Public Holidays on Religious Occasions

Martyn Day Excerpts

Monday 29th October 2018 Westminster Hall

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I beg to move,

That this House has considered e-petitions 220501 and 221860 relating to holding public holidays on religious occasions.

It is a pleasure to serve under your chairmanship, Mrs Main. I am pleased to open the debate about this interesting subject on behalf of the Petitions Committee. I thank the House for agreeing to the later start time to accommodate Members attending the Chamber for the Chancellor’s Budget statement, which I was able to hear myself.

I thank the Committee staff in the digital outreach team for their assistance with the consultation work that was conducted in advance of the debate. I am also grateful to the National Council of Hindu Temples UK, the Hindu Council UK, the National Secular Society and over 1,000 individual petitioners, most of whom are Muslim, who responded to the process. They provided me with valuable insights into the subject of public holidays and time off for religious occasions, as well as points and quotes that I will reference further.

Petition 220501 calls for public holidays on Muslim religious occasions and has more than 46,000 signatures. It states:

“This will give an opportunity for Muslim families to get together and share happiness with other religious communities. It is very important for Muslims to celebrate Eid.”

It adds that despite being the second largest UK religion,

“Muslims don’t get a lawful Public Holiday on their two special religious occasions in a year”.

Petition 221860 calls for public holidays on Hindu special occasions and has more than 11,000 signatures. It states:

“It is very important for Hindus to celebrate Diwali…Diwali—Festival of Lights is a major holiday that is also celebrated by Buddhists, Jains and Sikhs.”

It notes that Hinduism is the third largest religion in England but that Hindus do not get a “lawful Public Holiday” on religious occasions. The petition also asks for a public holiday on Dussehra.

Today is Budget day and the more numerate among us may have spotted that today’s petitions have fewer than 100,000 signatures, the threshold normally required for the Petitions Committee to schedule a debate. There are a number of factors for that, not least the absence of any petition over that threshold. When combined, these were among the next largest petitions, representing issues that primarily affect minority groups who may find it difficult to attract 100,000 signatures. The subject has not had a parliamentary debate since 2014 and is without doubt of interest to a significant number of people in the wider public.

It is fair to say that the petitions are essentially about the same issue: establishing public holidays for religious occasions. The Muslim and Hindu faiths are the second and third largest religions in the UK, the first being the Christian faith, which has public holidays during its major religious festivals at Easter and Christmas, as Members will be aware. It is equally fair to point out that the Government response to each petition is the same, stating:

“The Government has no plans to create a public holiday to commemorate religious festivals such as Eid”

and “such as Diwali.” The responses add that the costs are “considerable” and cite the example of the 2012 diamond jubilee holiday, which cost about £1.2 billion. The responses add:

“The Government regularly receives requests for additional bank and public holidays to celebrate a variety of occasions including religious festivals. However the current pattern is well established and accepted.”

I am sure that that will have disappointed the petitioners, but some comfort can be taken from the Government’s comment that:

“The Government is committed to bringing people together in strong, united communities. We encourage and support people to have shared aspirations, values and experiences.”

The responses note that festivals such as Eid, Diwali and Dussehra “contribute towards this objective”.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on introducing the debate. I spoke to him about the subject beforehand; I also discussed it with the Minister in the Tea Room earlier today. As a Christian, I value having public holidays to clearly mark the importance of religious holidays, but I understand that the Government are not disposed towards making that happen. Does the hon. Gentleman agree that, in the strongest terms, employers should work with their employees to accommodate their wishes to take time off to celebrate Eid? Working with employers is probably the best way forward.

[Martyn Day]

I am grateful to the hon. Gentleman for his comments; there is a lot of merit in what he suggests. I looked at various resources online in preparation for the debate, and ACAS gives very good advice to employers. I will address that point later in my speech, but we certainly need to highlight to the wider employing public the requirements to facilitate all religious faiths within the workforce.

I am sure that we all agree with the Government’s comments about trying to encourage greater engagement with communities. However, 87% of respondents to our consultation said that they felt that not allowing time off for religious occasions was discriminatory, while 84% felt that they could not ask for time off work or education for a religious occasion, so there are clearly underlying issues that need to be addressed.

I will start the debate with a range of questions. When are the festivals on which petitioners are requesting public holidays, and why are they important? Why do we have the public holidays that we have? How do we compare with other countries? How do we best achieve social cohesion across our multicultural societies? Last but not least, how do we satisfy the legitimate concerns of the petitioners? I will briefly take each question in turn.

