Newsline 19 December 2014

Newsline 19 December 2014

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News, Blogs & Opinion

New Government backed council prayers bill will 'undermine religious freedom'

News | Thu, 18th Dec 2014

The National Secular Society has accused the Government of seeking to undermine religious freedom by supporting a Private Members' Bill to include "prayers or other religious observance" in the business of local authority meetings.

The Local Government (Religious etc. Observances) Bill, proposed by Jake Berry MP but prepared by the Department for Communities and Local Government, is in response to a High Court case where the National Secular Society and a local councillor successfully argued that council meetings should be conducted in a manner equally welcoming to all councillors, regardless of their religious beliefs, or lack of belief.

The High Court ruled that "the saying of prayers as part of the formal meeting of a Council is not lawful under s111 of the Local Government Act 1972, and there is no statutory power permitting the practice to continue."

In supporting the Bill to overturn the ruling, The National Secular Society accused the Secretary of State of "seeking to impose religion by tyranny of the majority."

Authorising public expenditure arising from the Bill in Parliament on Tuesday, Penny Mordaunt, the Parliamentary Under-Secretary of State for Communities and Local Government, said: "The Bill will not compel anyone to pray or any local authority to include prayers in their official business, nor does it define what constitutes prayer."

Labour MP Lyn Brown said she was "content, on behalf of the Opposition, to wish the Bill and its purposes well."

She said: "I welcome the fact that the Bill is not prescriptive. It will leave it to local communities to determine what, if any, observances are appropriate to them; where they should be placed on the agenda; and whether they should be faith-based or otherwise." Brown added that, "we must see this as a matter of local choice."

Jake Berry, the Bill's proposer, stated: "As we approach Christmas, the celebration of the birth of who I believe to be the Prince of Peace, all elected officials might like to reflect that there may be more power in prayer than in any stroke of a Minister's pen or ruling from the Chair, and that this Bill, which seeks to protect people's freedom to pray, will enable people of all religious beliefs to seek guidance in their deliberations in elected office."

Stephen Evans, National Secular Society campaigns manager, said: "The supporters of this Bill are being willfully misleading by citing religious freedom, when the actual purpose of the Bill is to undermine religious freedom by enabling one group of councillors to impose their beliefs on other, equally elected, councillors."

"This Bill needs to be exposed for what it is, an attempt by religious enthusiasts to push their religion into the public sphere."

"The High Court ruling did not deprive any councillor of the right to pray; the ruling did however prevent local authorities from summoning councillors to religious observance at council meetings and hence imposing it on those that do not wish it. Religious freedom demands that an individual's right to manifest their religion must always be balanced against others' rights to live their lives free from religion."

"Allowing worship to be imposed in a secular environment, as the Bill would do, is incompatible with a genuine commitment to religious freedom and inimical to ensuring our local councils are equally welcoming to all sections of society. If successful, this legislation could also open the door to wholly unnecessary conflict and sectarian squabbles within local authorities."

Mr Berry's proposal would allow "prayers or other religious observance" or "observance connected with a religious or philosophical belief."

As well as council meetings, the Bill explicitly allows prayer in a vast range of other authorities, including the "Passenger Transport Executive of an integrated area in England", a "joint waste authority", "an internal drainage board for a district neither wholly not partly in Wales."

Mr Evans added: "Before any more parliamentary time and expense is taken up by this Bill, its backers should be obliged to explain how putting prayers on the agenda of a joint waste authority meeting will assist it in carrying out its functions."

Following the High Court ruling in favour of the NSS in 2012, Eric Pickles, the Secretary of State for Communities and Local Government (a committed evangelical Christian and now Minister for Faith), fast-tracked the implementation of new legal power contained in the Coalition Government's Localism Act 2011, which he claimed gave "councils back the freedom to pray" – although his interpretation was contested by the NSS and some lawyers.

The Department for Local Government now concedes that "smaller parish councils do not have this power and neither do a range of single-purpose authorities such as fire and rescue authorities, and integrated transport authorities" and is now backing Mr Berry's bill to give council prayers a statutory basis in them all.

