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R (on the application of National Secular Society and Bone) v Bideford Town Council

Administrative Court: Ouseley J, February 2012 Council meeting – prayers – discrimination

Published online by Cambridge University Press:  22 August 2012

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2012

The application by a former Bideford councillor, supported by the National Secular Society, challenged the practice of public prayers at the start of council meetings on the basis that this discriminated indirectly against councillors with atheist or non-Christian beliefs and was ultra vires the Local Government Act 1972. It was held that the holding of prayers did not discriminate either directly or indirectly against those of non-Christian beliefs as they could absent themselves either by physically leaving the council chamber or by not taking part in them. However, it was also held that there was no power, explicit or implicit, to hold prayers as part of the council meeting. Bideford Council's votes to hold prayers were therefore void as being ultra vires council powers. This did not prevent councillors praying together before the meeting but not as part of the meeting. [Catherine Shelley]