Bideford Town Council hasn't a prayer

The High Court has ruled that local councils can't have prayers on the agenda.

The National Secular Society has won a Judicial Review against Bideford Town Council's practice of holding prayers as part of its formal proceedings. Mr Justice Ouseley, leading judge of the Administrative Division of the High Court, today ruled that the 1972 Local Government Act did not give councils the power to introduce a religious dimension to their meetings.

The judge didn't decide that having to sit through prayers amounted to a breach of atheist councillors' human rights, as the NSS had argued, or to unlawful discrimination. A crucial part of his reasoning was that because the prayers were optional -- any councillor who objected was free to leave -- they couldn't be considered an integral part of council business. In that sense it was a very technical ruling. But he did suggest that it might impose unacceptable "burdens" on some representatives, marking them out or excluding them from their role as "equally elected councillors".

"Still, a win is a win" was the instant reaction from Dr Evan Harris, the former Lib Dem MP and secularist campaigner. Keith Porteous Wood, Executive Director of the National Secular Society, was perhaps more effusive. "Acts of worship in council meetings are key to the separation of religion from politics," he said, "So we're very pleased with the judgement, and the clear secular message it sends."

As for the Christian Institute, the evangelical pressure-group that had backed Bideford Council, its spokesman Simon Calvert called the ruling "extraordinary" and wondered if councils were now also banned from beginning council meetings with the national anthem or offering congratulations to the Queen on the occasion of her Diamond Jubilee.

The decision has also been attacked on Twitter by local government minister Eric Pickles. He suggested that "the right to worship is a fundamental and hard fought British liberty" (but then what of the right not to worship?). More intriguingly, he claimed that under the new Localism Act, which comes into force today, councils have a power of general competence: "Logically this includes ability to pray before meetings."

So it's far from over yet.

In the key passage highlighted by the NSS in its initial response to the ruling, Mr Justice Ouseley declared:

I do not think the 1972 Act [...] should be interpreted as permitting the religious views of one group of councillors, however sincere or large in number, to exclude, or even to a modest extent, to impose burdens on or even to mark out those who do not share their views and do not wish to participate in their expression of them. They are all equally elected councillors.

For around seventy years it has been the practice -- regular if not strictly adhered to or laid down in any regulation -- for the mayor to invite prayers to be said before council meetings in Bideford. The current row has been going on since Clive Bone, who brought the complaint with the aid of the National Secular Society, was elected to the council in 2007. The judicial review was brought last year despite the fact that Bone was no longer a councillor. His departure was, it seems, at least partly due to his unhappiness over the prayer issue and the poisonous atmosphere the row had created.

In November 2008, the Standards Board for England rejected an earlier complaint by Devon humanists. The board did "not think that for a council to have prayers is a breach of any of the relevant equality legislation". It added that "It is a decision for the council how it conducts its business and any change to that needs to be addressed by changing the governance arrangements with the consent of the majority of the council."

The following year the new mayor, Andy Powell, declined to appoint a chaplain and replaced the pre-meeting prayers with a period of silence which he described as "a mutual solution to the subject of religion in our chambers." But the prayers were later restored, prompting the legal action. The current practice is for the mayor to invite a local cleric to say a prayer at the start of meetings. Occasionally, a local representative of the Quakers leads a "moment of reflection" instead. Sometimes the mayor calls for a minute's silence instead of prayers.

Since it was based on the fairly narrow grounds of the Local Government Act, the case is unlikely to have the wide-ranging application that some have suggested. It does not threaten daily prayers in the House of Commons, for example: Parliament is not subject to the provisions of the Local Government Act. Nor will it prevent councillors' involvement in remembrance or Christmas carol services. Even the NSS says it has no objection to prayers being said before council meetings (though how long before remains a moot point). The point being contested was, arguably, a fairly trivial one: whether prayers could be an item on the formal council agenda. Trevor Phillips dismissed the case as "nonsense on stilts". But on such narrow points great questions of principle sometimes hang.

The most obvious outcome of today's ruling is that the understanding of the law set out in the Standards Board's response to the earlier complaint must be revised. Defending the NSS's decision to bring the case, despite the wish of a majority of local councillors to have prayers at their meetings, Keith Porteous Wood declared that "the law is not made in Bideford". But it would seem that the law has indeed been made in Bideford, at least pending a probably inevitable appeal.