The Bill will be debated at Committee Stage on 6 January 2015

Read the NSS briefing on the Local Government (Religious etc. Observances) Bill here

NSS welcomes Supreme Court ruling on abortion objection case

News | Wed, 17th Dec 2014

The Supreme Court has overturned a ruling on the case of two Catholic midwives, upholding an appeal from the Greater Glasgow Health Board. The nurses had claimed the right not to "delegate, supervise and support" staff who were involved in abortions.

The court ruling has been welcomed by the National Secular Society, which said the ruling clarified the limits of conscientious objection in abortion treatment.

Despite neither nurse being directly involved in abortion procedures, Mary Doogan and Concepta Wood claimed that "being forced to supervise Glasgow health board staff taking part in abortions violated their human rights."

The Supreme Court has now ruled unanimously that the two nurses were not "participating" in abortions and were therefore not protected by the Abortion Act 1967's provision for "conscientious objection."

The two nurses argued that they "hold a religious belief that all human life is sacred from the moment of conception and that termination of pregnancy is a grave offence against human life."

After an extended legal battle the two nurses eventually won the right not to supervise staff who were involved in abortions, or who were providing care to patients undergoing termination of their pregnancy.

This was despite an initial ruling in which the Court of Session ruled that "nothing they [the nurses] have to do as part of their duties terminates a woman's pregnancy. They are sufficiently removed from direct involved as, it seems to me, to afford appropriate respect for and accommodation of their beliefs."

The two nurses have since pursued an extended legal battle to win a right to conscientiously object to having to "delegate, supervise and support" staff who were involved in abortion procedures. They won an appeal in April 2013 which found that "the right of conscientious objection extends not only to the actual medical or surgical termination but to the whole process of treatment given for that purpose." Following that ruling, Greater Glasgow Health Board were urged by the National Secular Society to appeal to decision.

National Secular Society executive director, Keith Porteous Wood, said, "This vital ruling clarifies the limits of conscientious objection in abortion treatment. Had the case gone the other way it might have opened the way for the broadening of conscience clauses in many other areas of life - much to the detriment of those who don't share the religious or ethical views of those exercising their conscience."

Ann Furedi, Chief Executive of the British Pregnancy Advisory Service, said: "BPAS supports the right to refuse to work in abortion care, not least because women deserve better than being treated by those who object to their choice. But the law as it stands already provides healthcare workers with these protections."

"Extending this protection to tasks not directly related to the abortion would be the detriment of women needing to end a pregnancy and the healthcare staff committed to providing that care. There are enough barriers in the way of women who need an abortion without further obstacles being thrown in their way."

The full Supreme Court ruling is available here.

The press summary of the ruling can be found here.

Government forces local authority to hand over £1 million site to 'Sikh ethos free school'

News | Tue, 16th Dec 2014

Leeds City Council has been ordered to hand over a former primary school site worth almost £1 million to enable an undersubscribed Sikh free school to relocate.

Leeds was considering plans to use the former primary school site as the premises for a new special needs school, but the Department for Education has ordered the site to be transferred to the Khalsa Education Trust for free.

The Trust in question runs the undersubscribed Khalsa Science Academy, a Sikh-ethos free school. The Academy has 10 spare places at present and, according to the Yorkshire Post, out of the 12 Leeds pupils in the academy's reception class just three had chosen the Sikh academy as their first preference school.

The academy is currently based in temporary premises and hopes a permanent location will allow it to attract more pupils.

Regardless of the lack of demand for the school and despite huge pressure on school places locally, the Department for Education is using its powers under the Academies Act 2010 to force the council, which owns the site, to hand over the property. The Department will not compensate Leeds City Council for the loss.

Lord Nash, the Parliamentary Under Secretary of State for Schools, says the move will have a positive impact on community relations. In a letter to the council, Nash wrote that any "negative effect" on special needs pupils is "outweighed by the benefits of providing greater choice for parents who may be seeking a Sikh ethos education."

