English marriage law discriminates against minorities – celebrants could change that

In an article cross-posted with permission from The ConversationVishal VoraTeaching Fellow in Law at SOAS, University of London, highlights a growing problem… 

Getting married is a major life event. Not only is it a public affirmation of one person’s commitment towards another but it also results in significant life-changing obligations. The marriage ceremony should mean something to both people, as well as being valid and enforceable in law. But at the moment, English law does not allow all citizens to get married in a way that meets their needs. Continue reading

Law and religion round-up – 29th January

An extraordinarily busy week dominated by Brexit – and just how many more times will we find ourselves saying that?

Brexit and the Supreme Court

Although we steadfastly avoided predicting the outcome of the Supreme Court appeal in the Brexit cases, we were not at all surprised either at the result or that it was an 8/3 split decision. We do not intend to add to the already a mass of analysis on the legal blogs by commentators much more expert than we are; they have been summarized by Robert Craig on the Constitutional Law Group site: Miller: An Index of Reports and Commentary. Continue reading

Law and religion round-up – 22nd January

A fairly quiet week for the blog, but certainly not for politics…

Brexit

On Tuesday, the Prime Minister unveiled her plans for Brexit – or at least her desiderata. We summarised the main points here. To describe reactions as “mixed” is something of an understatement.

Northern Ireland elections

As expected, the power-sharing Executive in Belfast duly collapsed. Minutes after the deadline for a nomination to replace Martin McGuinness as Deputy First Minister had passed, the Secretary of State for Northern Ireland, James Brokenshire, announced that elections for Stormont would take place on 2 March. Continue reading

Law and religion round-up – 4th December

A week dominated by arguments about public religious manifestation and, inevitably, the fallout from the Brexit vote – of which much, much more to come… 

Reasonable accommodation in the workplace?

On 30 November at Prime Minister’s Question Time, Theresa May said in reply to a question from Fiona Bruce (Congleton) (Con), that

“We have a very strong tradition in this country of religious tolerance and freedom of speech, and our Christian heritage is something we can all be proud of. I am sure we would all want to ensure that people at work do feel able to speak about their faith, and also feel able to speak quite freely about Christmas.”

Perhaps coincidentally, the past week saw two publications on manifestation. Continue reading

Should yoga instructors have formal qualifications?

There are currently no official qualifications required to become a yoga instructor in the UK and there is a debate about whether or not regulation is needed to protect the public from incompetent teachers. The sector skills council for active leisure, learning and wellbeing, SkillsActive, is consulting over the next twelve months about creating a national occupational standard (NOS) to set a sector-wide minimum for yoga teaching in the UK. Continue reading

Public holidays, religion and the law

On Monday 21 July, a Westminster Hall debate considered the e-petition relating to making Eid and Diwali public holidays.  This e-petition is due to close on 8 August 2014, and at the time of the debate had attracted 122,991 signatures, the largest e-petition that has come to central Government since e-petitions began in August 2011 [1].  The Department for Business, Innovation and Skills issued the following response after the 10,000 signature threshold had been exceeded:

“The Government is grateful for this e-petition. We are very aware of the importance of these festivals which are widely celebrated in the UK. The Government is committed to bringing people together in strong, united communities. We encourage and support people to have shared aspirations, values and experiences. Festivals such as Eid and Diwali contribute to this objective.

We regret however that we cannot agree to create new bank or public holidays to mark these festivals. The Government regularly receives requests for additional bank and public holidays to celebrate a variety of occasions including religious festivals. However the current pattern is well established and accepted. Whilst we appreciate a new national holiday may benefit some communities and sectors, the cost to the economy remains considerable and any changes to the current arrangements would not take place without a full consultation.”

The pressures on the parliamentary timetable before the summer recess [2] required that, unusually, the debate was held in Westminster Hall on a Monday afternoon, for if scheduled otherwise the petition would have fallen and no debate would have taken place.  In another twist of fate, the time scheduled for the debate coincided with a debate in the Commons on Ukraine (Flight MH17) and Gaza, [HC Hansard 21 July 2014 Vol 584 Col 1149], and the photograph in the BBC report indicate a near total absence of parliamentarians or public.  Nevertheless, the circumstances and the content of the debate explore important aspects of religious holidays and the e-petition process itself.