Belief, disbelief and beyond belief
Photo: Getty
Show Hide image

Michael Carrick is the “Geordie Pirlo” that England misunderstood

The Manchester United legend’s retirement announcement should leave Three Lions fans wondering what if?

That it came in the months leading up to a World Cup arguably added an exclamation point to the announcement of Michael Carrick’s impending retirement. The Manchester United midfielder, who is expected to take up a coaching role with the club afterwards, will hang up his boots at the end of the season. And United boss Jose Mourinho’s keenness to keep Carrick at Old Trafford in some capacity only serves to emphasise how highly he rates the 36-year-old.

But Carrick’s curtain call in May will be caveated by one striking anomaly on an otherwise imperious CV: his international career. Although at club level Carrick has excelled – winning every top tier honour a player based in England possibly can – he looks set to retire with just 34 caps for his country, and just one of those was earned at a major tournament.

This, in part, is down to the quality of competition he has faced. Indeed, much of the conversation around England’s midfield in the early to mid-noughties centred on finding a system that could accommodate both box-to-box dynamos Steven Gerrard and Frank Lampard.

As time went on, however, focus shifted towards trequartistas, advanced playmakers and those with more mobile, harrying playing styles. And the likes of Jack Wilshere, Ross Barkley, Jordan Henderson and Dele Alli were brought into the frame more frequently than Carrick, whose deep-lying capabilities were not utilised to their full potential. That nearly 65 per cent of Carrick’s England caps have come in friendlies shows how undervalued he was. 

In fairness, Carrick does not embody similar characteristics to many of his England midfield contemporaries, including a laudable lack of ego. He is not blessed with lung-busting pace, nor is he enough of a ball-winner to shield a back four solo. Yet his passing and distribution satisfy world-class criteria, with a range only matched, as far as England internationals go, by his former United team-mate Paul Scholes, who was also misused when playing for his country.

Rather, the player Carrick resembles most isn’t English at all; it’s Andrea Pirlo, minus the free-kicks. When comparisons between the mild-mannered Geordie and Italian football’s coolest customer first emerged, they were dismissed in some quarters as hyperbole. Yet watching Carrick confirm his retirement plans this week, perfectly bearded and reflecting on a trophy-laden 12-year spell at one of world football’s grandest institutions, the parallels have become harder to deny.

Michael Carrick at a press event ahead of Manchester United's Champions League game this week. Photo: Getty.

Where other players would have been shown the door much sooner, both Pirlo and Carrick’s efficient style of play – built on patience, possession and precision – gifted them twilights as impressive as many others’ peaks. That at 36, Carrick is still playing for a team in the top two of the top division in English football, rather than in lower-league or moneyed foreign obscurity, speaks volumes. At the same age, Pirlo started for Juventus in the Champions League final of 2015.

It is ill health, not a decline in ability, which is finally bringing Carrick’s career to a close. After saying he “felt strange” during the second-half of United’s 4-1 win over Burton Albion earlier this season, he had a cardiac ablation procedure to treat an irregular heart rhythm. He has since been limited to just three more appearances this term, of which United won two. 

And just how key to United’s success Carrick has been since his £18m signing from Tottenham in 2006 cannot be overstated. He was United’s sole signing that summer, yielding only modest excitement, and there were some Red Devils fans displeased with then manager Sir Alex Ferguson’s decision to assign Carrick the number 16 jersey previously worn by departed captain Roy Keane. Less than a year later, though, United won their first league title in four years. The following season, United won the league and Champions League double, with Carrick playing 49 times across all competitions.

Failing to regularly deploy Carrick in his favoured role – one that is nominally defensive in its position at the base of midfield, but also creative in providing through-balls to the players ahead – must be considered one of the most criminal oversights of successive England managers’ tenures. Unfortunately, Carrick’s heart condition means that current boss Gareth Southgate is unlikely to be able to make amends this summer.

By pressing space, rather than players, Carrick compensates for his lack of speed by marking passing channels and intercepting. He is forever watching the game around him and his unwillingness to commit passes prematurely and lose possession is as valuable an asset as when he does spot an opening.

Ultimately, while Carrick can have few regrets about his illustrious career, England fans and management alike can have plenty. Via West Ham, Spurs and United, the Wallsend-born émigré has earned his billing as one of the most gifted midfielders of his generation, but he’d never let on.

Rohan Banerjee is a Special Projects Writer at the New Statesman. He co-hosts the No Country For Brown Men podcast.