Concerns have been expressed locally that the site will now be used to house a very small number of students, many of whom did not opt for a Sikh ethos school in the first place.

Local councillors say that demand for the Sikh-ethos school is demonstrably low in the area. One councillor said: "we are concerned with providing school places in the areas of greatest need and Khalsa's numbers so far give us cause for concern."

Mark Rudd, a local school governor who contacted the National Secular Society (NSS), said: "Given the shortage of school places in the area this is a patently ridiculous and politically driven decision from the very top of government."

Another Leeds school, in this case a Jewish free school, attracted just 8 pupils when it opened with "state-of-the-art" facilities earlier his year. Only 11 are thought to have joined since. The government had provided £3 million to open the school. According to the Yorkshire Evening Post the school "has fewer children across two year groups than many secondary schools have in a single class."

NSS campaigns manager Stephen Evans, said: "It beggars belief that the government has ordered that the land be given over to a faith based school where there appears to be little demand for one. The decision appears to be ideologically driven and makes a mockery of the government's localism agenda. Once again we see the wishes of religious organisations placed above the very real needs of children and families. Where school places are needed, they should be created in inclusive secular schools – not faith based schools that have the effect of dividing local children along both religious and ethnic lines."

In 2013 a site for another Sikh faith school in South Buckinghamshire village of Stoke Poges was purchased by the DfE for a reported £4.5m. The Khalsa Secondary School is now the subject of a legal dispute concerning Eric Pickles' decision to grant approval for the use of site for school despite objections from the Parish Council and local residents.

The school caused controversy earlier this year after children were allocated places at the undersubscribed school against the wishes of their parents.

A strange case of blasphemy

Opinion | Fri, 19th Dec 2014

The Sony crisis is almost identical to the Satanic Verses controversy, or the Mohammed cartoon riots. Benjamin Jones argues that Sony's capitulation to North Korea has all the hallmarks of religious blasphemy cases, and that the state religion of North Korea is functionally identical to theocracy.

Once again the West has surrendered to someone else's idea of blasphemy. Where will this end? In the familiar stilted English of North Korean proclamations, Sony was warned: "Stop immediately showing the movie of terrorism which can break the regional peace and cause the War." And so they did.

After an unprecedented cyber attack, what some have called the "first cyberwar", the West has settled back into a familiar pattern of retreat and surrender. 'Safety' is trumpeted, as though submission were the same thing as safety.

This story is familiar. If Sony is substituted for Jyllands-Posten, who published cartoons of the Muslim Prophet Mohammed in 2005, and North Korea's cyberwar is substituted for the violent reaction in the Islamic world, the cases are almost identical.

The threat of violence from deranged fanatics (Islamist or North Korean) is enough to intimidate and silence, and there are, it seems, many people who think that safety is best assured by just trying very hard not to upset anyone. It doesn't seem to matter that the aggrieved party is making ludicrously unreasonable demands about their special right and privilege to not have their God (be it Allah or Kim Jong-un) satirised (or even depicted).

The first 'cyberwar' has ended in a resounding defeat for free speech. Once again, violence (or the threat of violence) has been allowed to trump the normal operation of a secular society. 'Safety' has been placed above integrity, as though giving into North Korea's demands will make America and its allies safer in the future. Gary Kasparov has rubbished this madness best: "If threats from poor Stalinist prison camp of North Korea can do this, imagine Russia & China, with huge resources. They are watching."

The imposition of someone else's religious sensibilities upon newspaper readers, cinema-goers and fiction readers is intolerable in a secular society and this is a question of blasphemy.

North Korea is an intensely religious country. The "Great Leader" doctrine of Juche, the state-mandated religious ideology, provides for a Messiah, the Kim dynasty has even codified Ten Commandments in the "Ten Principles." Mass devotion (or at least the performance of belief) is integral to life for those trapped within the hermit kingdom, and now we have terrorised ourselves into compliance with their oppressor, limiting the bounds of satire to placate the state-terrorists who keep a whole country in petrification. The absurd figure of Kim Jong-un is now another, in a long list, of religious icons which have some special protection in our societies; privileges derived now from fear and coercion, which were once derived from repressive blasphemy laws. We do this to ourselves- and compound the problem in many cases relating to Islam with our modern sensibilities about not wanting to upset or offend people.

