UKIP, niqabs, burqas – and bans

UKIP has made a commitment in its Manifesto to ban the public wearing of the burqa and niqab. Speaking on the BBC’s Andrew Marr Show on Sunday, UKIP’s leader, Paul Nuttall, said wearing a burqa or niqab in public was a barrier to integration and a security risk and that Muslim women who defied the ban would face a fine. Somewhat counter-intuitively, he also told Andrew Marr that “Manfred Weber, who’s the leader of the biggest group in the European Parliament, is now talking about an EU-wide ban. We can either be on the curve on this or behind the curve.” UKIP also proposes to outlaw sharia in the UK, though Nuttall told Marr that there were no proposals to ban Jewish religious courts because the Jewish population was smaller than the Muslim population.

All of which is interesting. A general ban on face-covering in public would no doubt survive a challenge at Strasbourg and probably at Luxembourg as well: see S.A.S, Achbita and Bougnaoui. There is, however, a slight snag with a UK-wide ban: Continue reading

Law and religion round-up – 9th April

“Egg-bound” thinking by Church and State this week…

… but un oeuf is un oeuf, and so no more egg-related puns. However, we certainly didn’t expect the CofE Easter story statement to be about the “Trinity of Chocolate” (Cadbury, Rowntree and Fry). It was left to Dr Michael Sadgrove, Dean Emeritus of Durham, to inject a degree of sanity into the Church’s position in his comments to the Church Times.

Gratefully accepting a gift-horse of a metaphor, the BHA described it as a storm in an eggcup; it was a gift to the cartoonists and bloggers, while Quakers might shed a silent tear for three businesses founded by Friends. Meanwhile, the willingness of Theresa May to wade into this media-generated nonsense emphasized her lack of action on weightier matters. David Tollerton, of Exeter University, suggests that the whole affair is redolent of “dog-whistle politics”: an undercooked mess that feeds English nationalism, while Esther McConnell, a direct descendant of John Cadbury, pointed out in a tweet that, as a Quaker, he didn’t celebrate Easter anyway.

A busy week in the courts Continue reading

Law and religion round-up – 2nd April

We managed to avoid initiating or endorsing “fake news” on April Fool’s Day…

…although we did enjoy Bishop Paul Bayes’ tweet: “Anglican news: Sodor & Man annexes @LivDiocese. Bp of Warrington invokes Article 50. @paulbayes flees, demands Methodist/CofE citizenship“. However, at L&RUK we will continue to report on issues relating to Brexit, which has tended to attract “fake news” and misinformation from both sides.

Talking of which … Brexit

The Brexit process began on Wednesday, when the UK Ambassador to the EU, Tim Barrow, handed over the Prime Minister’s formal letter of notification under Article 50 TEU to the President of the European Council. Continue reading

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