EU Court of Justice Ruling: Religious Signs

Lord Singh of Wimbledon Excerpts

Wednesday 15th March 2017 Lords Chamber

[Baroness Williams of Trafford]

I shall deal with the latter point precisely: yes, we will protect and uphold the freedoms that have been allowed in this country, as we always have done. It will not affect our domestic law. The noble Baroness is also right that when a judgment such as this is made, it is then referred to the national courts—in this case, the courts of France and Belgium—and it is up to them to interpret within their laws what the judgment means. As far as this country is concerned, nothing changes.

[Lord Singh of Wimbledon (CB)]

My Lords, I thank the Government for the clarity and forcefulness of the Statement protecting religious minorities. The law in Europe seems to be in a mess because of the two conflicting judgments. They are conflicting because if the Human Rights Council says that people have the right to manifest their religion, that should be absolute. Otherwise, it becomes very difficult. Who decides? In France and Belgium, the Governments overrule that judgment. Sikh schoolchildren cannot go to a public school with a turban and people who want a passport photo have to take their turban off. This is just absurd. I do not know whether there is anything the Government can do to explain that absurdity to those in Europe.

[Baroness Williams of Trafford]

We do not consider that the two are inconsistent in terms of the European Court of Human Rights judgment. Sorry—I have got the wrong end of the stick. The noble Lord is correct in one sense that the CJEU judgment could conflict with the laws of the states—that is, France and Belgium. It not seeking to make the law for those countries. It is sending the case back to them for domestic consideration. In that sense, I do not see inconsistency, but I know exactly what the noble Lord is driving at.