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  4. Church closure rules struck down on priest's challenge

Church closure rules struck down on priest's challenge

24th March 2021 | human rights , government-administration | Human rights

Scottish Government regulations closing churches for all forms of worship as a COVID-19 measure have been struck down by a Court of Session judge.

Lord Braid today upheld a challenge by representatives of several churches that the regulations were a disproportionate interference with the fundamental right to religious freedom, and breached the human rights of the petitioners and others as well as their constitutional rights. They were therefore beyond the legislative competence of the Scottish Government.

The petitioners included Canon Tom White of St Alphonsus' RC Church in Glasgow, whose solicitor, Elaine Motion of Balfour+Manson, commented after the ruling: "The Scottish approach to public worship was the most draconian in the UK, and placed disproportionate limitations on people of faith.

"There were other less restrictive – but perfectly appropriate – options open and provided to the Scottish Government that did not deny people their right to worship and celebrate their faith. The fact that criminal sanctions are in place for any breach of the regulations, particularly conscientious belief, has a fundamental chilling effect on worship and belief.

"The Catholic Church in Scotland has always made it very clear it would only allow people to worship in a safe, socially-distanced manner, to protect and save lives."

Mrs Motion said Canon White accepted that public worship will require to be carried out in a restricted manner and not in the way which was done before the pandemic.  

However, this could be done by way of guidance drafted in accordance with discussion and agreement of the faith communities, rather than imposed unilaterally by the Scottish Government without proper consultation.

Although First Minister Nicola Sturgeon announced on 9 March that public worship would be restored from 26 March, Mrs Motion said Canon White felt it was right to press ahead with the case. "It was important for the court to decide these critical issues. Without that occurring it would be open to the Scottish Government to re-impose or indeed increase further restrictions in future," she explained. 

"The Catholic Church has been fully engaged in discussion about creating a safe environment for worship, but senior figures in the Church said there had been no meaningful consultation."

She added: "Despite the special significance of worshipping in person for members of the Catholic Church – and the Church’s willingness to follow all possible safety guidelines – their voices were silenced."

Canon White used a crowdfunding site to cover the costs of the legal challenge, led by Aidan O'Neill QC and David Welsh.

Click here to view the opinion.

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