Secular societies must stop surrendering ideological ground to people who think their deity (Abrahamic or otherwise) is so all-powerful that they need protection from people making jokes at their expense.

This film is a test-case for a fundamental principle in free, secular societies, and we have failed. In this case, the price has been a film left unreleased; what will the price be when China, Russia or IS decide to mount cyber-attacks of their own? We have set a terrible precedent, and sold our secular freedoms under the mildest type of discomfort.

Sony is a business and made a business decision, but we cannot delude ourselves that it will end there.

Religious iconography is fair game in free societies, Sony (and the cinemas who refused to screen the film) will not be the last to capitulate against the cries of blasphemy. From Islamists to North Korean hackers, free speech in the West is being squeezed. Even the mildest encroachment needs to be refused. I for one just hope a 'Kim and Mo' cartoon is forthcoming.

Schools Minister writes to Rabbi over advice to avoid science questions at Jewish faith school

News | Mon, 15th Dec 2014

The Minister for Schools, David Laws MP, has written to the principal of Yesodey Hatorah, an Orthodox Jewish school, after the National Secular Society raised concerns that the school was failing to teach the National Curriculum in full and advising pupils to not answer exam questions on evolution and human reproduction.

Both Ofsted and the Department for Education have now written to the National Secular Society regarding the Yesodey Hatorah Senior Girls School, after the NSS raised concerns that school leaders have a policy of instructing students not to answer "sensitive" exam questions, after previously redacting them from papers.

David Laws MP writing to the NSS, said that "it is unacceptable for any school to redact exam papers, because this denies pupils the opportunity to demonstrate their full potential across the curriculum they have been taught."

The Minister added that "Yesodey Hatorah School has previously assured the department that it will teach the National Curriculum in full, with certain topics taught in a sensitive manner to respect its pupils' religious beliefs and that it will not redact questions in exam papers. It is important that they honour these commitments."

The NSS wrote to the DfE and Ofsted after Rabbi Pinter, principle of Yesodey Hatorah, said that the school would no longer redact exam questions as they had in the past, and instead simply instruct students not to answer them when the subject matter conflicted with the school's strict, Orthodox Jewish ethos.

David Laws has now written to Rabbi Pinter, "seeking reassurance that his school remains committed to teaching the full National Curriculum, as well as important non-curricular subjects like PHSE and SRE." The Minister added that "I have also asked him to confirm whether pupils will be advised not to answer certain questions that may arise during next summer's examinations."

Ofsted, responding to the concerns of the NSS, wrote that during the school's last inspection by Ofsted, in September 2014, "inspectors considered the school's practice of redacting examination questions." According to the Ofsted letter, inspectors were aware that "there had been correspondence between the school and an examination board" which had privately authorised the school's practice of redacting questions, but that an understanding had now been reached that "the school's practice of redacting examination questions would no longer continue."

In response to our concerns about the teaching of science, Ofsted write that "the school made it clear that a creationist belief is taught within the Kodesh (Jewish faith) curriculum, but that students also know that there is another viewpoint."

The NSS also asked the schools regulator to investigate comments made by Rabbi Pinter indicating that he regards homosexuality as incompatible with the school's religious ethos. In response, Ofsted say their inspection report found students were "aware of different discriminatory forms of bullying, although there is no specific reference to homophobic bullying."

Despite indicating no plans to take action against the school, Ofsted have said that they will "take very seriously any first-hand evidence that this or any other school were continuing to redact examination questions, failing to teach the statutory science curriculum (including evolution and genetics), or failing to promote tolerance and respect for people from all cultures and lifestyles."

