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.

George Eaton is political editor of the New Statesman.

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Could Jeremy Corbyn still be excluded from the leadership race? The High Court will rule today

Labour donor Michael Foster has applied for a judgement. 

If you thought Labour's National Executive Committee's decision to let Jeremy Corbyn automatically run again for leader was the end of it, think again. 

Today, the High Court will decide whether the NEC made the right judgement - or if Corbyn should have been forced to seek nominations from 51 MPs, which would effectively block him from the ballot.

The legal challenge is brought by Michael Foster, a Labour donor and former parliamentary candidate. Corbyn is listed as one of the defendants.

Before the NEC decision, both Corbyn's team and the rebel MPs sought legal advice.

Foster has maintained he is simply seeking the views of experts. 

Nevertheless, he has clashed with Corbyn before. He heckled the Labour leader, whose party has been racked with anti-Semitism scandals, at a Labour Friends of Israel event in September 2015, where he demanded: "Say the word Israel."

But should the judge decide in favour of Foster, would the Labour leadership challenge really be over?

Dr Peter Catterall, a reader in history at Westminster University and a specialist in opposition studies, doesn't think so. He said: "The Labour party is a private institution, so unless they are actually breaking the law, it seems to me it is about how you interpret the rules of the party."

Corbyn's bid to be personally mentioned on the ballot paper was a smart move, he said, and the High Court's decision is unlikely to heal wounds.

 "You have to ask yourself, what is the point of doing this? What does success look like?" he said. "Will it simply reinforce the idea that Mr Corbyn is being made a martyr by people who are out to get him?"