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Pickles overturns ban on council prayers

The legal wrangle highlights the need for an unambiguous separation between church and state.

After a week of absurd headlines declaring that "militant secularism" is endangering religion, Eric Pickles has acted to overturn the High Court ruling against council prayers. The Communities Secretary rushed through the implementation of "a general power of competence", which allows councils to do anything an individual can unless specifically prohibited by law.

Pickles declared:

By effectively reversing (the High Court's) illiberal ruling, we are striking a blow for localism over central interference, for freedom to worship over intolerant secularism, for parliamentary sovereignty over judicial activism, and for long-standing British liberties over modern-day political correctness.

The National Secular Society, which launched the legal challenge to council prayers, has responded by questioning the legality of Pickles's actions,

Keith Porteous Wood, Executive Director of the NSS, commented:

A number of senior lawyers have expressed doubt whether the Localism Act will, as Mr Pickles hopes, make prayers lawful, and the Act was clearly not passed with that express intention. His powers to pass legislation are not, as he implies, untrammelled. Council prayers increasingly look set to become a battle between the government and the courts at ever higher levels.

The legal ambiguity points to the need for a clear and unequivocal separation between church and state. Religious believers who oppose such a move should look to the US, where faith has flourished despite the country's secular constitution (the legal basis for the ban on school prayers).

Indeed, in an interview with the New Statesman in 2008, the Archbishop of Canterbury, Rowan Williams, (who went on to famously guest-edit the magazine) suggested that the church might benefit from such a move:

I can see that it's by no means the end of the world if the establishment disappears. The strength of it is that the last vestiges of state sanction disappeared, so when you took a vote at the Welsh synod, it didn't have to be nodded through by parliament afterwards. There is a certain integrity to that.

In an increasingly atheistic and multi-faith society, a secular state, which protects all religions and privileges none, is a model to embrace. Now is as good a time as any to do so.

39 comments

JeremiahVaughan's picture

The real hysteria is coming from morons like Pickles and Warsi who have reacted completely over the top to a perfectly logical court ruling. These are people who have no clue what the word "secular" really means. It seems that when it comes to public debate, there's one rule for the religious who can say what they want to, and completely another for atheists who apparently should just shut up, be good and roll over. http://www.squidoo.com/best-double-jogging-strollers-reviews

ms Catholic state's picture

Um....aren't the blue-rinse brigade human beings too. And don't they deserve respect. After all....they do respect God. I won't say anymore....I'd only accuse you of nasty things.

mcquade's picture

"we are striking a blow for localism over central interference"

How I laugh at Pickles lack of a sense of irony. The Localism Bill, designed to devolve power from the centre to the local, will decree by central diktat that prayers be included in the officiating of local government.

Wake up Pickles.

ChuckNett's picture

Typical Tory reaction from Pickles - let's keep the blue-rinse brigade and their little Englander and songs of praise mentalities on-side at all costs... Amazing how quickly he was able to move on this one - none of the usual reliance on 'our hands are tied on this one' excuses on this subject eh? I bet he doesn't move as quickly when real human rights are stake!

mcquade's picture

Interesting wording, this competence power - "enables councils to do anything an individual can that is n't pohibited by law"

Since when could an individual require someone else to sit through a prayer session?

albert's picture

"Amazing how quickly he was able to move on this one"

The only time he moves quicker is when he sees a pie, the disgusting slug of a man.

Briar's picture

So the Tories are ready to restrict council membership solely to christians? That's one way to ensure a Tory majority.

And Localism: now you see it, now you don't. He quotes it now, but if you want to protect your environment from developers the national government will make sure the devopers win.

Haymoon's picture

How can a state (UK) be secular if its head of state (the Queen) is head of the (established) church?

Fergus Pickering's picture

Obviously Pickles has done something right; he's annoyed you lot. Well done, stout fellow.

Russell Bowles's picture

This Bideford prayer ban was all part of a Secular Society agenda to militate against faith. It is clear that the worshippers of the humanist god have sounded their war cry. May the people of faith respond and not shrink back from the war!

Gringo's picture

Oh do fuck off, you fucking dimwit Bowles!

Seti's picture

Oh, great. In the twenty-first century, as chaos reigns in the economy, our government tries to pass a law compelling us to pray.

Fergus Pickering's picture

Praying might be more efficacious, don't you think, O godless one?

Hugh Markey's picture

The power of prayer is wondrous.
Oh, please Almighty God remove this government of rich men and women and resurrect the Blessed Gordon Brown. You never miss the water 'till the well runs dry!

