Is a foreign polygamous marriage valid in Ireland? HAH v SAA & Ors

We tend not to encroach into Ireland, but we thought it worth reporting a recent case on the status in Irish law of a polygamous marriage contracted validly in Lebanon.

The background

HAH, the husband, was a recognised refugee and naturalised Irish citizen who had contracted marriages with two women in Lebanon in accordance with Lebanese law. Continue reading

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 – 11th June

A week dominated by the last gasp of the General Election campaign and the same-sex marriage vote in the Scottish Episcopal Synod…

You’re joking – not another one?

The UK finally struggled to the polls after what seemed an interminable campaign. After the Brexit referendum, every commentator seemed to be an expert on constitutional law; after Thursday’s vote, it’s now time for “hung parliament” expertise, to which we would look towards the Commons Library Briefings here. In brief:

“Hung Parliaments may result in formal coalition agreements, or government by a minority administration by way of a ‘confidence and supply’ arrangement. If no party or group of parties is able to form a government, a further general election might be triggered under the Fixed-term Parliaments Act 2011. It is possible that over the lifetime of a Parliament, two or more of these options might occur”. Continue reading

Law and religion round-up – 14th May

Reciprocal heresy trials”, an episcopus vagans and Matthew 6:3

At the end of a week of fast-moving events following the consecration in Newcastle of the Revd Jonathan Pryke as a “bishop in the Church of God” by the Presiding Bishop of the Reformed Evangelical Anglican Church of South Africa (REACH-SA), here, here, and elsewhere, we are left with little clarity on how events will be progressed by GAFCON, GAFCON-UK, AMiE or even the Church of England, which – no doubt wisely – has adopted a low-key approach to the situation.

The piecemeal release of statements &c has been followed by commentators, and many identifying themselves as evangelicals have been critical of the initiative and of the organizations concerned: Order! Order!”: Reflections on The Jesmond Consecration, Andrew Goddard, FulcrumShould evangelicals be embarrassed by Newcastle?, Ian Paul/Peter Carrell, Psephizo; and Why now? The deeply strange timing of the renegade conservative Anglicans, Andy Walton, Christian Today. Legal issues have been addressed by Andrew Goddard’s observations, supra, and Philip Jones’ piece A Rogue Bishop.   

[Update: This evening, Thinking Anglicans included a copy of the Q and A document handed out in the morning at Jesmond Parish Church about its reasons for the episcopal consecration. Legal issues are not addressed, although it states inter alia [emphasis added]:

“such [New Style] bishops need to be faithful to 1) the biblical miracles of the virginal conception of Jesus and his Resurrection and empty tomb; 2) the biblical ethic that sex should be reserved for lifelong heterosexual monogamous marriage; and 3) the biblical principle that means bishops should be male – all issues in the North East in recent years“.

[…]

“the aim is not to create a new denomination. No! This is one small but necessary step on behalf of faithful Church of England ministers and congregations nationwide in our mission to the nation. This is not a step of ‘leaving the Church of England’ It is the theologically liberal bishops and clergy that have ‘left the Church of England’ doctrinally. This is a step to preserve the Church of England’s heritage and mission which we have received”.]

A report in Christian Today on 9 May commented, “The Archbishop of York … is being kept informed but is yet to make a formal response”. We await developments with interest.

More about bishops

Following its final meeting in Dublin in 2016, Members of the Colloquium of Anglican and Roman Catholic Canon Lawyers held a reunion at the Venerable English College in Rome on Wednesday evening 10th May. Continue reading

Blasphemy, the Irish Constitution and Stephen Fry

So, rarely being one to shirk a challenge, here goes.

The (fairly) new law of blasphemy in Ireland is in the spotlight after media reports that the Gardaí have launched a blasphemy probe into comments made by Stephen Fry in 2015 on the television show The Meaning of Life. (See, for example, the Irish IndependentWhy is Stephen Fry being investigated by gardaí for blasphemy and what happens next?) Continue reading

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

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