Cross purposes

Why the government is opposing the right of two workers to wear crosses at work.

American usage makes a distinction between "the government" -- the permanent apparatus of the state and those who work for it -- and "the Administration" headed by the President. In Britain, the word "government" is ambiguous. In popular usage it tends to refer to the group of ruling politicians. But it also means the "permanent government", the civil servants, lawyers and other officials who remain in place irrespective of which party happens to be in power.

This can lead to confusion. Yesterday, for example, theSunday Telegraph claimed that "the government" was opposing the case brought before the European Court of Human Rights by two Christians who sought the right to wear a cross or crucifix at work. Indeed, David Barrett's report attributed the decision to "ministers" and produced quotes denouncing "the government" from, among others, the former Archbishop of Canterbury Lord Carey and Andrea Williams, the omnipresent boss of the Christian Legal Centre.

Williams described it "as extraordinary that a Conservative government [sic] should argue that the wearing of a cross is not a generally recognised practice of the Christian faith." The Telegraph went on to contrast the ban with the coalition's support for same-sex marriage, and quoted a remark by Delia Smith as evidence of "growing anger among Christians" over the government's stance. The piece provoked the response the Telegraph must have been hoping for. More than two-and-a-half thousand comments have so far been registered, the vast majority seeing the story as proof of the government's duplicitous or even anti-Christian attitude. A high proportion singled out David Cameron personally for abuse.

Yet it's unlikely that any minister has even seen the document on which the Telegraph based its report, which was a formal submission to the Strasbourg court drawn up by government lawyers. The submission in effect sets out the decision reached by Lord Justice Sedley and his colleagues in 2010 when considering the case of Nadia Eweida, a British Airways check-in clerk who objected to her employers demand that she conceal the cross she wished to wear as a testimony to her Christian faith.

The Court of Appeal concluded that Eweida's wish to wear the cross was a personal choice rather than a religious requirement, and therefore did not attract the protection that the law afforded to religious dress such as Sikh turbans or Muslim headscarves. Her case, and that of Shirley Chaplin, a nurse who was told she could not work on an NHS ward while wearing a crucifix, is formally taken against the government, that is against the British state. Unless the government brings in legislation to explicitly allow Eweida and Chaplin to wear their crosses at work, government lawyers have no choice but to set out the legal position as arrived at by the domestic courts.

This procedural manoeuvre implies nothing about the actual opinions of ministers on the issue. Indeed, given pro-faith comments in recent months by the likes of David Cameron, Sayeeda Warsi and Eric Pickles, it would be amazing if the submission did reflect the views of most members of the government. The Mail is today claiming that Lynne Featherstone, the Equalities Minister, "ordered" government lawyers to oppose the case, but the only evidence it has for this is a quote from a Home Office spokesman setting out the government's understanding of the Equality Act. Even if she was consulted she is more likely to have been acting on official advice rather than pro-actively directing policy.

An irony in all this is that the Equality and Human Rights Commission, a body regularly denounced by the Mail and the Telegraph (as well as in a recent report by Evangelical MPs) for its alleged anti-Christian bias, is supporting Eweida and Chaplin at Strasbourg. In its recent review of the state of human rights in Britain, the EHRC argued that the British courts had interpreted the law too narrowly. In particular it was wrong to conclude that because it was not a religious requirement for Christians to wear a cross all the time individual Christians need not feel a personal obligation to do so.

The EHRC notes that while the Strasbourg court has in the past "tended to take the view that a practice amounted to the "manifestation" of a religion or belief only if required by the particular religion" recent cases have taken a different line. For example, a Polish Buddhist was allowed to adhere to a vegetarian diet in prison even though refraining from meat is not an explicit requirement of Buddhism. It stresses that Article 9 of the European Convention protects the beliefs of individuals, not merely of groups. What matters, the report argues, is how the individual interprets her faith. Wearing a cross might not be a requirement imposed on Christians, but they feel a strong personal obligation to do so, and that is what matters.

