Formal council prayers not lawful rules High Court

The High Court has ruled that the practice of saying prayers as part of the formal procedure of council meetings is not lawful under s111 of the Local Government Act 1972, following judicial review proceedings brought by the National Secular Society (NSS).

The judicial review was brought by the NSS against Bideford Town Council in Devon, which incorporates prayers into its council meetings, following a complaint made to it by one of its councillors.

In ruling today that the saying of prayers as part of the formal meeting of a Council is not lawful under s111 of the Local Government Act 1972, Mr Justice Ouseley said: "I do not think the 1972 Act [...] should be interpreted as permitting the religious views of one group of councillors, however sincere or large in number, to exclude, or even to a modest extent, to impose burdens on or even to mark out those who do not share their views and do not wish to participate in their expression of them. They are all equally elected councillors."

The judgment also made it clear, however, that councillors who wish to do so are free to say prayers before council meetings, provided that prayers are not part of the formal procedure of the meeting. The High Court also rejected the argument that council meeting prayers contravened the Human Rights Act.

The Communities Secretary Eric Pickles said that he was "surprised and disappointed" at the ruling and encouraged councils to use the new general power of competence to reinstate prayers when it becomes available later in the year. The chairman of the Local Government Association (LGA), Sir Merrick Cockell, echoed this view saying: “It is the LGA’s view that this ruling will be overridden by the General Power of Competence as soon as the legislation comes into force and that it remains the decision of local authorities if they wish to hold prayers during formal meetings.”

Keith Porteous Wood, Executive Director of the National Secular Society said: "Acts of worship in council meetings are key to the separation of religion from politics, so we're very pleased with the judgement, and the clear secular message it sends – particularly the statement made about the 1972 Act. We believe that council meetings should be conducted in a manner equally welcoming to all councillors, regardless of their religious beliefs, or indeed, lack of belief.

"Our interest in this issue was prompted by a complaint from a Bideford Town Councillor, Clive Bone, who felt uncomfortable at having to sit through prayers, homilies and requests for divine guidance while carrying out his formal duties as an elected councillor. The only alternative to this discomfort was to walk out, unbidden by the mayor, which would look discourteous to those in the public gallery.”

Bideford Town Council has been granted permission to appeal against the judgment.