First, when are the festivals on which petitioners are requesting public holidays, and why are they important? All four are moveable feasts; they are based on lunar calendars and are therefore not on fixed dates.

Eid al-Fitr is a Muslim festival that marks the end of the fasting month of Ramadan. It is celebrated on the first day of Shawwal, the 10th month of the Islamic calendar, but in the Gregorian calendar it shifts yearly, falling about 11 days earlier each year. This year, it was on Friday 15 June, while next year it will be on Tuesday 4 June.

Eid al-Adha, the other Muslim festival, is celebrated following the annual pilgrimage—the Hajj—and falls on the 10th day of Dhu al-Hijjah, the 12th month of the Islamic year. This year, it was on Tuesday 21 August; in 2019, it will be on Monday 12 August. The exact timing of each festival, however, is dependent on the sighting of the crescent moon following the new moon.

Diwali is the five-day festival of lights celebrated by Buddhists, Hindus, Sikhs and Jains for a variety of reasons. It usually falls between mid-October and mid-November; it will be on Wednesday 7 November this year and on Sunday 27 October next year. The date is determined by the Hindu lunar calendar.

Dussehra is the Hindu festival that celebrates the victory of good over evil. It occurs on the 10th day of the month of Ashvin in the Hindu calendar; it was on Thursday 18 October this year and will be on Monday 7 October next year. It falls 20 days before Diwali. My thoughts and prayers go out to those who were affected by the Amritsar train accident, which killed 61 and injured many others during this year’s festivities. Sadly, the reporting of this tragedy on TV and in the news was how I learned the details of Dussehra.

The celebration of these festivals is very important to worshippers of the faiths concerned. They represent the most important occasions in their religious calendars. At a time when religious persecution is growing around the world, it is important that we do everything we can to protect people’s freedom to practise their religion or belief.

We can be very proud of the diversity of our nations within the UK. We have a modern multi-faith and multicultural society in which people of all faiths and none can follow their belief systems. However, we can never take that diversity and tolerance for granted, particularly as we have seen increased antisemitism and significant Islamophobia. Just yesterday, The Sunday Times reported on a poll in which 47% of respondents believed that Britain was becoming less tolerant of Muslims.

The Petitions Committee’s public engagement also suggests that things are not as good as they could be. Some 88% of those we engaged with felt that their community had few opportunities to get together to celebrate religious occasions. A large number of general comments that we received focused on fairness, inclusion and the need for religious diversity to be recognised through public holidays, while others spoke about wellbeing and benefits to society and the economy.

The Government’s response to the petitions focuses on the likely costs of holding an additional public holiday. Those costs could be very significant indeed, but they do not reflect the full economic impact because they would be partially offset by increased activity across the leisure, tourism and retail sectors as a result of domestic consumers enjoying time off. Enhancing our global reputation by recognising these festivals also has an unknown potential to attract international tourism.

Many people felt it unfair that although they were forced to take time off at Christmas and Easter, they struggled to get time off to celebrate their own religious festivals. Some 72% of respondents who identified themselves as directly affected said they had been refused time off work or education for a religious occasion. Similarly, 72% felt that their employer was not sympathetic to the request and did not understand its importance. Some of the respondents described the process of asking for time off for a religious occasion as “risky” or

“risking job prospects and growth”.

Many people said they were made to feel guilty for asking for time off to celebrate religious occasions.

The Hindu Council UK points out that without guaranteed time off for religious occasions people are

“penalised financially and spiritually by taking off time and thus losing income and forced to work (or study) at a time when there is a major religious celebration of their faith.”

The National Council of Hindu Temples UK advises:

“What should be a carefree positive celebration becomes tainted and stress laden and the final outcome is diminished”.

Two comments from the consultation, emphasising the issue of inclusion, are illustrative. One contributor said:

“Our government needs to guarantee its citizens the right to celebrate their particular religious festivals in order to make all its religious groups inclusive in modern British society.”

Another said:

“I feel as a British citizen and a tax payer, I should have the right to have my religious day off without having to make me feel that I am not part of this country.”

We clearly have an issue: those are strong arguments that something needs to change.

Why do we have the public holidays that we have? That is an important point to reflect on, before we consider adding new ones or changing existing ones. The original bank holidays were established under the Bank Holidays Act 1871 as days when banks could close and all trade could cease. Across the UK there are now a variety of bank and public holidays. There are eight such days in England and Wales, nine in Scotland and 10 in Northern Ireland. The differences are that in Scotland we have 2 January as a holiday and not Easter Monday, and the first rather than the last Monday in August. We have St Andrew’s day in Scotland, and in Northern Ireland there are St Patrick’s day and the battle of the Boyne commemoration.

