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The impact of the Covid-19 pandemic on the exercise of religion in the United Kingdom
The paper traces the history of the UK and the devolved governments’ responses to the COVID-19 outbreak and, in particular, their impact on the exercise of religion and the responses of faith-communities. It discusses the legal and constitutional background and the implications for the right to manifest religion or belief under Article 9 ECHR. It looks at the impact on the practice of religion of the ‘lockdown’ restrictions on places of worship and personal contacts and at the attempts of government to accommodate them, at the responses of the major faith communities and at the various pieces of legislation and guidance as lockdown eased – and was tightened again in response to a second spike in infections. It concludes with some thoughts on how the situation might develop if and when the pandemic is brought to a close and suggests that there are constitutional questions to be asked, in particular, about the UK Government’s use of emergency powers to legislate without prior approval of Parliament.
1. PROLOGUE: A BRIEF OVERVIEW
2. THE COVID-19 OUTBREAK
3. THE LEGAL AND INSTITUTIONAL BACKGROUND
3.1. Statutory legislation in the United Kingdom
3.2. Human rights legislation
4. THE IMPOSITION OF REGULATION IN ENGLAND
4.1. The Westminster Government’s lockdown legislation
4.2. Introduction of legislation
4.3. The Government’s economic measures
5. EASING THE LOCKDOWN IN ENGLAND
5.1. General provisions for England
5.2. Local lockdown provisions
6. LOCKDOWN IN THE REST OF THE UK
6.1. Scotland
6.2. Wales
6.3. Northern Ireland
7. DID FAITH-GROUPS HAVE ANY INFLUENCE ON THE LEGISLATION?
8. REACTIONS TO THE LOCKDOWN PROVISIONS
8.1. The public reaction
8.2. Response of the legal community
9. LEGAL CHALLENGES
9.1. R (Hussain) v Secretary of State for Health & Social Care
9.2. Dolan Ors v Secretary of State for Health and Social Care & Anor
10. THE RESPONSE OF FAITH-GROUPS TO THE LEGISLATION
11. THE IMPACT ON FAITH-GROUPS
11.1. Marriage law
11.2. Loss of income
11.3. The Listed Places of Worship Grant Scheme
11.4. Gift Aid and the Gift Aid Small Donations Scheme
11.5. Furloughing staff
11.6. Reopening places of worship
12. PUTTING ON THE BRAKES
13. A TENTATIVE CONCLUSION
14. AND FOR THE FUTURE?
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The paper traces the history of the UK and the devolved governments’ responses to the COVID-19 outbreak and, in particular, their impact on the exercise of religion and the responses of faith-communities. It discusses the legal and constitutional background and the implications for the right to manifest religion or belief under Article 9 ECHR. It looks at the impact on the practice of religion of the ‘lockdown’ restrictions on places of worship and personal contacts and at the attempts of government to accommodate them, at the responses of the major faith communities and at the various pieces of legislation and guidance as lockdown eased – and was tightened again in response to a second spike in infections. It concludes with some thoughts on how the situation might develop if and when the pandemic is brought to a close and suggests that there are constitutional questions to be asked, in particular, about the UK Government’s use of emergency powers to legislate without prior approval of Parliament.
1. PROLOGUE: A BRIEF OVERVIEW
2. THE COVID-19 OUTBREAK
3. THE LEGAL AND INSTITUTIONAL BACKGROUND
3.1. Statutory legislation in the United Kingdom
3.2. Human rights legislation
4. THE IMPOSITION OF REGULATION IN ENGLAND
4.1. The Westminster Government’s lockdown legislation
4.2. Introduction of legislation
4.3. The Government’s economic measures
5. EASING THE LOCKDOWN IN ENGLAND
5.1. General provisions for England
5.2. Local lockdown provisions
6. LOCKDOWN IN THE REST OF THE UK
6.1. Scotland
6.2. Wales
6.3. Northern Ireland
7. DID FAITH-GROUPS HAVE ANY INFLUENCE ON THE LEGISLATION?
8. REACTIONS TO THE LOCKDOWN PROVISIONS
8.1. The public reaction
8.2. Response of the legal community
9. LEGAL CHALLENGES
9.1. R (Hussain) v Secretary of State for Health & Social Care
9.2. Dolan Ors v Secretary of State for Health and Social Care & Anor
10. THE RESPONSE OF FAITH-GROUPS TO THE LEGISLATION
11. THE IMPACT ON FAITH-GROUPS
11.1. Marriage law
11.2. Loss of income
11.3. The Listed Places of Worship Grant Scheme
11.4. Gift Aid and the Gift Aid Small Donations Scheme
11.5. Furloughing staff
11.6. Reopening places of worship
12. PUTTING ON THE BRAKES
13. A TENTATIVE CONCLUSION
14. AND FOR THE FUTURE?
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