What are "matters of conscience" in a non-religious country?

It takes religion for parliament to accept that an MP might have a conscience.

Today's census figures are the second to include an answer to the question of what religion people identify with. They show a country of rapidly declining faith: 25 per cent of people now say they have "no religion", up from 15.5 per cent in 2001; 59.3 per cent of people say they are Christian, down from 72 per cent in 2001; the Muslim population had increased to 5 per cent; and other religions totalled 8.4 per cent.

In other words, slightly over half of Britons are Christian. We can't know how that breaks down over various denominations, because the question was not specified any further, but if adherents to the state religion – the Church of England – aren't already a minority in Britain, then they are fast on their way there.

All of which marks out quite how bizarre the continued religious influence in our legislature is. Not just that we still have 26 bishops in the House of Lords in the year two thousand and twelve (although the e-petition to put an end to that has just broken 10,000 signatures), since that is something which, when it comes down to it, only matters on a symbolic level.

The far stranger influence religion has on the laws of the land has surfaced today with the debate over same-sex marriage. Take a look, for instance, at George's post about Labour's decision to offer a free vote on the bill:

"The three-line whip only applied to civil ceremonies. Now the government has agreed to allow gay marriages in religious buildings, we will hold a free vote."

That is: same-sex marriages weren't an issue "of conscience" until they involved religious buildings; now that they do, they are.

Clearly same-sex marriage is something which people care greatly about; and it is perhaps understandable that some people of faith feel that involving religious buildings to be involved is a categorically different issue to whether or not to allow equal marriage in the first place.

But why are we still acting as though religious beliefs are the only ones which people hold closely enough that they ought not be made to break them by a party whip? Are the 25 per cent of people who hold no religious beliefs also unable to ask for a free vote on matters of conscience? Can an atheist not be as vehemently opposed to war as a Christian is to abortion?

Britain is less religious by the day; soon, we will have to confront these questions head on.

The House of Commons in 1890, about as long ago as it made sense to have bishops in the Lords. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.