Most of those days are determined by statute under the Banking and Financial Dealings Act 1971; some, such as new year’s day in England or the first Monday in May in both Scotland and Northern Ireland, are determined by royal proclamation under the 1971 Act; and some, such as Good Friday and Christmas day in England and Northern Ireland, are common law public holidays. The battle of the Boyne anniversary, proclaimed by the Secretary of State for Northern Ireland, has been a public holiday since 1926. The most recent addition, in 2007, was the St Andrew’s day holiday in Scotland. It is an official bank holiday, but it operates as a voluntary public holiday. Just to add to the complexity, bank holidays in Scotland are not necessarily public holidays, and public holidays can be set by local authorities.

Clearly, parts of the UK differ a bit as to the number of days, the specific days and how they have come about. It is also fair to point out that things have changed over time. Taking Scotland as an example, as I know it reasonably well, Christmas became a public holiday only in 1958, and Boxing day was added only in the early 1970s. Most of the current holidays are not on religious occasions, Easter and Christmas being the exceptions.

In comparing our holidays with those in other countries, I have not looked at the situation worldwide. However, compared with other European Union members we are at the bottom of the public holidays table. Countries with similar numbers of holidays to ours are Ireland with eight, Spain and Luxembourg with nine, and Hungary and Holland with 10. Every other EU nation has more, and Belgium and Latvia have as many as 17.

Of course, public holidays are only a part of the equation. Perhaps a better indicator is a person’s annual holiday entitlement, particularly as the Banking and Financial Dealings Act 1971 does not automatically entitle workers to time off on bank holidays. Instead, the right to time off comes from their contract of employment, which will cover holidays, public holidays and holiday pay. Full-time workers in the UK generally have the right to 28 days’ paid leave per year, with public holidays included in that, which means that most people have about 20 days’ leave that they can take at other times.

Some employers may well require staff to work on bank holidays, which means that designating additional national holidays still might not deliver the effect sought by the petitioners. Concern has also been raised by the National Secular Society, which commented:

“A likely result of increasing the number of public holidays by including Muslim, Hindu, or other religious festivals would therefore be a decrease in the number of discretionary holidays workers can take.

Compelling those who do not celebrate minority faith festivals to take time off work risks causing unnecessary resentment and would harm efforts to promote a concept of common citizenship.”

That concern was echoed by those who chose to comment on the House of Commons Facebook post about today’s petitions. On that forum, the majority of commentators did not think that new religious public holidays should be introduced. Some, such as Giselle, argued that no religious occasions should be public holidays, and Tom said:

“Religion is a private matter for individuals, not the business of the state or whole society.”

Others suggested that dates such as St George’s day should be holidays. There is clearly a demand for various national days across our nations.

How are we best to achieve social cohesion across our multicultural societies? Clearly we have a conundrum. How do we succeed in bringing people together, and supporting religious festivals as a way of achieving that, without causing any resentment and inadvertently hampering that objective? Although today’s petitions relate primarily to Muslims and Hindus, it is worth remembering that there are many other religions in the UK with smaller faith communities, and that their festivals are equally important to their individual worshippers.

The situation was summed up well by the National Secular Society:

“The UK’s religious landscape is in a state of continuous change. Our population is more irreligious, yet more religiously diverse, than ever before. A multi-faith approach to holidays can therefore never serve the individual needs of the many different people who make up the UK, or adequately keep abreast with the changes in the UK’s demographics. A more practical and equitable approach is to give workers greater flexibility, where their work allows, to take holidays on the specific days that matter to them.”

That is a pragmatic suggestion, which is perhaps let down only by the apparent lack of awareness in society as a whole, and among employers in particular, of the significance of religious occasions—something I mentioned earlier in my remarks.

That lack of awareness featured repeatedly in the comments by petitioners, who made the point powerfully. Many people said that employers wanted holidays to be booked well in advance, which was particularly difficult for Eid, because it is lunar and not on a specific calendar date. They said that employers often did not understand it. One person said:

“It’s very difficult to bring it up as many don’t recognise religious occasions and how paramount they are for the ones celebrating.”

Another commented:

“I’m made to feel like they’ve done me a favour by giving me the day off. Sometimes they say they cannot give me the day off because I took the day off for the last Eid. They don’t think Eid is important.”

Another said:

“The problem was mainly with my employer not understanding the importance of the occasion.”

Another said:

“There is a lot of scepticism on non-Christian holidays at my work place—be it Eid or Diwali.”

