Law and religion round-up – 30th April

Parliament was prorogued on Thursday ahead of dissolution on 3 May …

… but first, 

… there were several key pieces of legislation, of which there is a full list in Hansard, here.

Among the bills that survived the pre-Election frenzy, a truncated Finance Bill left out the trigger to start HMRC’s ‘Making Tax Digital’ initiative, no doubt to the relief of small charities everywhere. But it will almost certainly be back on the agenda in due course, whatever the election result.

Parliament also passed the Northern Ireland (Ministerial Appointments and Regional Rates) Bill: a piece of emergency legislation which retrospectively resets the “14-day clock” in the Northern Ireland Act 1998 that expired on 27 March and replaced it with a 108-day grace period ending on 29 June. The duty on the Secretary of State to set a date for a new Assembly election is therefore suspended, at least for a period, and he can continue negotiations over power-sharing. Continue reading

Differing perspectives on pew replacement

Further thoughts on the “chairs vs pews” debate

Last year, our August post, Pews, perceptions and practicalities, offered some thoughts on the “chairs vs pews” debate. The recent judgment on the reordering of St Margaret’s in Rainham, Kent, has prompted further consideration, this time concerning the media’s selective reporting and interpretation of consistory court judgments, as well as other related issues. Continue reading

Church registration in Hungary: Magyarországi Evangéliumi Testvérközösség

The ECtHR has handed down judgment on the issue of just satisfaction for Hungary’s violation of the Convention rights of Magyarországi Evangéliumi Testvérközösség [The Hungarian Evangelical Brotherhood].

Background

The Evangelical Brotherhood has been active since 1981. Prior to the adoption of the new Church Act that came into force in January 2012, religious communities had been registered as Churches and received state funding. Under the new law, aimed at problems relating to the exploitation of state funds by certain Churches, only a number of recognised Churches continued to receive funding: all other religious communities – the Evangelical Brotherhood included – lost both their status as Churches and the corresponding benefits. They were, however, free to continue their religious activities as associations. Continue reading

UKIP, niqabs, burqas – and bans

UKIP has made a commitment in its Manifesto to ban the public wearing of the burqa and niqab. Speaking on the BBC’s Andrew Marr Show on Sunday, UKIP’s leader, Paul Nuttall, said wearing a burqa or niqab in public was a barrier to integration and a security risk and that Muslim women who defied the ban would face a fine. Somewhat counter-intuitively, he also told Andrew Marr that “Manfred Weber, who’s the leader of the biggest group in the European Parliament, is now talking about an EU-wide ban. We can either be on the curve on this or behind the curve.” UKIP also proposes to outlaw sharia in the UK, though Nuttall told Marr that there were no proposals to ban Jewish religious courts because the Jewish population was smaller than the Muslim population.

All of which is interesting. A general ban on face-covering in public would no doubt survive a challenge at Strasbourg and probably at Luxembourg as well: see S.A.S, Achbita and Bougnaoui. There is, however, a slight snag with a UK-wide ban: Continue reading

Law and religion round-up – 23rd April

A week dominated by…

…the General Election, June 2017

On 18 April we published a short post on the announcement by the Prime Minister of her intention to move a motion for an early election in the House of Commons on the following day, under the provisions of the Fixed-term Parliaments Act 2011. The House of Commons Library immediately published a helpful short guide to the election, and for anoraks, it answers the question: Will the Manchester Gorton by-election go ahead? vide infra. The House of Commons Library has also produced a briefing on the Fixed Term Parliaments Act.

On 12:57 pm on 19 April, the Prime Minister moved “That there shall be an early parliamentary general election”. [HC Hansard, 19 April Vol 624 Col 681]. After a 90-minute debate, the House divided: Ayes: 522; Noes: 13.  Continue reading