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Council ordered to stop prayers at meetings - to avoid human rights court case
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13 March 2008
Prayers have been said at council meetings since Bideford was awarded a charter by Elizabeth 1 in 1573
But the tradition that has endured though civil war, the industrial revolution and two world wars may yet succumb to the march of political correctness.
Town councillors in Bideford, North Devon, have been told that their prayers could fall foul of the Race Relations Act.
They have also been warned that they might attract an action under the Human Rights Act.
Many councillors are outraged by the advice from the National Association of Local Councils and claim it is yet another attempt to remove Christian traditions from public life.
Prayers have been said at Bideford council meetings since the town was awarded a charter by Queen Elizabeth in 1573.
But the National Association said the practice, which is observed at many town halls, was merely an "old custom" which might upset councillors and members of the public of other religions.
"This situation is proof of a disturbing tendency to try to use spurious legal arguments under the Human Rights Act, and equality legislation, to eliminate the Christian faith from the fabric of our public life," said local Tory MP Geoffrey Cox.
The member for Torridge and West Devon, who is a QC, added: "I do not believe that there is any serious risk of a meritorious action under the Human Rights Act, or the Race Discrimination Act.
"The advice is quite simply misleading and wrong."
He has written to Local Government Secretary Hazel Blears demanding "urgent clarification" for town and parish councils to know how to conduct their meetings without breaking the law.
Town clerk George McLauchlan had asked the National Association of Local Councils for advice on the matter two months ago after Lib Dem councillor Clive Bone put forward a motion to scrap the prayers.
Hazel Blears: MP for Torridge and West Devon Geoffrey Cox has written to the Local Government Secretary asking how the council's prayers break the law
The motion was rejected but Mr Bone has re-tabled it for today's meeting of the council.
Mr McLauchlan said: "This doesn't just affect us - it has national implications.
"It could affect all parishes, all councils, and even Government - prayers are said before the start of business in the House of Lords and the Commons."
In an email to Mr McLauchlan, the association's solicitor Meera Tharmarajah said: "The council should consider removing the saying of prayers to ensure compliance with the Race Discrimination Act and to eliminate any risk of challenge under the Human Rights Act."
The advice warns the council it could fall foul of Article 9 of the European Convention on Human Rights and Fundamental Freedoms, which states: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to manifest his religion or belief, in worship, teaching, practice and observance."
Mr McLauchlan has also written to Mrs Blears for her advice. Any decision on the prayers is likely be delayed until she has made the Government's position clear.
Last night Mr Bone said he would continue his campaign to get prayers banned. "One needs to ensure that no one feels embarrassed or put out, or feels the council belongs to a particular group," he said.
"It is about bringing things up to date."
A spokesman for the Equality and Human Rights Commission said: "Article 9 of the Act is about allowing people to exercise their religious freedom, not about stopping them expressing their religion."
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