Law and religion round-up – 25th June

Factual rather than “patriotic” coverage of the week’s events…

EU-UK Brexit talks

Whilst it is premature to comment extensively on the Brexit talks between the UK and the EU, one outcome of Monday’s meeting was agreement on the EU’s insistence on “sequencing”. Article 50 TFEU envisages two agreements: an exit agreement concerning issues relating to the departure of the UK from the EU and an agreement on future relations, which for the UK essentially means trade. David Allen Green comments: ”The UK want(ed) both to be negotiated together, in parallel. The EU wanted a number of preliminary issues discussed before the parties moved on to discussing future trade relations”. The UK’s insistence on “sequencing” was likely to be, in the words of David Davis, “the row of the summer”. However, the EU chief negotiator, Michel Barnier, stated:

“In a first step, we will deal with the most pressing issues. We must lift the uncertainty caused by Brexit. We want to make sure that the withdrawal of the UK happens in an orderly manner. Then, in a second step, we will scope our future relationship.”

This was confirmed by the Department for Exiting the European Union.

The Queen’s Speech and the Great Repeal Bill

The Government’s intention as announced in the Gracious Speech on Wednesday is that the (evidently no longer “Great”) Repeal Bill will allow for a smooth and orderly transition as the UK leaves the EU, ensuring that, wherever practical, the same rules and laws apply after Brexit as before it. The Bill will: Continue reading

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

Newsflash: NI Court of Appeal allows humanist wedding to proceed

The Northern Ireland Court of Appeal has granted interim authority for the humanist wedding of Laura Smyth, alias Lacole, and  Eunan O’Kane to proceed this week and be given legal recognition. 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

Humanist wedding in Northern Ireland – temporary authorisation granted

In Re an application by Laura Smyth for Judicial Review, Colton J has quashed the General Register Office’s decision to refuse an application for authorisation for a humanist marriage in Northern Ireland on the grounds that the refusal breached the applicant’s ECHR rights. He ordered the GRO to grant the application, which would give temporary authorisation for a humanist celebrant to perform a legally valid and binding humanist wedding ceremony. 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

Law and religion round-up – 28th May

A very, very sad week – and not one for flippant straplines…

The atrocity in Manchester

The appalling news from Manchester is beyond words. How society might react to it, however, is a legitimate matter for concern: there have already been calls in the social media for mass internments (of whom, precisely?) – and worse. Possibly one of the most measured reactions on Twitter was from Adam Wagner:

“1/ A few thoughts on the horrendous terror attack on my brilliant home town of .

2/ Terrorism isn’t just senseless violence. It has a purpose, which is to terrorise us. We, the public who watch in terror, are victims too.

3/ It’s totally natural to respond to terror with fear, anger, sometimes even a need for revenge; an ‘eye for an eye’. That’s what they want.

4/ The very best human societies are open, tolerant, multicultural. Terrorism makes us close up, retreat into our safe, small groups.

5/ In times of fear and retreat we must trust the rule-based system we build in better times. It’s insurance against our worst natures.”

Church of Scotland on same-sex marriage

The General Assembly of the Church of Scotland has agreed in principle to the report of its Theological Commission, An Approach to the Theology of Same-Sex Marriage. Continue reading