Bank and Public holidays in the UK

Although the terms “bank holiday” and “public holiday” are used interchangeably, there are important legal differences.  Bank holidays are holidays when banks and many other businesses are closed for the day, whereas Public holidays (or “Common law holidays”) are those which have been observed through custom and practice.  The Banking and Financial Dealings Act 1971 provides the statutory basis for Bank Holidays.  Replacing the earlier Bank Holidays Act 1871, it is essentially a financial provision:

“to confer power to suspend financial and other dealings on bank holidays or other days, and to amend the law relating to bills of exchange and promissory notes with reference to the maturity of bills and notes and other matters affected by the closing of banks on Saturdays, and for purposes connected therewith”.

Schedule 1 to the Act names four statutory bank holidays for England, Wales and Northern Ireland [3], and each year, there are two further holidays by Royal proclamation under the provisions of the Act [4].  The only holidays which coincide with the feast day of a major Christian festival are the “common law” holidays on Christmas Day and Good Friday.  Although “Easter Monday” is clearly associated with the events of the preceding days, it is not celebrated as part of Holy Week and is a remnant of former post-Easter week of secular celebration which was reduced to one day in the 19th century.

Comment

In view of the earlier BIS response to the petition, it was quite clear that the government was unlikely to concede additional bank holidays for Eid and Diwali.  However, this could be accomplished within the existing legislation: whilst difficult to justify as “common law”/public holidays, holidays for Eid and Diwali could be proclaimed annually under the 1971 Act, a procedure that would take into account for the variability in the dates on which these festivals fall.

The comparability of UK leave entitlement with that in mainland Europe and elsewhere was well covered during the debate, although the costs and benefits of additional holidays bears further consideration.  The CEBR estimate that “the average bank holiday costs the [UK] economy £2.3 billion” is often quoted, although the associated Press Release describes these as “rough and ready calculations”, notes the Department of Culture Media and Sport estimate that the Royal Wedding last year cost the UK £1.2 billion or 0.08% of GDP, and states that “this [the number of bank holidays] is more a social than an economic judgement. Money is not the only thing and a healthy lifestyle needs time off to reflect and relax”. Indeed.

Concluding the debate for the government, Jenny Willott (Cardiff Central) (LD), an Assistant Government Whip, stated [21 July 2014  Vol 584 Col 376WH]

“The Government do not believe there should be a public holiday to mark these two particular occasions.  I know that will disappoint some people, but I am very grateful to my hon. Friend for raising the issue today. It is important that we should be able to discuss it and put on the record the value of the huge diversity and wide range of different faith groups represented in our communities, and the massive contribution they all make to our local communities and to society as a whole.  I thank my hon. Friend for raising the matter today and for his continuing dedication to and support for the work of those communities”.

Whether or not

“people who have been listening to us are at least happy and satisfied that we have debated the matter at length and that all of us have put on the record our belief that the contribution made by faith communities in the UK is critical to the way our society functions”

is another matter.  Clearly not the “positive answer” (or even “positive response”) that Bob Blackman suggested the largest e-petition deserved.  Certainly, squeezing the debate into this odd spot before MPs leave on their 5-week break, raises questions about the rigid bureaucracy associated with the e-petition system. We await to see whether “this debate will be the beginning and not the end.”

_________________________

[1] Public petitions that secure the backing of 100,000 signatures are eligible, though not certain, for debate in Parliament, and as from September 2012, those exceeding the threshold of 10,000 signatures trigger a written response form the government department responsible.

[2] 22 July to 1 September.

[3] Easter Monday; the last Monday in May; the last Monday in August; 26th December, unless it is a Sunday; and 27th December in a year in which 25th or 26th December is a Sunday.

[4] New Year’s Day, (as from 1974); and May Day Holiday, (as from 1978).