R (National Secular Society) v Bideford Town Council: [2012] EWHC 175 (Admin): High Court of Justice of England and Wales (Queen's Bench Division, Administrative Court): Ouseley J: 10 February 2012

Abstract

Local Government – Powers – Public prayers – Freedom of Religion or belief – Parish council empowered to do anything calculated to facilitate or which was conducive or incidental to discharge of any of their functions – That power could not result in provision or practice being applied equally to person’s of different religious beliefs but which put some of those persons at a disadvantage compared to others – Parish council placing prayers as first item on agenda for monthly public meetings of council – Not obliging members to attend or participate – Secularist councillor arguing interference with right not to hold or to have to manifest religious beliefs – Majority of councillors rejecting secularist councillor’s motions to stop prayers being said – Whether saying of prayers ‘conducive or incidental to’ discharge by council of functions – Whether saying of prayers as part of council business lawful – Whether indirect religious discrimination against secularist councillors – Whether interference with freedom of belief – Local Government Act 1972, s 99, 111, Pt II of Sch 12 – Human Rights Act 1998, Sch 1, Pt 1, arts 9, 14 – Equality Act 2006, ss 45(3), 52 (now Equality Act 2010, ss 19, 149)