For what it's worth, I think the EHRC is right about this, and "the government" is wrong. Indeed, when it comes to matters of religious belief the language of group rights is more than usually unhelpful. The core of any religious belief is personal commitment; how that commitment is manifested is secondary and in any case highly variable. This is especially true of Christianity. While some Christians may feel a strong personal need to wear a cross, or not to work on Sunday, or object to same-sex relationships, many others do not. But that fact does not diminish the sincerity with which some believers assert their personal need to do so. And it's in any case dangerous for the law to start adjudicating about belief.

 

Belief, disbelief and beyond belief
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By refusing to stand down, Jeremy Corbyn has betrayed the British working classes

The most successful Labour politicians of the last decades brought to politics not only a burning desire to improve the lot of the working classes but also an understanding of how free market economies work.

Jeremy Corbyn has defended his refusal to resign the leadership of the Labour Party on the grounds that to do so would be betraying all his supporters in the country at large. But by staying on as leader of the party and hence dooming it to heavy defeat in the next general election he would be betraying the interests of the working classes this country. More years of Tory rule means more years of austerity, further cuts in public services, and perpetuation of the gross inequality of incomes. The former Chief Secretary to the Treasury, Seema Malhotra, made the same point when she told Newsnight that “We have an unelectable leader, and if we lose elections then the price of our failure is paid by the working people of this country and their families who do not have a government to stand up for them.”

Of course, in different ways, many leading figures in the Labour movement, particularly in the trade unions, have betrayed the interests of the working classes for several decades. For example, in contrast with their union counterparts in the Scandinavian countries who pressurised governments to help move workers out of declining industries into expanding sectors of the economy, many British trade union leaders adopted the opposite policy. More generally, the trade unions have played a big part in the election of Labour party leaders, like Corbyn, who were unlikely to win a parliamentary election, thereby perpetuating the rule of Tory governments dedicated to promoting the interests of the richer sections of society.

And worse still, even in opposition Corbyn failed to protect the interests of the working classes. He did this by his abysmal failure to understand the significance of Tory economic policies. For example, when the Chancellor of the Exchequer had finished presenting the last budget, in which taxes were reduced for the rich at the expense of public services that benefit everybody, especially the poor, the best John McConnell could do – presumably in agreement with Corbyn – was to stand up and mock the Chancellor for having failed to fulfill his party’s old promise to balance the budget by this year! Obviously neither he nor Corbyn understood that had the government done so the effects on working class standards of living would have been even worse. Neither of them seems to have learnt that the object of fiscal policy is to balance the economy, not the budget.

Instead, they have gone along with Tory myth about the importance of not leaving future generations with the burden of debt. They have never asked “To whom would future generations owe this debt?” To their dead ancestors? To Martians? When Cameron and his accomplices banged on about how important it was to cut public expenditures because the average household in Britain owed about £3,000, they never pointed out that this meant that the average household in Britain was a creditor to the tune of about the same amount (after allowing for net overseas lending). Instead they went along with all this balanced budget nonsense. They did not understand that balancing the budget was just the excuse needed to justify the prime objective of the Tory Party, namely to reduce public expenditures in order to be able to reduce taxes on the rich. For Corbyn and his allies to go along with an overriding objective of balancing the budget is breathtaking economic illiteracy. And the working classes have paid the price.

One left-wing member of the panel on Question Time last week complained that the interests of the working classes were ignored by “the elite”. But it is members of the elite who have been most successful in promoting the interests of the working classes. The most successful pro-working class governments since the war have all been led mainly by politicians who would be castigated for being part of the elite, such as Clement Atlee, Harold Wilson, Tony Crosland, Barbara Castle, Richard Crossman, Roy Jenkins, Denis Healey, Tony Blair, and many others too numerous to list. They brought to politics not only a burning desire to improve the lot of the working classes (from which some of them, like me, had emerged) and reduce inequality in society but also an understanding of how free market economies work and how to deal with its deficiencies. This happens to be more effective than ignorant rhetoric that can only stroke the egos and satisfy the vanity of demagogues

People of stature like those I have singled out above seem to be much more rare in politics these days. But there is surely no need to go to other extreme and persist with leaders like Jeremy Corbyn, a certain election loser, however pure his motives and principled his ambitions.

Wilfred Beckerman is an Emeritus Fellow of Balliol College, Oxford, and was, for several years in the 1970s, the economics correspondent for the New Statesman