Law and religion round-up – 14th January

Reforming the coronial system, school lunches in France, smacking children in Wales, screening Star Wars in Stornoway – 2018 is in full swing…

…and following that comment directed at certain countries by President Trump (referred to by the BBC as “a disparaging remark”), the Revd Jody Stowell suggested that many vicars would be pondering whether they can quote him verbatim in their Sunday sermon. Baroness Jenkin of Kennington was not so constrained in the Thursday HL debate on Social Media. Prefaced by “please, my Lords, forgive the unparliamentary language and block your ears if you are sensitive or easily offended”, she repeated offensive comments made to Tory candidates during the last election; Hansard reported her speech without resort to circumlocution or asterisks.

Coroners

In Inertia on inquests, Joshua Rozenberg returns to the question of the disappearance of the review of coroner services launched by the MoJ in October 2015. Everyone assumes that the overwhelming response Continue reading

Law and religion round-up – 31st December

and so, as the reality of the Article 50 of time confronts the fantasy of “excruciating detail”, we round off another year of L&RUK with a miscellany of recent news…

What the rule of law is really about

On 22 December, the First President of the Supreme Court of the Republic of Poland, Professor Dr Małgorzata Gersdorf, published an open letter on the recent reforms of the judiciary. President Andrzej Duda has signed into law two bills reforming the Supreme Court and the National Council of the Judiciary: one allows politicians to choose members of the judiciary council, which appoints judges and the other, by lowering the retirement age for Supreme Court judges, would remove about 40 per cent of the current Court.

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Alternative cremation option “on hold”

Doubts raised on use of new process in West Midlands

On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains. Readers will recall last week’s post on the Law Commission’s 13th Programme of Law Reform on the 14 projects that the it will look at over the next three years. One of these was “A Modern Framework for Disposing of the Dead” Continue reading

Law Commission Review: 13th Programme of Law Reform

On 14 December, the Law Commission announced that leasehold, trust law, smart contracts and chancel repair liability are among the 14 projects that the Law Commission will look at over the next three years. A number of these projects are associated with “law and religion” and related issues, including: Continue reading

Law and religion round-up – 19th November

A week in which Aussies voted in favour of same-sex marriage, a report on charity trustees confirmed what we already knew and the C of E ran into an unexpected storm…

New research on charity trustees in England and Wales

The Charity Commission has published a report into trusteeship, Taken on Trust: the Awareness and Effectiveness of Charity Trustees in England & Wales which calls for changes in the way boards are recruited and supported. The report, which is based on research carried out by a team led by Professor Stephen Lee, of the Cass Business School, concludes that there are 150,000 fewer trustees in England and Wales than was previously believed, that payment of trustees remains relatively rare, with only 2,000 charities – 1.6 per cent – paying their trustees, and that boards of trustees are still disproportionately middle-class, white, male and elderly. [Full disclosurethis item is written by a white, male, elderly, middle-class charity trustee…] Continue reading

Aspects of burial law from Brady’s funeral judgment

Some issues raised in the recent judgment

On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.  Continue reading

Law and religion round-up – 5th November

A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on…

Victimisation and public interest disclosure in school

In Miss S Bi v E-ACT (England and Wales: Public Interest Disclosure: Race Discrimination: Religion or Belief Discrimination) [2017] UKET 1304471/2015, the ET upheld the claim of Ms Suriyah Bi, a Muslim teaching assistant, that her dismissal  constituted victimisation under ss.27 and 39 Equality Act 2010 Continue reading