Law and religion round-up – 21st January

The Irish Parliament wrestles with abortion law and, as the new Dean is installed at Peterborough, the Church of England wrestles with cathedral governance 

The Irish abortion debate

Last week, Dáil Éireann considered the report of its Joint Committee on the Eighth Amendment of the Constitution in light of the recommendation of the Citizens’ Assembly than the constitutional ban on abortion should be repealed. Continue reading

Law and religion round-up – 24th December

And before you settle down to turkey, mince pies, crackers and possibly Mrs Brown’s Strictly Come Bake-off Yuletide Special, a bit of law… 

Undue spiritual influence again

Lutfur Rahman, a non-practising solicitor who had formerly been a partner at McCormacks Law, is the former Mayor of Tower Hamlets who In 2015 was found guilty by an election court of illegal and corrupt practices and barred from holding office for five years. We reported the case here because one of the issues in Erlam & Ors v Rahman & Anor [2015] EWHC (QB) 1215 was “undue spiritual influence”. Continue reading

Law and religion round-up – 19th November

A week in which Aussies voted in favour of same-sex marriage, a report on charity trustees confirmed what we already knew and the C of E ran into an unexpected storm…

New research on charity trustees in England and Wales

The Charity Commission has published a report into trusteeship, Taken on Trust: the Awareness and Effectiveness of Charity Trustees in England & Wales which calls for changes in the way boards are recruited and supported. The report, which is based on research carried out by a team led by Professor Stephen Lee, of the Cass Business School, concludes that there are 150,000 fewer trustees in England and Wales than was previously believed, that payment of trustees remains relatively rare, with only 2,000 charities – 1.6 per cent – paying their trustees, and that boards of trustees are still disproportionately middle-class, white, male and elderly. [Full disclosurethis item is written by a white, male, elderly, middle-class charity trustee…] Continue reading

First Nation Canadians, sacred sites and judicial review: Ktunaxa

The Supreme Court of Canada has handed down judgment in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) 2017 SCC 54 (CanLII), dismissing a challenge to the construction of a ski resort in an area in British Columbia of particular spiritual significance to the Ktunaxa Nation. Continue reading

Second Church Estates Commissioner’s questions, 26 October

Yesterday, 26 October, the Second Church Estates Commissioner, Dame Caroline Spelman, answered oral questions in the House of Commons [links available from here].

In answer to a question from Helen Goodman (Bishop Auckland) (Lab) on the vexed issue of the closure of the Heritage Lottery Fund strand for listed places of worship, she said that the Church still regretted the decision by the HLF to close the Grants for Places of Worship Scheme but that the Church Buildings Council was in close discussion with the HLF about a way forward. Continue reading

Another Romanian church property dispute: Orăştie

Yet another property dispute between the Romanian Greek-Catholic Church and the Romanian Orthodox Church.

In Orăştie Romanian Greek Catholic Archpriesthood United to Rome and Orăştie Romanian Greek Catholic Parish United to Rome v Romania [2017] ECHR 913 [in French], the applicants sought the restitution of their church, which had been expropriated by the Communist regime and handed over to the Orthodox in 1948. They were unsuccessful before the domestic courts [7-17], the High Court of Cassation and Justice noting that 90.71% of the population of Orăştie was Orthodox and 1.02% Greek-Catholic [16]. Continue reading