High Court to hear challenge to saying of prayers before council business

A challenge to the saying of prayers in local council meetings will be heard by the High Court on Friday.

The case is being brought by the National Secular Society (NSS) after Clive Bone, a councillor on Bideford Town Council in Devon, complained that he was “disadvantaged and embarrassed” as a non-believer by the saying of prayers as part of council business.

According to the NSS, Bone has either to sit through the prayers or leave the room without leave of the Mayor. It claimed that Bideford had rejected a suggested compromise period of silence.

The Society said its lawyers had advised that:

• those of no religion were being indirectly discriminated against without justification ("and this unlawfully")
• the council’s actions breached Articles 9 and/or 14 of the European Convention on Human Rights (the right to freedom of conscience and protection from discrimination)
• the council had no power to conduct prayers.

The NSS will argue that “the saying of prayers in what should be a secular environment concerned with civic business is inappropriate and could put off people of other religions and none from taking part in an important democratic activity”.

It rejected allegations that it had ‘picked on’ a council with insufficient resources to defend itself, arguing that the council had an indemnity from costs and was being backed in its defence by the Christian Institute.

Keith Porteous Wood, the Society’s Executive Director, said: “We are not seeking to deny anybody the right to pray, but we are challenging the appropriateness of prayers being conducted during council meetings. The council chamber and council proceedings should be equally welcoming to everyone living in the local community, and should therefore be a religiously neutral and secular place.

“Prayers should not be foisted on others serving the community as councillors. Those who feel it is necessary to ask for divine guidance before engaging in council business should do so privately outside the meeting or silently in the council chamber.”

Wood dismissed the council’s defence in part that the prayers aided cohesion. He also claimed that Bideford was not the only place where prayers had impeded cohesion rather than contributed to it.

The NSS said a survey of local authorities it had carried out showed that almost half of councils in England included prayers as part of their proceedings.