. The former would be very pleased with the banning of ritually-slaughtered meat.
Would Bideford be happy if all their staff insist on praying every time they start work. Or if we ask for prayers every time we meet a council officer? Now that would really gum up the works in social services.
Sir Michael. Hitler was a National Socialist. Massive public works, total state control, bread and work. Socialism? The only difference between Hitler’s Socialism and your socialism is this monster, unlike your monsters wanted to create socialism in one country using one race.
If the left, and it is the left, wish to ban religion. Ban Islam first; than work down the list to the least offensive.
No Luddite. Just because Hitler had called his particular brand of politics "national socialism" that doesn't make him any more socialist than the fact he claimed to embrace Christianity in Mein Kampf made him a true believer.
He was a fascist who wanted to obliterate any political or ideological opposition to his ideals, and someone from anywhere in the political spectrum can do that. For example, if someone where to hate anyone who supported a welfare system, free healthcare, and state owned infrastructure because ANYTHING which involves the state makes them mad, and they then label those people who think such things are politically desirable "monsters" or "socialists" such a person would be flirting dangerously close to fascism, right-wing Hitler-like fascism too, ironically enough.
Indeed, I think Hitlers idea for "the abolition of all incomes unearned by work" is one embraced by the current coalition is it not? Even more worrying is this quote from the book "Big Business in the Third Reich"..
"As big business became increasingly organized, it developed an increasingly close partnership with the Nazi government. The government pursued economic policies that maximized the profits of its business allies, and, in exchange, business leaders supported the government's political and military goals."
http://www.amazon.com/Business-Third-Reich-Arthur-Schweitzer/dp/0253106702
Kind of makes me think of this...
http://en.wikipedia.org/wiki/Unum#Controversy
So your knowledge of history (both 20th and 21st century) is overly simplistic and absolutely wrong.
That said, I'll grant you the left do have a serious problem when it comes to religion, and there is a tendancy for people on the left to want to supress and oppress religion. But this isn't everyone on the left, and some of it comes from the right too.
"Didn't Hitler, Stalin, Pol-pot. Try banning Christianity and Buddhism?"
If they had tried to ban illiterate punctuation then they might have been on to something.
The answer in Hitler's case, incidentally, is "no".
I think we have to ask ourselves a few questions; believer, atheist or otherwise.
1) Do we want to live in a Secular society; where an individual is both free to practice their religion, separate from any official state proceedings or interference, or free FROM any religious observance in official state proceedings?
2) Would we rather live in a specific religious state: whereby members of other religions or unbelievers are often treated as second class citizens; oppressed, or worse, and where religious dogma can influence laws on issues such as marriage, sexual orientation, sexual consent, gender equality, democratic process etc. (And to the religious; I'm afraid you cannot pick your preferred religion in this hypothetical scenario: in a non-secular state these decisions are nearly always made for you.)
Though it may seem a minor matter with regard to the Bideford case (and I would agree) it is important to acknowledge the following: Laws regarding separation of religion and state must be observed in all instances in order to be respected and hold water in any case. Otherwise you are inviting any number of possibilities that could ultimately damage our basic freedoms.
I have to ask; would this debate have gone on for five days (in terms of the comment board at least) had the proposition of a majority of councillors been to impose Sharia in Bideford or, as existed in the USA before the establishment of a secular constitution, a situation whereby members of certain denominations could not hold office in certain states or where only members of certain denominations could hold office? Would anyone here not see the problem with a “Catholic only" Bideford Council? I suspect not.
The issue of pre-meeting prayers is clearly a less pressing matter than the examples above but if the law does not hold to the letter then it may as well not exist. While it exists it protects ALL secular freedoms that we should value so much in this country. It protects the rights of the religious and the non-religious alike so I do honestly feel it is something we should all get behind and not take for granted.
If you grant it for one, you must grant it for all.
I'm a secularist. I wasn't allowed to receive an a-level education, without attending religious worship at my college. It wasn't a religious college, just that the state required students to have a set quota of religious education a week. I used to hide in a fellow secularists car, in the adjoining car park to avoid being seen as skiving from religious assembly and have my a-level education taken away.
I've tried reading the bible. I have numerous copies that various family members or ancestors have owned. I've never destroyed them. I don't disagree with everything i have read in them, but i've found about 80% of it, total rubbish in my opinion.
I'm not homophobic.
I'm not in to infanticide.
Two important points, that make the bible totally irrelevant to me.