One commentator said:

“Religious Holidays is sometimes spoken about like it’s a dirty subject and employers and schools do not understand the significance of it.”

That last point about schools is important, especially if communities wish to celebrate together and if religious families want their children to participate fully in their festivals. It can be difficult for pupils and students to get time off for religious festivals, and this year Eid al-Fitr fell within the GCSE exam timetable in England. In Scotland, Scottish Qualifications Authority examinations occur earlier, so that problem is heading in my Muslim constituents’ direction in a few years’ time. I ask Members from a Christian background to imagine for a moment what their thoughts would be if they or their constituents were required to sit exams on Christmas day, because that is the closest comparison. Clearly it puts students from faith backgrounds at a disadvantage.

That brings me to my last point about how to satisfy the legitimate concerns of the petitioners. Obviously, they would be delighted if the Government were to have a change of heart, and the Minister were to look at establishing public holidays for the largest minority religions. However, I suspect that that will not happen; indeed, I have in my remarks explored a variety of reasons why it might not be the best option. We do, however, have a problem that needs to be addressed, and I will make a few suggestions.

[Jim Shannon]

The hon. Gentleman referred to education. Does he feel, as I do, that raising awareness of other religious sects’ holidays through school education might be a way of gently pushing into people’s minds the importance of other celebration days for religious groups, whoever they may be? People might then say, “Do you know something? That is the way it should be.”

[Martyn Day]

The hon. Gentleman’s suggestion is a good one, because if we educate people young enough, they learn the lessons for life and we do not have to keep re-educating people. There is some merit in that suggestion.

Most of the petitioners who responded to the survey, 52%, said that they would prefer a legal right guaranteeing time off work or education to celebrate religious occasions not currently recognised as public holidays, such as Eid and Diwali. A small number of people, 5%, wanted the ability to swap public holidays such as Easter for other religious occasions. I ask the Minister whether those suggestions could be considered as a possible way forward.

It is clear that at the very least we need greater understanding among employers about the significance of religious festivals for employees who are people of faith—I am referring to all faiths here. No one should feel discriminated against for practising their religion. We must all do more to improve awareness; I would like to hear the Minister advise how the Government can ensure that public bodies in particular take that on board. We also need action to ensure that all employers sympathetically consider requests for time off to celebrate festivals or attend ceremonies, whenever it is reasonable and practical for the employee to be away from work. That is something I believe many workplaces could manage, with some foresight and advance planning.

Surely it must also be possible to consider the likely dates of key festivals well in advance and avoid educational bodies’ setting exams on those potential dates. In the absence of formal holidays on those festival dates, there is a need to ensure that support is in place for pupils and students who miss routine coursework during any non-attendance. Believers should not be forced to choose between education and their faith. Again, I look forward to hearing the Minister address those points in the summing-up.

In conclusion, I hope that my summary of the issues raised in the petitions has done justice to the petitioners’ concerns, and helped to raise public awareness of the wider issues.

--- Later in debate ---

[Martyn Day]

We have had a very interesting debate, and Members have made some very good points. I am very grateful to the hon. Members for Harrow East (Bob Blackman) and for Harrow West (Gareth Thomas) for their contributions. They added some good points, such as the situation with Brent Council’s diary and the idea of paid personal days.

There can be no doubt that the percentage of our society’s population that is of other faiths is increasing, so perhaps, as the hon. Member for Ellesmere Port and Neston (Justin Madders) suggested, there needs to be a threshold for such holidays at a future point. There is certainly much work that we need to do between now and then. The hon. Member for Strangford (Jim Shannon) made some very good points about education and the need to work with employers, and that is definitely a way forward. I am encouraged by some of the Minister’s comments regarding the new duty on employers and the work being done to tackle workplace barriers, and we need to ensure that that information is relayed to all employers out there.

We pride ourselves on being a tolerant and inclusive society, but we cannot be complacent and must all take on a leadership role. Clearly, as the petitions indicate, many people do not feel as included or valued as we want them to, so we must do extra work to remove barriers. One of the points I made, which I hope the Minister will pass on to the Education Ministers, is the issue of exam timetables; I will certainly write to Scottish counterparts about that as well.

There is a lot more we can do to ensure that communities can celebrate together, not just within their own faith but across faiths, and I look forward to taking part in a number of such celebrations over the coming years, as I have in the past. Now that I know the date for the hon. Member for Harrow East’s event, I will be coming along to stick my head in and show some support.

Question put and agreed to.

Resolved,

That this House has considered e-petitions 220501 and 221860 relating to holding public holidays on religious occasions.