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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Chuka Umunna calls for "solidarity" among Labour MPs, whoever is voted leader

The full text of shadow business secretary Chuka Umunna's speech to Policy Network on election-winning ideas for Labour's future, and the weaknesses of the New Labour project.

There has never been an easy time to be a social democrat (or “democratic socialist” as we sometimes call ourselves in Britain). Whereas the right can demonise the poor and extol the virtues of the market, and the hard left can demonise the market and extol the role of the state, our position of constraining the domination of markets and reforming the state is, by definition, more complex.

It is nonetheless the case that social democracy has a historic responsibility, in every generation, to renew democracy and preserve a civic culture. This is achieved not through soundbites and slogans, but through the hard-headed development of a progressive politics that reconciles liberty and democracy, new comers and locals to our communities, business and workers, in a common life that preserves security, prosperity and peace.  This historic mission is all the more urgent now and my determination that we succeed has grown not weakened since our election defeat last May.

But, in order to be heard, it is necessary to make balanced and reasonable argument that both animates and inspires our movement, and which is popular and plausible with the people.  The first is pre-requisite to the second; and there is no choice to be made between your party’s fundamental principles and electability. They are mutually dependent - you cannot do one without the other.

We are in the midst of choosing a new leader and it is clear to anyone who has watched the UK Labour Party leadership election this summer that amongst a significant number there is a profound rage against Third Way politics – as pursued by the likes of Bill Clinton, Tony Blair, Gerhard Schröder and others - as a rejection of our fundamental values.

In the UK there is a view that New Labour accepted an uncritical accommodation with global capital that widened inequality, weakened organised labour and we were too close to the US Republicans and too far from the European left.

I do not believe this is fair, not least because we rescued many of our public services from the scrap heap when we came to office in 1997 and there were very significant achievements  we should celebrate.  New Labour renewed our National Health Service in a fundamental way; we built new schools and improved existing ones; we set up new children’s centres all over the country; we brought in a National Minimum Wage; we worked with others to bring peace to Northern Ireland; we introduced civil partnerships.  Just some of our achievements.

However, though we may take issue with the critique, I do not think we can simply dismiss out of hand those who hold critical views of New Labour. Like any government, the New Labour administration made mistakes - it could and should have achieved more, and done more to challenge the Right’s assumptions about the world. In the end, it is not unreasonable to be ambitious for what your party in government can achieve in building greater equality, liberty, democracy and sustainability. It is far better we acknowledge, not reject, this ambition for a better world, as we seek to forge a new politics of the common good fit for the future.

Realising our values in office has been disrupted by globalisation and the surge of technological forces that are displacing and reshaping industry after industry.

Some argue that globalisation as an ideological construct of the right. But we must recognise that we live in an increasingly integrated world in which markets have led to an unprecedented participation of excluded people in prosperity, a rise in living standards for hundreds of millions  of people and a literacy unprecedented in human history – this is particularly so in emerging economies like my father’s native Nigeria. And the internet has led to a level of accountability that has disturbed elites.

Yet, this has been combined with a concentration of ownership that needs to be challenged, of a subordination of politics that requires creative rather than reactive thinking, and these global forces have exacerbated inequalities as well as helped reduce poverty.

So it is important that we understand the sheer scale and impact of new technologies. At the moment we are engaged in a debate about Uber and its threat to one of the last vestiges of vocational labour markets left in London, those of the black taxi cabs and their attainment of 'The Knowledge'. But the reality is that within the next decade there will be the emergence of driverless cars so we have to intensify our exploration of how to support people in a knowledge economy and the realities of lifelong learning, as well as lifelong teaching. As people live longer we will have to think about how to engage them constructively in work and teaching in new ways.

Once again, I'm addressing all of this, Social Democracy requires a balanced view that domesticates the destructive energy of capital while recognising its creative energy, that recognises the need for new skills rather than simply the protection of old ones. A Social Democracy that recognises that internationalism requires co-operation between states and not a zero sum game that protectionism would encourage.

Above all, Social Democratic politics must recognise the importance of place, of the resources to be found in the local through which the pressures of globalisation can be mediated and shaped. Our job is to shape the future and neither to accept it as a passive fate nor to indulge the fantasy that we can dominate it but to work with the grain of change in order to renew our tradition, recognising the creativity of the workforce, the benefits of democracy and the importance of building a common life.  Sources of value are to be found in local traditions and institutions.

This also requires a recognition that though demonstration and protest are important,; but relationships and conversations are a far more effective way of building a movement for political change.

One of the huge weaknesses of New Labour was in its reliance on mobilisation from the centre rather than organising. It therefore allowed itself to be characterised as an elite project with wide popular support but it did not build a base for its support within the party across the country, and it did not develop leaders from the communities it represented. It was strong on policy but weak on strengthening democratic politics, particularly Labour politics.

Over half a million people are now members, supporters or affiliated supporters of our party, with hundreds of thousands joining in the last few weeks. Some have joined in order to thwart the pursuit of Labour values but many more have joined to further the pursuit of those values, including lots of young people. At a time when so many are walking away from centre left parties across the Western world and many young people do not vote let alone join a party, this is surely something to celebrate.

So it is vital that we now embrace our new joiners and harness the energy they can bring to renewing Labour’s connection with the people. First, we must help as many them as possible to become doorstep activists for our politics. Second, I have long argued UK Labour should campaign and organise not only to win elections but to affect tangible change through local community campaigns. We brought Arnie Graf, the Chicago community organiser who mentored President Obama in his early years, over from the U.S. to help teach us how to community organise more effectively. We should bring Arnie back over to finish the job and help empower our new joiners to be the change they want to see in every community – we need to build on the links they have with local groups and organisations.

I mentioned at the beginning that in every generation Social Democracy is besieged from left and right but the achievements of each generation are defined by the strength of a complex political tradition that strengthens solidarity through protecting democracy and liberty, a role for the state and the market and seeks to shape the future through an inclusive politics. Solidarity is key which is why we must accept the result of our contest when it comes and support our new leader in developing an agenda that can return Labour to office.

Yes, these are troubled times for social democrats. All over Europe there is a sense among our traditional voters that we are remote and do not share their concerns or represent their interests or values.  There is surge of support for populist right wing parties from Denmark to France, of more left wing parties in Greece and Spain and in Britain too. There is renewal of imperial politics in Russia, the murderous and abhorrent regime of ISIL in the Middle East, volatility in the Chinese economy and in Europe a flow of immigration that causes fear and anxiety.

But, the task of Social Democracy in our time is to fashion a politics of hope that can bring together divided populations around justice, peace and prosperity so that we can govern ourselves democratically. We have seen worse than this and weathered the storm. I am looking forward, with great optimism to be being part of a generation that renews our relevance and popularity in the years to come.

Chuka Umunna is the shadow business secretary and the Labour MP for Streatham.