NSS campaigns manager Stephen Evans, commented: "We were successful last year in ensuring the redaction of exam papers was considered malpractice, but the issue goes beyond the blacking out of certain questions. This time we raised concerns of a very specific nature, and fail to see how Ofsted's reference to their September report addresses them. In the responses from both Ofsted and the DfE, there seems to an unwillingness to engage with the specific allegations.

"Young people's education should never be compromised when scientific facts happen to conflict with a school's religious outlook – and homosexuality shouldn't be 'incompatible' with the ethos of any of our publicly funded schools.

"Rabbi Pinter's comments clearly indicate that the intransigent attitude extends beyond exams and into science classes. It is inconceivable that the sensitivity over exam questions on religious grounds is not a symptom of science not being taught properly, particularly reproductive biology and evolution.

"If Rabbi Pinter is unable to confirm to the Minister for Schools that pupils are now taught the National Curriculum in full, and are free to answer all exam questions, then a much stronger line should be taken with this school – and indeed any others that allow their religious ethos to stand in the way of child's right to a broad and balanced education."

The full background of the story can be found here.

Jewish faith school’s admission policy amounts to “discrimination on the basis of race”

News | Thu, 18th Dec 2014

The Office of the Schools Adjudicator (OSA) has instructed two Jewish faith schools to revise their admissions policies after it found they breached the Admissions Code, with one of the schools found to have a policy which amounted to "discrimination on the basis of race."

In their most recent finding, about King David High School, the OSA wrote that "Jewish Schools cannot base their oversubscription criteria on whether a child is halachically Jewish." The school in question is an Orthodox Jewish Academy.

The complaint was brought about by the Fair Admissions Campaign, who argued that "Orthodox Jewish synagogues typically (if not always?) refuse membership to individuals on the basis of whether or not an individual's mother is Jewish." Given this, the Fair Admissions Campaign questioned "whether giving preference to children who have a parent who is a member of an Orthodox Jewish synagogue makes it much harder for children whose mother is not ethnically Jewish to gain admittance, and therefore is discrimination."

In the event of the school being oversubscribed, the academy prioritised children "whose family are members of an Orthodox synagogue," over "children whose parent/parents or guardian/guardian are members of a Non-Orthodox synagogue" and both of those categories above "all other applicants."

In response, the OSA determined that "in significant ways the admission arrangements for King David High School do not comply with the requirements relating to admissions. The faith-based oversubscription criteria cannot be based as now on membership of a synagogue and the oversubscription criteria as whole lack the required clarity and objectivity."

The Fair Admissions Campaign also argued that the admissions policy "requested other information which was not necessary to apply the oversubscription criteria. This included the child's gender, details of both parents/guardians, whether the child resides with their natural parents and whether parents/guardians reside at the same address and the mother's maiden name."

The OSA concluded that this "information is not necessary to apply the admission arrangements" and cited guidance that states that admissions documents "must not ask for 'any personal details about parents and families, such as maiden names … marital status."

The OSA also concluded that this additional information "is not necessary to apply the oversubscription criteria and which cannot therefore be lawfully sought."

The objection from the Fair Admissions Campaign was "partially upheld" and the OSA determined that "the arrangements for both years do not conform with the requirements relating to admissions arrangements."

On 8 December 2014, the OSA published a similar finding about the Yesodey Hatorah Senior Girls School.

Yesodey Hatorah, a strict Charedi school, stated that "Charedi homes do not have TV or other inappropriate media and parents will ensure that their children will not have access to the internet and any other media which do not meet the stringent moral criteria of the Charedi community."

The school also said that "families will also dress at all times in accordance with the strictest standards of Tznius (modesty) as laid down by the Rabbinate of the Union of Orthodox Hebrew congregations."

The school's admissions documents included a statement for parents to sign that said "I/We understand that if at any time I/we do not conform to the standard set by the Rabbinate this endorsement will be rescinded." The OSA adjudicator wrote that "I was concerned that this could imply that a place might be removed perhaps even after a girl had started to attend the school. The circumstances in which offers of places can be withdrawn once offered … do not include where parents change their religious practice." Yesodey Hatorah was thus required to changes its admissions documentation "as quickly as possible."