Mercifully Yours

Sir Michael's picture

Seti - There is no such law, quite the opposite. Nobody was being compelled to pray. In fact this argument started when people were compelled not too.

Gringo - Your argument is intellectually unstimulating.

Mcquade "Then they can do that in their own time and in an appropriate place."

Hence my use of the words "unprofessional behaviour (these people were praying during council hours)"

Russel - secular is not about repression of faith nor is it about spreading humanism. It is about freedom of religion and the freedom of people to abstain from religion if they wish. Don't confuse the militant atheist idiocracy with the reasonable secularist.

TheCorinthian's picture

Well, it's not like Jesus ever said anything memorable and unambiguous about keeping Church and State separate...

Andyb's picture

Sir M

In other words a "hysterical atheist" is anybody who has the insolence to speak up and challenge the status quo. We should all just shut up and let irrational pre-historic superstitions continue to be granted special status in society.

The real hysteria is coming from morons like Pickles and Warsi who have reacted completely over the top to a perfectly logical court ruling. These are people who have no clue what the word "secular" really means.

It seems that when it comes to public debate, there's one rule for the religious who can say what they want to, and completely another for atheists who apparently should just shut up, be good and roll over.

Richard's picture

More concerning here is that a junior minister can blatantly stick his middle finger up to the high court. OK, he's used a loophole here, but we do have a case of a junior minister deciding he doesn't like a high court ruling for personal reasons and believing he can overrule it.

What next? Could we see more significant rulings such as abortion overturned on a minister's whim?

I'd be concerned to see the PM do this never mind a junior minister. The high court and our judicial system generally do a very good job. They are also a place to turn to against the government, so should not be a place that can be so simply pushed aside.

test's picture

If you aren't a militant secularist, then stop kicking up a fuss about a prayer before council meetings. I'm an agnostic but I'm happy to recognise the decent moderate place the CofE has in this country, far from being clerical fascist like some other Christian and non-Christian religions. If some councillors want to pray that the Lord looks over their deliberations, it really shouldn't be an issue. It's even more idiotic when we have an established Church, so demands religion should be kept separate from political proceedings have no basis in our law.

The only people who could care less are the genuinely militantly secular like Portentous-Woo, who I guess would revel in the title.

Keir's picture

Because papalism threatens democracy.

Robert Taggart's picture

Hoping the Fat-Bastard - EP - has said his prayers !

Plug's picture

Test, have you been asleep? The question was whether councils should hold prayers DURING the meeting, as an agenda item, meaning that those members not wishing to take part either have to sit through it, or not show up for that bit and be marked down as late.
As you quite rightly say, if councillors wish to pray, it really shouldn't be an issue. But it shouldn't form part of official council business either.

Sir Michael's picture

Test - the issue isn't that they were praying, it is a matter of their conduct during employment hours, and the working environment of their colleagues.

If, rather than praying, they were handing out dirty girl magazines and comparing the pictures within. Would you consider this a good use of council time? Would you be concerned for the women councillors there and their rights? The same reasoning applies here. There is nothing that praying does that requires councils time.

The problem in this case is that the National Secular Society, who are basically a bunch of hysterical atheists, decided to turn this into a religious issue for their own purposes.

Indu Pendent's picture

Its simples:

Labour = athiest intolerant secularism

Coalition = religious choice, local freedom

Why doesnt Milibandwagon jump on this one?

Bill's picture

This just highlights that fact that councillors have nothing better to think about due to their total lack of intelligence, and 'real world' knowledge. Anybody with a big enough mouth can become a councillor, and in due course will probably end up doing an important job, such as planning. Now I don't know about your town or village, but in ours the B&B owners run the whole show, and it is an unmitigated disaster. You wouldn't give an important job to somebody with no O Levels, so why is no standard applied here.
Their next act of stupidity will be to make dam sure that non of the actual locals, has any say when it comes to Localism!

jankaas's picture

@Sir M

"the issue isn't that they were praying, it is a matter of their conduct during employment hours, and the working environment of their colleagues."

agreed. so rather than a separation of church and state, this is about a separation of work and private life.

"The problem in this case is that the National Secular Society, who are basically a bunch of hysterical atheists, decided to turn this into a religious issue for their own purposes."

and as sure as day follows night the more hysterical theists gleefully join with rhetoric based on their persecution complex. they truly deserve one another. i think it excellent entertainment, a fascinating stage in our tinkering with the concept of secular democracy. i am quite optimistic on the whole.

