Monitoring officer warns of potential section 5 report over bid to livestream Lord’s Prayer

The amendment will now be discussed before full council, despite the monitoring officer stating that broadcasting the prayer would be “unlawful”.

Members of the council’s Selection and Member Services Committee were considering changes to the constitution on Thursday (7 May), including a councillor-submitted proposal to recite the prayer and sing the national anthem during meetings.

A report by monitoring officer Petra Der Man said prayers could lawfully be held either off camera at the start or end of meetings, or in a separate room for those wishing to participate.

During the debate, Reform councillor Richard Palmer proposed an amendment to require the prayer to be live-broadcast online at the beginning of meetings.

This was rebuffed by Der Man, who told members: “It would be unlawful to publicly record somebody's religious beliefs, so no, I can't put that forward.”

The council’s leader, Cllr Linden Kemkaren, then asked for clarification on which law the practice would break and why it was unlawful, while noting that other councils hold prayers.

Der Man responded: “The provisions of freedom of expression, GDPR. Participation or non-participation is a matter of individual choice, but it may be interpreted by others in a particular way, and that is something that cannot be permitted, and we cannot be privy to or endorse or encourage.

"So off-camera is the way forward to make this lawful and to happen if it is to happen."

She later added: “If it happens in another council on camera, that's for their monitoring officer. But I'm determining that that would, in my opinion, be unlawful."

Cllr Palmer responded: “I think the key words were at the ending there: In my opinion."

He later stated that, “until you have a legal authority on it, it’s just an opinion – and my opinion is it’s quite lawful to hold it on webcast as many other councils do.”

The chair then suggested a vote for the prayer to be on camera, subject to clarification of the legal position.

Der Man responded: “I will have to consider section five reports on the basis that it is my view that it’s unlawful to be held on camera.”

The committee members ultimately voted through the amendment.

Liberal Democrat Group leader, Antony Hook, said he was "astonished" by the discussion, stating: "We have reference to the provisions of law set out in the paper, secondly, we have a highly competent monitoring officer who is a qualified lawyer of many years’ experience in local government.

"That is a definitive professional opinion which this council should follow. We have a qualified source of opinion, and that should be the end of the story."

Der Man’s report highlighted section 138A(1) of the Local Government Act 1972, which provides: "The business at a meeting of a local authority in England may include time for — (a) prayers or other religious observance, or (b) observance connected with a religious or philosophical belief."

It stated that praying during a meeting “is a legal choice", adding that the 2015 Local Government (Religious etc Observances) Act allows but does not mandate Councils to hold prayers.

However, the report continued: "There may be some Members and / or officers who would choose or prefer not to participate nor have their beliefs displayed publicly. There is a legal right to privacy of religious views under the UK GDPR legislative provisions. These legislative provisions relating to religious or philosophical beliefs are classified as ‘special category data’ and require heightened protection due to their sensitive nature."

In light of this, her report suggested councillors consider measures that would involve holding the prayer either at the beginning or end of a public meeting off camera, "or even in a separate room for those who may choose to be involved on any particular day or meeting".

The report meanwhile said that similar risks apply to singing the national anthem during meetings.

"This is simply because different views on the monarchy and the singing of the anthem may be legitimately/lawfully held, and so there is no justification for putting Members, officers or members of the public, in a position where they are compelled to reveal their differing personal opinions," it said.  

Despite this, members also voted to support an amended motion that councillors sing the national anthem on camera.

Adam Carey