According to The Hackney Citizen the school's headteacher, Rabbi Abraham Pinter, argued that the admissions policy was "academic" and, due to the school being undersubscribed, was "untested."

In conclusion however, the OSA wrote that "the arrangements for this school do not conform in a significant number of ways with the requirements relating to admissions. The fact that the school is not usually oversubscribed does not relieve it of the duty to have Code compliant arrangements." The objection was therefore partially upheld.

Yesodey Hatorah has been embroiled in a long-running row over the redaction of exam questions, followed by Rabbi Pinter telling students not to answer exam questions which conflicted with the school's religious "ethos." The Schools Minister has now written to the Rabbi.

Who should be the next Secularist of the Year?

News | Wed, 17th Dec 2014

Tickets are now on sale for Secularist of the Year 2015 and the National Secular Society is seeking the public's nominations to receive the prize.

The Prize for Secularist of the Year is awarded annually in recognition of an individual or an organisation considered to have made an outstanding contribution to the secular cause.

This year's prize will be presented on Saturday 28 March at a lunch event in central London.

Previous winners have included the Turkish MP and human rights campaigner Safak Pavey, advice and advocacy organisation Southall Black Sisters, Peter Tatchell and former MP Evan Harris and Lord Avebury.

Nominations for next year's prize can be made via email or via our website to admin@secularism.org.uk. Emails should be titled 'Nomination' and include the name of the individual or organisation you would like to nominate with a brief description of why you think they deserve the award. Nominations close on Friday 23 January.

Tickets for the event are on sale now online at £40 for NSS members (£50 for non-members) which includes a three course lunch with a welcome cocktail on arrival. Tickets can also be purchased by sending a cheque payable to National Secular Society to 25 Red Lion Square, London, WC1R 4RL.

Previous years' events have all sold out, so please don't delay if you want to join us for what promises to be another memorable occasion.

Previous winners of Secularist of the Year:

2014 Safak Pavey, for her international work promoting secularism, Human Rights and gender equality as well as humanitarian aid and peace-building – presented by Kerry McCarthy MP, Shadow Foreign Office Minister.

2013 In honour of young human rights activist Malala Yousafzai, the prize was donated to Plan UK, represented by Debbie Langdon-Davies – presented by Michael Cashman MEP.

2012 Peter Tatchell, for his lifelong commitment to the defence of human rights against religious fundamentalism – presented by Nick Cohen.

2011 Sophie in 't Veld MEP, for her work as chair of the European Parliamentary Platform for Secularism in Politics – presented by A. C. Grayling.

2010 The Southall Black Sisters group, for their support of black and Asian women's human rights, accepted by Pragna Patel – presented by Michael Irwin.

2009 Evan Harris MP and Lord Avebury, joint award for their work in the abolition of blasphemy law – presented by Richard Dawkins.

2007 Mina Ahadi, founder of the German Central Council of Ex-Muslims – presented by Joan Smith.

2006 Prof. Steve Jones, biologist at University College London and author of a number of books on evolution – presented by Dick Taverne.

2005 Maryam Namazie, for her work in defence of women's rights and the right to freedom of expression – presented by Polly Toynbee.

NSS Speaks Out

This week's Supreme Court ruling on the limits of "conscientious objection" for two Catholic nurses who refused to supervise staff involved in abortions received widespread coverage which quoted the NSS. Executive Director Keith Porteous Wood was quoted in the Telegraph and in two separate articles in the Herald. Keith's comments on the case were also picked up in the Leigh Journal. Alistair McBay had a letter published on the ruling in the Scotsman.

The Guardian covered NSS objections to the new council prayer bill, and quoted Campaigns Manager Stephen Evans.

He was also quoted in FoodNavigator which covered our story from last week on Poland reversing its ban on non-stun slaughter. He was quoted in the piece saying that, "whilst we respected the right to religious freedom, we do not believe this should extend to practices that inflict unnecessary suffering on animals."