Law and religion roundup – 2nd August

“There is a difference between ‘scrutiny’ and allowing in an entirely hostile cabal of media owners and editors who have an agenda”: David Yelland

Assisted dying

After a speech on social care at a Jewish care home in Golders Green, the Prime Minister told reporters:

”I take the view that that debate [assisted dying] – and I don’t say that there shouldn’t be a debate at some point about those issues – personally, I think there’s something that needs to happen first. That is the fixing of the funding of palliative care and social care. I think it is very challenging to introduce that wider debate in a context of people not receiving that care and having the peace of mind about that care. That’s the way I kind of see this, and that’s the position that I will stick to.”

In the last session of Parliament, MPs had voted in favour of the Terminally Ill Adults (End of Life) Bill with majorities of 55 and then 23, but the Lords heavily criticised the bill and tabled more than 1,000 amendments, with the result that it ran out of time and was lost. Labour MP Lauren Edwards reintroduced the bill, and it is set down for second reading in September. The Government had previously said that it was neutral, but Keir Starmer himself was always in favour. 

Andy Burnham’s change of approach has given hope to opponents of the bill. A critique of Ms Edwards’ position by the Complex Life and Death Decisions Group (CLADD) asserts that “wherever one stands on the principle…the Terminally Ill Adults (End of Life) Bill…is not good law”. Another opponent, the Conservative peer Lord Moylan, observed on TwiX that

“The problem here is that a vote for Assisted Dying on 11 September isn’t a vote to ‘continue the debate’. It’s a vote to force the existing deeply flawed and dangerous Bill – unamended – onto the statute book under threat of using the Parliament Acts … The problem with that argument is that the current Bill has a FIXED 4-year implementation period. It is not dependent on fixing the social and palliative care systems, which may, by then, be the responsibility of a government for whom doing so is not a priority”.

Palestine Action: R (Ammori)

In R (Ammori) v Secretary of State for the Home Department [2026] EWHC 292 (Admin), the Divisional Court of King’s Bench made an order quashing the proscription of Palestine Action under the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025 on two grounds:

  • that the decision to seek the Order proscribing Palestine Action was made by the Home Secretary in breach of her own policy on when she would exercise her discretion to seek an order proscribing an organisation; and
  • that the decision to seek proscription was contrary to the Human Rights Act 1998 because it amounted to an unjustified interference with Articles 10 (expression), 11 (association and assembly) and 14 (discrimination) ECHR.

The Home Secretary appealed, and in Secretary of State for the Home Department v R (Ammori) [2026] EWCA Civ 721 the Court of Appeal reversed the Divisional Court, concluding that the proscription decision was lawful because the Home Secretary had correctly applied her policy and that proscription was a proportionate interference with Ms Amori’s rights under Articles 10 and 11.

On 29 July, the Supreme Court granted permission to appeal on the first of those grounds and expedited the proceedings; the appeal is to be heard in the course of Michaelmas term 2026. Irish Legal News notes that the outcome could affect more than 3,500 people who have been arrested for alleged support of Palestine Action and whose cases have been put on hold pending a final ruling on the legality of the proscription.

Preventing lawful burial

On Friday, Robert Bush, of Legacy Independent Funeral Directors, Hull, was sentenced to 20 years’ imprisonment after pleading guilty to 67 charges, including preventing a lawful and decent burial, fraud, fraudulent trading, and theft. The Government responded immediately with a press statement in which the Health and Social Care Secretary, Yvette Cooper, was quoted as follows:

“Robert Bush’s actions were utterly abhorrent, and my thoughts are with all the bereaved families in Hull who have been so badly let down. In the wake of this horrific case, we will now bring forward comprehensive proposals to ensure respect and dignity for the deceased in every setting, including proper regulation of the funeral sector. We are determined to drive rogue operators out of this industry, and protect other families from suffering this same heartache”.

Of the 67 charges to which Bush pleaded guilty, counts 1-30 related to preventing a lawful and decent burial. In his sentencing remarks, Hilliard J observed that “there are no sentencing guidelines for these offences; no analogous guidelines which might help; and no case decided by the Court of Appeal which is factually similar, although some assistance can be derived from the case of Russell [2023] EWCA Crim 1080” – as reviewed in our post in 2024, and now updated. 

Clergy Conduct Measure

At the afternoon session of General Synod on 11 July 2026, the Clergy Conduct Rules 2026 (GS 2446), as amended, was carried and will be laid before both Houses of Parliament pursuant to the Statutory Instruments Act 1946. On 31 July, the Church Times reported that the Dean of the Arches, Morag Ellis KC, explained the new provisions and reminded members that the Code of Practice will be brought to the Synod for consultation. [Note: The Clergy Disciplinary Measure 2003 became fully effective on 1 January 2006, following the development and approval of the Code of Practice].

Terrorism (Protection of Premises) Act 2025: two training opportunities

Church of England and Community Security Trust: “A practical walk through the Terrorism (Protection of Premises) Act 2025”: The emphasis will be on Standard Duty premises. Coverage will include what must be done to comply with the Act, looking at which premises/events are in scope, and the requirements for Standard and Enhanced Duty Premises, as well as Qualifying Events. The webinars will also look at the regulator’s responsibilities and enforcement. Finally, there will be discussion of practical examples and suggestions. Anyone interested in participating should click on one of the following links:

Home Office: In the autumn, the Home Office will host an in-person roadshow throughout the UK for anyone overseeing premises or events within the scope of the Act. You can register your interest here.

[With thanks to the Historic Religious Buildings Alliance.]

Quick links 

And finally…I

Scottish Legal News reports that City Building (Glasgow) was fined £17,000 at Dumfries Sheriff Court on 27 July for breaching animal conservation laws between June and July 2023.  The construction company pled guilty to the charge after a large number of bats were killed as a result of building work at a sheltered housing bungalow. (And if you’re wondering about the point of this, disturbing bats is also an offence in England and Wales, and they’re very common in churches, so…)

And finally…II

Recent events have been accompanied by heated debate, and a satirical image of the Guardian newspaper reporting on the discovery of “genetic links” between “eating bacon in the morning” and “far-right activism” has been shared widely online, including by many who seem to think it is real. The fake front page was shared as a joke on 22 July, appearing to be taken out of context. With regard to those of a roseate hue, Wikipedia adds: “In British political culture, gammon is a pejorative term typically used to describe a specific demographic of older white men who express reactionary or right-wing views, particularly in support of Brexit”. 

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