Law and religion roundup – 6th October

Charities and political lobbying

Civil Society reports that a Christian educational charity has been given an official warning by the Charity Commission over its failure to separate its activities sufficiently from those of a linked non-charitable body. The Commission had previously advised the National Council for Christian Standards in Society that it must separate its charitable work clearly from the political lobbying activities of Christian Voice.

Which highlights the need for charities generally to be extremely careful not to drift into lobbying other than in pursuit of their charitable objects – and certainly not to become identified with any particular political party.

EHRC consultation on an updated Code of Practice

The Equality and Human Rights Commission is consulting on its updated Code of Practice on the steps that should be taken to ensure that people are not discriminated against. The updated Code incorporates the EHRC’s technical guidance on age discrimination and reflects the legal understanding set out in its single-sex services guidance. It also reflects significant developments in legislation and case-law since it was first published in 2011, including the law on the definition of disability and the threshold for a philosophical belief to be protected under the Equality Act 2010. It is seeking views on how easy the updated Code is to understand and whether its interpretation of changes to the law and its associated impacts are clearly articulated.

Launching the consultation, EHRC Chair Baroness Falkner said that it was “a complex area of law which has evolved significantly since our statutory Code of Practice was first published [she’s not wrong there] and we appreciate that service providers and legal advisors need help to navigate these challenges”. The consultation closes at 5 pm on 3 January.

Charity trustee welcome pack

The Charity Commission has produced an updated welcome pack for charity trustees in England and Wales which is designed to be more accessible and easier to use for members of the general public. It provides a basic outline of the duties and responsibilities of a charity trustee and includes:

  • the basics of trusteeship;
  • what a trustee can expect;
  • a trustee’s duties and responsibilities;
  • what needs to be sent to the Charity Commission; and
  • references to more detailed guidance and information.

It is also designed to be of use to existing trustees, those responsible for the appointment of new trustees and those interested in becoming a trustee. The Charity Commission e-mails it to those becoming trustees for the first time.

Assisted Dying for Terminally Ill Adults (Scotland) Bill

The Scottish Government has sent a memorandum to the committee considering the Assisted Dying for Terminally Ill Adults (Scotland) Bill, on which it has promised a free vote in the Scottish Parliament. It concludes that the provisions of the Bill are outside the Scottish Parliament’s legislative competence.

Burial and cremation law in England & Wales

On Thursday, the Law Commission launched a consultation on the reform of burial and cremation law in England and Wales. We posted about it here: it closes on 9 January.

Higgs v Farmor’s School

The hearing duly began in the Court of Appeal on Wednesday. The EHRC is intervening: its statement is here. [With thanks to sacraleges.]

The Stripping of the Altars – Oxford ’24

Readers will appreciate the irony of the recent theft of a gilded icon of the Virgin and Child from Magdalene Chapel, Cambridge. The icon was created by Dom Anselm Shobrook, a noted icon-writer and monk of the Anglican Benedictine monastery at Alton in Hampshire; it was donated to the Chapel by Professor Eamon Duffy in 2009 to commemorate the 30th anniversary of his election as a Fellow. The icon was removed from its place beside the altar between 24 and 25 September.

Quick links

2 thoughts on “Law and religion roundup – 6th October

  1. Re Higgs v Farmor’s School, the Court of Appeal (Underhill, Bean and Falk LJJ) reserved judgment after the two-day hearing that finished on 3 October. As well as hearing a short submission by counsel for the Equality and Human Rights Commission, the court heard submissions by Sarah Fraser Butlin KC (a former Chair of the Industrial Law Society) on behalf of the Archbishops’ Council (AC), which had also intervened when the case was heard by Eady J in the Employment Appeal Tribunal (EAT) in 2023: [2023] EAT 89:
    https://www.bailii.org/uk/cases/UKEAT/2023/89.html.

    Both interveners were limited to 30 minutes for their submissions on the second afternoon. It emerged during the submissions for the AC that “within the employment context, the basic principles that will underpin the approach adopted when assessing the proportionality of any interference with rights to freedom of religion and belief and of freedom of expression” set out in paragraph 94 of the EAT judgment were based on submissions made to the EAT by the AC. The Association of Christian Teachers, the Free Speech Union, and ‘Sex Matters’ were also given permission to intervene in the Court of Appeal (written submissions only).

    This is the link to the AC’s written submissions to the EAT:
    https://www.churchofengland.org/sites/default/files/2023-03/submissions-of-the-first-intervenor.pdf

    The C of E issued a statement in June 2023 welcoming the EAT guidance:
    https://www.churchofengland.org/media/press-releases/church-englands-pastoral-principles-recognised-judge-employment-law-case

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