What people do in their own time in the form of worship is up to them. many brave soldiers, Jewish, Muslim, aetheist and hindu have fought for this country.
Councils should represent everybody, not a clique of interests.
Therefore, there is no need for christian prayer before meetings. This excludes many other beliefs and faiths.
Christians are strong enough to keep their faith and indeed what makes it quite refreshing is the Christian belief of equality and reason. Jesus wouldn't have required prayers before council meetings. Just a true faith in his believers hearts, that nobody can take away.
Otherwise, equate christianity with american evangelism and get your credit cards and backhanders ready boys!
To add, prayers before meetings reminds me of the pharisees.
Why do we make simple things difficult?
Strathclyde Regional Council had the same problem in the 1970s. The chair, a clergyman himself by the way, proposed that those of any denomination who wished to pray should do so in a side room before the meeting. This worked to everyone's satisfaction for many years.
Let us be careful to distinguish between two things, the right of everyone to express their religious feelings, which must be supported, and the wish of some bigots (Pickles?) to impose their own beliefs on an unwilling majority.
TheCorinthian; is it? Hitler may have being raised a Catholic, but the whole ethos of National Socialism was anti-Christian. If the Nazis had won the war, after murdering all the Jews, these Socialist would of crucified Christianity.
Mr Justice Ouseley has used a phoney legal argument to ban not prayers but putting prayers on the agenda - usually before the Mayor has sat down so not part of the actual meeting.
If Councillors were invited to attend conference and the first item on the agenda was registration and the second item was coffee and the third item was a talk and then a coffee break, he would say that because there is nothing in the Local Government Act to say that Councils have power to drink coffee, it is illegal to put coffee should not be on the agenda and the police may be called to stop coffee drinking. It is really that ridiculous. Idiots like this bring the law into total disrepute.
Whether the prayers are a point of the agenda is pretty key, for me, because that implies that councillors SHOULD be present (as it's a part of council business) and so discriminates against non-Christian councillors, even if technically they are not obliged to attend.
Typical Town 'toy' Council behaviour. It is this kind of 'Vicar of Dibley' silly power games that give parish and town councils a bad name. No wonder so few people turn out to vote in local elections.
Stick to real issues that effect ordinary folk. Rural poverty and isolation - would be something to tackle - you numb nuts!
"The judge didn't decide that having to sit through prayers amounted to a breach of atheist councillors' human rights, as the NSS had argued, or to unlawful discrimination"
Ok "human rights" is total hyperbole. People being forced to work for benefits under the Slavery Act (or work program) or being deported because the Daily Express says they are a terrorists are examples of human rights violations. Having to stand around while someone says a prayer for 3 minutes isn't a human rights act.
However I absolutely understand the discomfort that this might cause some, thus I support the NSS having their day in court over this. The problem is that they are fighting this on the wrong grounds...
""Acts of worship in council meetings are key to the separation of religion from politics," he said, "So we're very pleased with the judgement, and the clear secular message it sends.""
No, they are not. Not at all. Trying to compell radio stations to broadcast hymns or councillors saying that religious flyers should be made and shoved through peoples letter boxes is an example of what secularity means. Preventing people from having a religious observance which has no impact on policy decisions made and doesn't leave the room is not an example of religion interfering with state affairs.
And trying to actively prevent people from praying on the grounds that at work they aren't allowed to identify as religious isn't secular, its state-atheistic.
Surely the answer is that prayers to be said by recognised clergy whose flocks worship locally in the area.
Representatives of Protestantism and its offshoots, Catholicism, Islam and other religious groupings should all be available for these prayer meetings.
Prayers appropriate to each religion can then be said. To be equitable, the religion with the largest congregation should be allowed to pray first. Second largest next and so on. Nobody need attend these religious services if they do not wish to do so.
True Believer
which part of "the poisonous atmosphere the row had created" is consistent with Christian love for one's neighbour? There's little point to saying prayers if the devotion does not extend to the rest of your life :(
I am an atheist. However I believe that it is every person's right to practice their religion (or lack of religion) when and where they choose without hindrance.
This ruling will simply strengthen the prejudice that is inherent in every religion.
If this was Tower Hamlets Council and the prayer mats were whipped out as part of the meeting agenda can you imagine the outrage? The fact that non-muslims were not obliged to attend is irrelevant.
The place for practicing religion, any religion, is not in my view on the agenda of a council meeting.