Town council to appeal High Court prayers ruling

Bideford Town Council is to appeal a High Court ruling that the saying of formal council prayers was unlawful.

At an extraordinary meeting held yesterday, the council passed a resolution approving an appeal of the judicial review decision, “subject to confirmation that costs will be indemnified”.

Bideford said that in the interim period, prayers would be removed from the agenda and said before the start of the main meeting.

Mr Justice Ouseley ruled last Friday that the saying of prayers as part of the formal meeting of a council was not lawful under s. 111 of the Local Government Act.

The High Court judge 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."

Mr Justice Ouseley also concluded 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 judge also rejected the argument that council meeting prayers contravened the Human Rights Act.

The judicial review was brought by the National Secular Society after a complaint by one of the councillors at Bideford.

See also: The power of prayer or the power to pray by David Lawson of Hardwicke.