Alrich's picture

Many religious people are disturbed at the way this is going. Even the Archbishop of Canterbury said it would be perfectly all right to turn up before the meeting to pray – and presumably those who were of different denominations or religions could pray in separate rooms. None of this is about spirituality, it's naked politics. Witness Bishop Nazir-Ali on Newsnight the other day claiming pretty well all good things in the British constitution as Christian (and ignoring all the bad things) http://wp.me/pfo1I-ar

Fraziel1's picture

Labour = athiest intolerant secularism

Coalition = religious choice, local freedom

Don't be so ridiculous.What the hell are councils doing saying prayers anyway? If you want to pray , by all means do so but do it privately and in your own time.The very idea of having prayers before meetings in a society of many faiths and non believers is utterly ludicrous. It should not be banned either but people should have the common sense to see that prayers are not appropriate at council meetings.

Fraziel1's picture

"The problem in this case is that the National Secular Society, who are basically a bunch of hysterical atheists"

What is a hysterical atheist? can you not be atheist these days withour being hysterical or militant? I find the national secular society to be quite reasonable and i am glad that there is now an organisation prepared to stand up for the rights of non believers. It's just a shame that christians seem to think we should not have a voice and anyone that speaks out is hysterical or militant. It is ludicrous and it is this sort of tabloid tripe that stifles proper debate.Atheists are now getting a bit of political clout and it is long overdue.They are also right on this issue. Prayers have no place at council meetings.

Keir's picture

The internet has given opportunity to the lowest forms of life. Pickles, Gove and Warsi have taken up their cause. The Smooth Etonian perhaps has not tumbled their game. Or he has, and gives it an aura of normality and legitimacy.

Des Demona's picture

A local council is local government -whether it is Bideford or Tower Hamlets. If the Tower Hamlets meeting agenda included getting the prayer mats out before every session and this was what the fuss was about then I don't Eric Pickles would have rushed through the same bill.
This is why politics and religion have to be kept seperate.

Des Demona's picture

A local council is local government -whether it is Bideford or Tower Hamlets. If the Tower Hamlets meeting agenda included getting the prayer mats out before every session and this was what the fuss was about then I don't think Eric Pickles would have rushed through the same bill.
This is why politics and religion have to be kept seperate.

Sir Michael's picture

"In an increasingly atheistic and multi-faith society, a secular state, which protects all religions and privileges none, is a model to embrace. Now is as good a time as any to do so."

Absolutely agreed, but I don't see the relevance here. The councillors were not praying for guidance of decision making, nor where they praying that god fix the leaking library roof rather than council tax payers. This was their own observance of their religion for its own sake.

One could argue this on grounds of bullying (an atheist felt ostracized by this activity) or unprofessional behaviour (these people were praying during council hours), but seperation of church and state? A hysterical conclusion. There is absolutely no indication the state is promoting or spreading religion.

I agree entirely that this case (as well as a lot of others) demonstrate we desperately need a First Amendment style law here, set in stone, that the state may neither respect nor supress religion. If that happened these kinds of cases could be argued on their own merits as opposed to becoming pawns in the ludicrous game being played between religious fanatics and militant atheists.

Keir's picture

'I't's just a shame that christians seem to think we should not have a voice'

No. Christians think that all should have their say. People like Warsi, Pickles and Gove take fright at the idea of Christians having a voice.

The interesting thing is that supposed atheists seem to be on their side. Probably for different reasons, foolish, short-sighted ones.

Mizar's picture

More than half of the population (as stated in the census) are not Christian. Observance in church is much smaller.

How many councillors are free masons?

Mizar's picture

It occurs to me that Pickles new wheeze would allow black magic rituals in council.

Bek's picture

The simple point is that these councillors are wasting meeting time by "praying" whilst in session. If it's so important to them they can congregate in faith groups for 15 mins in their OWN time, not the time they should be giving to public service. And let's not forget the generous allowance they receive for representing us, paid by us. I am not paying them to chant out loud to their deities. It's as farcical as schools being legally required to deliver "worship" each day.

Sir Michael's picture

@Fraziel1 - "What is a hysterical atheist? can you not be atheist these days withour being hysterical or militant?"

Of course you can. I am one such atheist.

Atheists who start screeching and litigating when others pray is an example of a hysterical atheist.

mcquade's picture

"This was their own observance of their religion for its own sake."

Then they can do that in their own time and in an appropriate place.

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