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

Municipal cemetery development and the faculty jurisdiction

The boundary between ecclesiastical and statutory legislation

The challenges faced by cemeteries and churchyards in meeting the current shortage of burial space have been considered in earlier posts, primarily in relation to the re-use of graves and more recently in the case of the development of a private cemetery. The recently-reported example of Camberwell Old and New Cemeteries broadens these considerations to the wholesale development of areas of consecrated ground within a municipal cemetery, and the interface between the faculty jurisdiction and secular provisions. Continue reading

Law and religion round-up – 5th March

Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…

Son (or more accurately daughter) of Miller?

Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading

Ecclesiastical court judgments – February 2017

Review of the ecclesiastical court judgments during February 2017

February’s consistory court judgments have included:

In addition, the determinations of two CDM tribunals have been published, and we have published individual posts on the development of a Private Bill in relation to cemetery development, and on the attestation of York Minister Constables in order to give them police powers. Continue reading

Law and religion round-up – 26th February

Opposite-sex civil partnerships, RE, funny handshakes – and some of the media still don’t understand the difference between Brussels and Strasbourg…

Opposite-sex civil partnerships? Not yet

Rebecca Steinfeld and Charles Keidan lost their appeal against the Administrative Court’s refusal to review the Government’s policy on the extension of civil partnerships to opposite-sex couples: see Steinfeld & Anor v Secretary of State for Education [2017] EWCA Civ 81: we noted the decision here. Continue reading

Ecclesiastical Court Judgments – January

Ecclesiastical court judgments reviewed in January 2017

January’s consistory court judgments have included:

In addition, a CDM Tribunal has considered the penalty in Re Gomes and the Rt Revd Donald Allister, Bishop of Peterborough has issued his Visitation Charge to Peterborough Cathedral. Some of these judgements &c have been considered in further detail; see Links to other posts. Continue reading

Plaques, noticeboards and acknowledgements

Faculty jurisdiction and external signage

The commercial relationship between individual churches and external organizations frequently requires the display of clearly visible signage, often outside the church building. This was the substance of the recently-reported Re St Bartholomew Welby [2017] ECC Lei 1, in which the court considered how a grant from the Heritage Lottery Fund (HLF) might best be acknowledged without compromising the appearance of the Grade II* church.

However, this raises broader issues concerning the display of other external notices such as those relating to the application of forensic marking on roofing – a requirement of some insurance providers. Whilst the legislation is clear, one suspects that many such notices are appended to churches without formal faculty approval. Continue reading