Nuneaton MP Marcus Jones has welcomed action by Government to fast-track legislation that effectively overturns the decision of the High Court to ban Council’s from saying prayers before meetings.
On 10 February, the High Court ruled in a case against Bideford Town Council, banning the practice of prayers at the formal beginning of council meetings. The basis of this ruling was a narrow interpretation of section 111 of the Local Government Act 1972. In short, the Court asserted that councils do not have an explicit power to hold prayers as part of the formal business at council meetings.
While Parliament’s prayers are protected by the Bill of Rights, local councils have no such shield. Last week, the Secretary of State for Communities and Local Government, Eric Pickles, decided to fast-track the commencement of the general power of competence in the Localism Act 2011. Previously local authorities have only been able to do those things that the law specifically empowered them to do or which are incidental to those things. The new general power of competence turns the current situation on its head. Rather than looking to Whitehall to hand down specific powers, it enables councils to do anything that an individual could do unless it is specifically prohibited by law.
These new flexibilities for councils include the freedom to pray and hold prayers at the start of council meetings, should they wish. This power is also a major constitutional innovation in itself, opening the doors to greater innovation in local government and will help councils make savings through greater joint working and sharing of services.
Commenting on the announcement, Marcus said: “This is a sensible step to take following the High Court decision. In this country, I think we should respect those of the Christian faith, other faiths, and those with none. The right to worship is a fundamental and hard-fought British liberty, and the fight for religious freedom in British history is deeply entwined with the political freedoms we take for granted. It should be up to individual Council’s throughout the country to decide if prayers are wanted before their meetings.”