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Atheist victory on council prayers

11:05, Feb 10 2012

 

A test case bid to outlaw prayers before local council meetings has been won by the National Secular Society and an atheist councillor.

They challenged the practice of Bideford Town Council in Devon of having religious prayers on meeting agendas.

Mr Justice Ouseley, sitting in London, ruled: "The saying of prayers as part of the formal meeting of a council is not lawful under section 111 of the Local Government Act 1972, and there is no statutory power permitting the practice to continue."

The legal challenge was launched in July 2010 after the society was contacted by Clive Bone - a non-believer who was then a Bideford councillor. Mr Bone later left the council because of its "refusal to adjust" its prayer policy.

Society lawyers argued that council members who were not religious were being "indirectly discriminated against", in breach of human rights laws. But the case was not won on human rights grounds, but on a point of statutory construction of local government legislation.

Later Simon Calvert, of the Christian Institute, described the ruling as "bizarre".

He 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."

The judge gave the town council permission to appeal. He made two formal declarations in order to sum up the effect of his landmark ruling which will affect local councils up and down the country.

He 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."

But he added in a second declaration: "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."

 

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