Local Government (Religious etc. Observances) Bill Debate

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Lord Cormack

Main Page: Lord Cormack (Conservative - Life peer)

Local Government (Religious etc. Observances) Bill

Lord Cormack Excerpts
Friday 27th February 2015

(9 years, 2 months ago)

Lords Chamber
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Moved by
Lord Cormack Portrait Lord Cormack
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That the Bill be read a second time.

Lord Cormack Portrait Lord Cormack (Con)
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My Lords, I am delighted to have the opportunity of presenting this Bill to your Lordships’ House. It was piloted through another place with great skill by my honourable friend Jake Berry, the Member for Rossendale and Darwen, with support from all sides of the House of Commons. We are a bit depleted at this stage on a Friday afternoon, but I am particularly glad to see the right reverend Prelate the Bishop of Carlisle here because we began our long Friday, as we begin every day, with Prayers, which were taken today by him and, if I may say so, I think that he always takes our Prayers with a particular grace and dignity. He is helped a great deal by the script, of course, because those immortal words that have been said in this Chamber for nigh on 400 years are among the noblest and most melodious in the English language.

This is a simple measure, very different from the one that occupied your Lordships’ House for so many hours earlier today. It is clear, simple and modest, and it imposes no obligations upon anyone. It merely removes doubt and provides opportunity.

The background to the Bill is that in 2012 a town councillor from Bideford, a Mr Clive Bone, challenged the legality of Bideford Town Council beginning its proceedings with prayers. When he ceased to be a councillor—sadly, I understand that Mr Bone died at Christmas-time—he felt so strongly about the matter that, with the aid of the National Secular Society, he challenged the council in the courts. Mr Bone alleged that Section 111 of the Local Government Act did not give authority for holding prayers. He also alleged that the very act of holding prayers discriminated against him and infringed his human rights. The case went to the High Court and Mr Justice Ouseley ruled against Mr Bone on the latter points. He said that it was not an infringement of his human rights and he had not been unlawfully discriminated against. However—here is the rider, and an important one—Mr Justice Ouseley said that Section 3 of the Local Government Act 1972 did not permit the holding of prayers before a council meeting.

Obviously, there was widespread consternation at this. At the instigation of the Secretary of State, Mr Eric Pickles, in another place, the Government brought into force the general powers of competence under Section 1 of the Localism Act 2011, of which we will all have various memories. It was more than tokenism, because it enabled the Secretary of State to ensure that all principal local authorities in England had the opportunity to begin their proceedings with prayer.

The situation was still unsatisfactory, however: smaller parish councils were not able to confidently begin with prayer, nor were purpose authorities such as fire and rescue services or integrated transport authorities. So the Bill is to put beyond doubt the freedom of all those authorities, parish councils and so on to decide, if they so wish, that they can begin their proceedings with prayer, or indeed with a moment of reflection or meditation. I might say how glad I am that a devout Muslim, my dear and noble friend Lord Ahmad of Wimbledon, is going to respond to this debate from the Government Front Bench; the Bill does not say that the prayers have to be prayers according to the Christian faith. It can be any faith or a period of meditation.

The Bill does another thing. The ruling given by Mr Justice Ouseley threw into doubt the legitimacy of local authorities participating in certain public acts of worship and also made it doubtful whether it was legal for them to do things to facilitate such acts of worship. Of course, one thinks, in particular, of Remembrance Day, when councils very often have to have road closure orders so that the solemnities of that great annual festival of remembrance can be conducted without danger to those who are participating in them.

This is a good, sensible, modest measure. As I said earlier, we begin with Prayers every day, as they do in another place. In the Scottish Parliament, they do not. They begin with Time for Reflection, a sort of thought for the day, which can often be a secular one, but that is because that is what they want to do. I emphasise to your Lordships that this is permissive legislation. There are no obligations. If the town council of Puddleton-in-the-Marsh decides it does not want to begin its meetings with prayers, it does not have to do so. If, on the other hand, it decides that it wants the local vicar, Methodist minister, rabbi or imam to lead it in prayer, that can happen.

Religion plays a very important part in the life of our nation. It is part of the very fabric of our society. I made passing reference earlier to the sonorous words and phrases, particularly of the King James Bible and the Book of Common Prayer, that run through our lives and our history like a golden thread.

In another place, Mr Robert Flello, the Labour Member of Parliament for Stoke-on-Trent South made a very telling remark. He said:

“This measure is so gentle that someone would have to work hard to find any way of taking any sort of umbrage or insult from it”.—[Official Report, Commons, 16/1/15; col. 1136.]

Mr Flello summed up the aims and objectives of the Bill extremely simply, rather movingly and very truly in those words.

I commend this Bill to your Lordships. I hope it will have a swift passage on to the statute book, supported by the Government, the Official Opposition and Members in all parts of your Lordships’ House. I beg to move.

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Lord Cormack Portrait Lord Cormack
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My Lords, I am immensely grateful to the noble Lord, Lord Kennedy, for his endorsement of the Bill and for what he said in a short but telling speech. I am grateful, too, to my noble friend Lord Ahmad of Wimbledon for what he has just said. It is good to have the Government’s support.

How splendidly symbolic it is that in this not exactly overcrowded Chamber we have a Minister who is a Muslim and a government Whip and Minister who is a Hindu. I hope that he will forgive me if I quote him. I remember that soon after he was appointed here we had a brief exchange on whether we should have prayers in your Lordships’ House. I think it occurred on the day he was due to make his maiden speech. He was sitting here, next to me, and said how much he approved of our beginning every day with prayers. I asked, “May I quote you?”. He could not speak because he had not delivered his maiden speech. With his encouragement and permission, I was therefore able to quote the words of a Hindu to the House, which were well received, just as my noble friend has been increasingly well received over the years since. It is good to have this debate in the presence of the right reverend Prelate the Bishop of Carlisle.

I also thank—and I mean this—the noble Earl, Lord Clancarty, because the essence of our debating is that we have different points of view. He was entirely reasonable in the way in which he put his point of view, although I disagree fundamentally with him. All I would say to him is this: when people are elected to an authority—particularly in local authorities—the issue of whether they are a member of the local parish church, synagogue or mosque is generally fairly well known. If they choose—I deliberately emphasise “choose”—to vote for prayers in the local authority to which they have been elected, that is entirely within their rights. If a majority chooses and the individual does not want to go, he or she does not have to go. I say to the noble Earl, please remember that because this is a permissive measure. No obligations are placed on anyone, as I said at the beginning. What it does is place beyond doubt and on a totally legal footing the freedom of any authority—local authority or single purpose authority—to decide what its practice should be. The noble Earl and I share many interests, particularly in the arts. I just say to him, please regard that neither I nor anyone else seeks to impose upon him or anyone else an obligation to do anything or to do nothing.

When we have our prayers in this place, the words of our great prayer, which I quoted the other night when I was giving a lecture at St Michael’s Cornhill in the City, include that most memorable phrase, when we ask that we eschew,

“private interests, prejudices, and partial affections”.

It is beholden on us all to do that: to respect the views of others. If the views of others amount to a majority in favour of prayers, philosophical observance or meditation at the beginning of a meeting, then they must be free to do so without feeling that they will face the penalties of the law.

Bill read a second time and committed to a Committee of the Whole House.