Law and religion round-up – 18th June

And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …

Access for Northern Ireland women to free abortion in England

On Thursday we posted Frank’s analysis of R (A and B) v Secretary of State for Health [2017] UKSC 41 in which the Supreme Court considered:

  • Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
  • Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?

The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. Continue reading

Law and religion round-up – 4th June

Another serious incident in London …

The Labour Party, race and faith

The Labour Party published its Race and Faith Manifesto – which has quite a lot to say about race and ethnicity but not very much specifically about religion other than that Labour “will strengthen our communities’ rights to practice [sic] their religion free from persecution” and “defend the right to wear all forms of religious and other dress of Muslims, Jews, Hindus, Christians, Sikhs and many others”. It does, however, include a specific condemnation of antisemitism and pledges “a review the Prevent programme with a view [to] assessing its effectiveness and potential to alienate minority communities”.

The European Parliament and antisemitism

On Thursday, the European Parliament agreed a resolution urging stronger action against antisemitism across the EU.

Continue reading

Ecclesiastical court judgments – April and May 2017

Over the last two months, only nine new consistory court judgments have been reported. Although most of these relating to aspects of reordering, in Re Fairmile Cemetery Lower Assendon, the illegal practice of “coffin sliding” by the burial authority was brought to the attention of the Oxford consistory court. For completeness, we have also added outline details of an ECtHR case relating to churchyards, the judgment of which will be handed down early in June. In addition to links to our other posts relating to ecclesiastical law, this round-up includes summaries of cases in the following areas: Continue reading

Law and religion round-up – 7th May

Striving always to provide a strong and stable blog rather than a coalition of chaos…

 …following the example set in the House of Commons:

Paul Flynn (Newport West) (Lab): On a point of order, Mr Speaker. You and I are familiar with the syndrome of pre-election tension that afflicts this place. You are concerned for the wellbeing of Members, particularly the hon. Member for Lincoln (Karl McCartney), but I believe that what we have seen today is a sudden outbreak of parliamentary Tourette’s. The rumour is that something known as a “Crosby chip” has been implanted in the brains of Conservative Members that compels them to say “strong and stable” every 18 seconds and “coalition of chaos” every 38 seconds. Can we inquire into whether the affliction is permanent or one that can be cured? 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 selective reporting and interpretation of consistory court judgments as well as other related issues. 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