Atheist's complaint led to a clarification of law

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Friday, February 17, 2012
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Kent and Sussex Courier

A HIGH Court judge ruled Bideford Town Council in Devon acted unlawfully by allowing prayers as part of its meetings.

The council was taken to court by the National Secular Society after it received a complaint from atheist councillor Clive Bone.

Lord Justice Ouseley ruled the prayers were not lawful under Section 111 of the Local Government Act 1972.

He said a council had no power to hold prayers as part of a formal local authority meeting or to summon councillors to such a meeting at which prayers were on the agenda.

But he said it would be lawful for prayers to be said in a council chamber before a formal meeting as long as councillors were not formally summoned to attend.

He said Bideford Town Council had on two occasions, by a majority, voted to keep public prayers at its full meetings.

But that did "not give it power to do what it has no power to do".

The town council has the right to appeal.

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