Law and religion round-up – 2nd April

We managed to avoid initiating or endorsing “fake news” on April Fool’s Day…

…although we did enjoy Bishop Paul Bayes’ tweet: “Anglican news: Sodor & Man annexes @LivDiocese. Bp of Warrington invokes Article 50. @paulbayes flees, demands Methodist/CofE citizenship“. However, at L&RUK we will continue to report on issues relating to Brexit, which has tended to attract “fake news” and misinformation from both sides.

Talking of which … Brexit

The Brexit process began on Wednesday, when the UK Ambassador to the EU, Tim Barrow, handed over the Prime Minister’s formal letter of notification under Article 50 TEU to the President of the European Council. Continue reading

Bishop of Loughborough – clarification for the media

Bishop Martyn’s guide for the media

In order to clarify some of the incorrect assumptions circulating in the media following Harriet Sherwood’s article Church of England to create bishop for minority ethnic community in The Guardian on 27 March, The Rt Revd Martyn Snow, Bishop of Leicester, has posted the following clarification. Continue reading

Bishop of Llandaff – review announced

On Tuesday 28 March, Christian Today reported that following a complaint by five members of the Electoral College of the Church in Wales concerning the ‘deeply inappropriate’ references which were made to The Very Reverend Dr Jeffrey John’s homosexuality when considering his nomination as Bishop of Llandaff, a formal investigation has been launched into the process; a legal panel chaired by a judge will decide whether to scrap the decision not to take Dr John’s nomination forward. Continue reading

The Bishop of the River of Hippopotamuses and the Archbishop of Cape Town

In a guest post, David Scrooby, an attorney of the Republic of South Africa, discusses a highly unusual recent case – the first of its kind in over 150 years… 

Introduction

The case of Bishop Mlibo Ngewu v The Anglican Church of Southern Africa and Ten Others [2016] ZAKZPHC 88 is about the first canonical trial of a Bishop in Southern Africa since that of Bishop Colenso in 1864. The judgment of Her Ladyship Sharmaine Balton J, handed down in the KwaZulu-Natal High Court in Pietermaritzburg on 6 October 2016, may not have the impact of that of the Privy Council in 1865 (to which Colenso appealed) or the canonical depth of that of the South African Labour Court in Cape Town in Church of the Province of Southern Africa, Diocese of Cape Town v Commission for Conciliation, Mediation and Arbitration and Others [2001] ZALC 141. However, the judgment is important in a number of respects. Continue reading

How not to depose an Anglican bishop in Australia: Slater

Background

The former Bishop of Grafton, Keith Slater, resigned on 17 May 2013 and retired to the Diocese of Brisbane. In 2015 under the terms of the Diocese of Grafton’s Professional Standards Ordinance 2004 (the “2004 Ordinance”), his successor, Bishop Sarah Macneil, deposed him “from Holy Orders in the Anglican Church of Australia” in accordance with the recommendation of the Professional Standards Board of the Diocese of Grafton [4]. The matter ultimately came before the Appellate Tribunal of the Anglican Church of Australia, in Appeal of Keith Francis Slater [2017] 19 January. It’s an unusual judgment.

Continue reading

Law and religion round-up – 6th November

A week in which everything else paled into insignificance beside… 

…Brexit: a spanner in the works

The big news of the week was that a max-strength Divisional Court of Queen’s Bench [Thomas LCJ, Etherton MR and Sales LJ] ruled in R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) that the Government has no power under the Crown Prerogative to trigger the Article 50 process for withdrawal from the European Union without the prior approval of Parliament. Unsurprisingly, a Government spokesperson said that HMG was “disappointed” with the outcome. Equally unsurprisingly, the Government is to appeal to the Supreme Court.

The Prime Minister said subsequently that she was “confident” that the Government would win the appeal. But presumably the Government was “confident” of winning at the initial hearing…

Subsequent events

Following the High Court ruling, a number of commentators have suggested that this could result in the Prime Minister calling a “snap election”. However, that possibility  is now governed by the Fixed-term Parliaments Act 2011 introduced by the Cameron administration; S2 requires the resolution of a motion of no confidence in Her Majesty’s Government, or a motion for an early parliamentary election supported by two-thirds of the membership of the House of Commons (including vacant seats). Furthermore, the option of repealling the 2011 Act is no simple matter, as explained by Lord Norton; he suggests that whilst this is possible, it is not necessarily simple, or politically feasible.

Barristerblogger, Professor Mark Elliott and others noted that In the wake of the dramatic Article 50 judgment, various Brexiteers have been venting their feelings. On 5 November, the Bar Council, the representative body of all barristers in England & Wales, passed a resolution calling on the Lord Chancellor to condemn the recent attacks on the judiciary. A measured summary of the situation has been produced by Harry Bingham, eldest son of the late Lord Bingham, in an open letter to Liz Truss.  A brief statement was issued by the Ministry of Justice on Saturday afternoon, but this stopped short of condemning attacks on senior judges over the Brexit ruling.

The Supreme Court has indicated that it will hear the government’s appeal over 4 days during the week of 5 December with a larger than usual panel of judges. We suspect that Ms Truss’s cursory dismissal of the media attacks will be further tested in the run-up to the UKSC hearing, and afterwards.

Abortion – or its absence – in Northern Ireland

In Northern Ireland, unlike the rest of the UK, abortion is only allowed if a woman’s life is at risk or there is a permanent or serious risk to her physical or mental health. On Wednesday, an appeal began in the Supreme Court against the judgment in R (A (A Child) & Anor) v Secretary of State for Health [2015] EWCA Civ 771, in which the appellants were a girl, A, and her mother, resident in Northern Ireland. Continue reading