Law and religion round-up – 26th March

A week in which events were totally overshadowed by the attack in Westminster

A thoughtful consideration of those events from an insider’s point of view was presented by the Rt Revd Nick Baines, Bishop of Leeds, in his Yorkshire Post article From a Palace of democracy to an Abbey of prayer, the best and worst of humanity, written just two hours after the end of the lockdown of parliamentarians and others, who had been transferred to Westminster Abbey.

Progress on Brexit

Prior to the Commons consideration of the Pension Schemes Bill [Lords] and the subsequent adjournment and lockdown of the parliamentary estate, a first reading was given to Tim Farron’s Ten Minute Rule Bill, Terms of Withdrawal from the European Union (Referendum). A second reading was scheduled for Friday 12 May – although its chances of becoming law are zero. Continue reading

Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading

French laïcité and the terrorist attacks

The following editorial by Pierre-Henri Prélot, of the Université de Cergy-Pontoise, appears in the latest Newsletter of ICLARS (the International Center for Law and Religion Studies) and is reproduced here with permission.

The French system of laïcité is often described as being quite intolerant towards religions and thereby reluctant to guarantee their freedom in the public sphere. It is quite a common criticism, and it is regularly expressed by (some) French religious authorities, as well as by foreign observers – who can hardly understand how freedom of religion can constitutionally be granted on the basis of what they consider to be the opposite principle. Continue reading

Newsflash: Commons urgent question on religious clothing in the workplace

We understand that there is to be an Urgent Question in the Commons after Question Time today, 15 March, on the impact of the CJEU judgments in Achbita and Bougnaoui on wearing religious clothing in the workplace. We shall report it as soon as the uncorrected Hansard is available on the Commons website.

The CJEU & hijabs at work: Achbita and Bougnaoui

The CJEU Grand Chamber has handed down preliminary rulings in the Belgian and French hijab cases.

The Court has leaned towards the employer in Achbita but towards the employee in Bougnaoui – reflecting the opinions of the two Advocates General.

Background: Achbita

G4S Secure Solutions NV is a Belgian company that provides security, guarding and reception services. Samira Achbita, a Muslim, worked as a receptionist for G4S and after three years she insisted that she should be allowed to wear a hijab at work. G4S prohibits employees from wearing any visible religious, political or philosophical symbols at work and, consequently, dismissed her. The Belgian Cour de Cassation/Hof van Cassatie, before which her wrongful dismissal appeal is pending, asked the CJEU for a preliminary ruling clarifying the prohibition under EU law of discrimination on the grounds of religion or belief, as follows: Continue reading

Law and religion round-up – 18th December

Brexit, Brexit, yet more Brexit, IICSA soldiers on – and the Joint Committee on Human Rights turns a beady eye on suspending the ECHR in times of conflict

Brexit

Robert Craig, of the LSE Law School, has produced an extraordinarily helpful summary of the proceedings before the UKSC in Miller v Secretary of State for Exiting the European Union:

  • Day 1: Initial Statement and the Attorney General.
  • Day 2: James Eadie QC, the Advocate General for Scotland, the Attorney General for Northern Ireland and Lord Pannick QC.
  • Day 3: Lord Pannick QC, Dominic Chambers QC, David Scoffield, Ronan Lavery QC and the Lord Advocate.
  • Day 4: the Lord Advocate, Richard Gordon QC, Helen Mountfield QC, Manjit Gill QC, Patrick Green QC, Advocate-General for Scotland and James Eadie QC.

Brexit – II

Whilst government continues to struggle with the meaning of “Brexit”, the word has now entered the Oxford English DictionaryContinue reading