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Bideford Town Council prayers ruled unlawful Bideford Town Council prayers ruled unlawful
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A Devon town council acted unlawfully by allowing prayers to be said before meetings, the High Court has ruled.A Devon town council acted unlawfully by allowing prayers to be said before meetings, the High Court has ruled.
Action was brought against Bideford Town Council by the National Secular Society (NSS) after atheist councillor Clive Bone complained.Action was brought against Bideford Town Council by the National Secular Society (NSS) after atheist councillor Clive Bone complained.
Mr Justice Ouseley ruled the prayers were not lawful under section 111 of the Local Government Act 1972.Mr Justice Ouseley ruled the prayers were not lawful under section 111 of the Local Government Act 1972.
However, he said prayers could be said as long as councillors were not formally summoned to attend.However, he said prayers could be said as long as councillors were not formally summoned to attend.
Mr Justice Ouseley ruled that the prayers as practised by Bideford Town Council had been unlawful because there was no statutory power permitting the practice to continue.Mr Justice Ouseley ruled that the prayers as practised by Bideford Town Council had been unlawful because there was no statutory power permitting the practice to continue.
The NSS had argued that the "inappropriate" ritual breached articles 9 and 14 of the European Convention on Human Rights, which protect an individual's right to freedom of conscience and not to face discrimination.The NSS had argued that the "inappropriate" ritual breached articles 9 and 14 of the European Convention on Human Rights, which protect an individual's right to freedom of conscience and not to face discrimination.
'No power'
The society said prayers had no place in "a secular environment concerned with civic business".The society said prayers had no place in "a secular environment concerned with civic business".
However, the case was not won on human rights grounds, but on a point of statutory construction of local government legislation.However, the case was not won on human rights grounds, but on a point of statutory construction of local government legislation.
'Bizarre ruling'
Mr Justice Ouseley said: "A local authority has no power under section 111 of the Local Government Act 1972, or otherwise, to hold prayers as part of a formal local authority meeting, or to summon councillors to such a meeting at which prayers are on the agenda."
The judgement was being seen as a test case which could affect local councils across England and Wales.
By and large, judges have been unsympathetic to the Christian case when people have argued that they don't want to do things like advising homosexual couples.By and large, judges have been unsympathetic to the Christian case when people have argued that they don't want to do things like advising homosexual couples.
The tide has been flowing pretty firmly against Christianity in public life and it's caused huge concerns for the churches. They say it's being driven out of public life.The tide has been flowing pretty firmly against Christianity in public life and it's caused huge concerns for the churches. They say it's being driven out of public life.
There is a lot of concern that this is not just about pure religion but this is about some of the values that underpin the British way of life.There is a lot of concern that this is not just about pure religion but this is about some of the values that underpin the British way of life.
Of course, from the other side, people like the National Secular Society say the Church and Christianity should not have undue privileges in having their values and their way of doing things upheld.Of course, from the other side, people like the National Secular Society say the Church and Christianity should not have undue privileges in having their values and their way of doing things upheld.
So there's an argument on both sides but certainly it's been very noticeable in the last few years that the tide's been turning against Christian practices which we've just taken for granted for centuries.So there's an argument on both sides but certainly it's been very noticeable in the last few years that the tide's been turning against Christian practices which we've just taken for granted for centuries.
Mr Justice Ouseley said: "A local authority has no power under section 111 of the Local Government Act 1972, or otherwise, to hold prayers as part of a formal local authority meeting, or to summon councillors to such a meeting at which prayers are on the agenda."
He told the court: "There is no specific power to say prayers or to have any period of quiet reflection as part of the business of the council."
Referring to Bideford, he said: "The council has on two occasions by a majority voted to retain public prayers at its full meetings.
"But that does not give it power to do what it has no power to do."
The judgement was being seen as a test case which could affect local councils across England and Wales.
Bideford Council had warned if the NSS won its case there could be "far-reaching consequences", including the abolition of the Coronation Oath and councils being prevented from being involved in services of remembrance.Bideford Council had warned if the NSS won its case there could be "far-reaching consequences", including the abolition of the Coronation Oath and councils being prevented from being involved in services of remembrance.
The judge acknowledged the case raised issues of general public importance and gave the council permission to appeal.The judge acknowledged the case raised issues of general public importance and gave the council permission to appeal.
He told the court: "The saying of prayers in a local authority chamber before a formal meeting of such a body is lawful, provided councillors are not formally summoned to attend."He told the court: "The saying of prayers in a local authority chamber before a formal meeting of such a body is lawful, provided councillors are not formally summoned to attend."
Speaking after Friday's outcome, Simon Calvert, of the Christian Institute, described the ruling as "bizarre". 'Elizabethan era'
He said: "We are pleased that the court has said the saying of prayers at meetings does not breach human rights laws. Speaking after Friday's outcome, Simon Calvert, of the Christian Institute, said: "We are pleased that the court has said the saying of prayers at meetings does not breach human rights laws.
"But it is bizarre that they should be declared unlawful because of the 1972 Local Government Act.""But it is bizarre that they should be declared unlawful because of the 1972 Local Government Act."
He added: "The judge's finding that the Local Government Act doesn't give local authorities power to include prayers as part of their formal meetings - we think that's extraordinary.
"I mean we're talking about a practice that goes back to the Elizabethan era.
"And the logic of the judge's ruling may be that it could also be unlawful for a council to start its meeting with the beginning of the national anthem. It may even throw local authorities' Diamond Jubilee celebrations up in the air."
The legal challenge was launched in 2010 after the NSS was contacted by Mr Bone, who was a councillor at the time.The legal challenge was launched in 2010 after the NSS was contacted by Mr Bone, who was a councillor at the time.
Mr Bone, who had tried and failed to have prayers stopped, said he felt "disadvantaged and embarrassed" by the practice.Mr Bone, who had tried and failed to have prayers stopped, said he felt "disadvantaged and embarrassed" by the practice.
He later left the council because of its "refusal to adjust" its prayers policy.He later left the council because of its "refusal to adjust" its prayers policy.