My Lords, nothing in the Bill would prevent that. This is about choice at a local level. As we have already heard, there are provisions for local authorities to have prayers or not have them. We have heard from two Members on both sides of the House who are, today, members of local authorities, neither of which has prayers. If a coercive practice were already in place, surely those two Members who have spoken—the noble Lord, Lord Kennedy, and my noble friend Lady Eaton—would have said that their local authority needed to have prayers. Neither has prayers, which again shows the openness of what is being suggested. Indeed, all we are asking for here—and the Government support the Bill—is the opportunity for people to be given a choice. I know that that is not something that my noble friend objects to.
Perhaps I may turn to the amendments. One of the key objectives of the Bill is to give authorities, including, crucially, those authorities that cannot exercise the general power of competence, the freedom to include in their formal business prayers or other religious observance or observance connected with a religious or philosophical belief. I reassure the noble Baroness, Lady Flather, and other noble Lords that, for the purposes of the Bill, religion is not defined; rather, the Bill refers to,
“observance connected with a religious or philosophical belief”,
as other noble Lords have pointed out, and to “religious observance” as well. The definition is wide enough to embrace what might be described as mainstream religions but it also includes those with a sincerely held belief that is not conventional. Therefore, we consider that the Bill is inclusive. We have no desire—nor is it the intention of the Bill—to produce an exhaustive list of what is and is not to be considered a religion or, in this case, prayers.
On a lighter note, when I first joined your Lordships’ House, I came from the private sector. My right honourable friend Eric Pickles has been referred to. When I became a Government Whip, I was told that every Wednesday morning Eric held prayers. I thought, “This is novel. We’re going to turn up and have prayers with Eric”. However, it was a reflection of what we term “certain meetings”, and I think that those are reflections of our traditions. Perhaps the definition of prayer—which is very wide—is, as the noble Baroness suggested, one that allows local authorities to decide, if they so choose, to have a moment of reflection rather than a formal prayer service according to one religion or another.
We consider it right that authorities should have this freedom and right that they should be able to decide for themselves whether to include town hall prayers as part of official business. It is right because, as I have said, we live in a multifaith nation that respects all faiths and those who have none, and it is right because we should provide a local choice and, where a council wishes to hold town hall prayers as part of its official business, it should not be denied
that freedom. I reassure noble Lords that the Bill does not compel town halls to adopt prayers. Nobody who does not wish to attend prayers as part of official business will be required to do so. Town halls may decide to have no prayers or to have a moment of reflection. That is part of the Bill, and the amendment seeks to remove that granting of freedom.
Amendment 2, coupled with Amendment 5, would introduce two new and, we believe, unnecessary restrictions, as the noble Lord, Lord Kennedy, pointed out, on the decision-making process in town halls. It is unnecessary because there is no need to require a two-thirds majority to enable a local authority to hold town hall prayers. As my noble and learned friend Lord Mackay ably described, this would mean that a minority might vote against prayers but still stop the council holding them as part of its official business. Do we want a minority stopping a majority from taking part in an item of business that nobody is compelled to take part in? That is exactly what the Bill is intended to put a stop to.
Nor is it necessary for a decision to include town hall prayers as part of official business to remain valid for only 12 months. The Government have worked hard to reduce red tape in councils, to remove burdens and to make town hall decision-making more transparent and accountable. This amendment would introduce, into a Bill that is about freedom to choose, a compulsion to revisit, year after year, a decision that has been taken and agreed. Councils are, of course, free to decide one way or the other on whether to include town hall prayers as part of its official business, and they are also free to reconsider their decision, but they should not be compelled to do so every 12 months.
I was interested to see the amendment that seeks to replace the Bill’s—if I may describe it as such—non-definition of town hall prayers with a definition of an act of worship. As I have already said, the Bill is carefully drafted to avoid the definition of prayer, religion or belief. The provision as drafted ensures that town halls are not limited to any particular act of worship or observance. This amendment may be intended to ensure that, through silence, no offence is caused. However, that would go against the Bill’s intent to recognise all faiths, and respect those with none, by compelling those who would otherwise vocalise their observance to remain silent. I worry that the amendment also goes against the transparency and accountability that we have worked so hard to ensure become part of town hall culture. I am also concerned that it seeks to silence those who would wish to make clear their belief.
Another amendment seeks to limit the time that the council may spend on an item of business—in this case, town hall payers or an observance connected with a religious or philosophical belief—to five minutes. I find that somewhat peculiar. I presume it is to ensure that town hall prayers do not take up too much valuable time. I have already mentioned transparency and accountability. We have ensured that the public can report on the proceedings of town hall meetings and I would imagine that the only measure of time deemed to be unreasonable for any item of council business is the length of time that the electorate consider
unreasonable, no matter what the business. As it is, local councils determine themselves, generally in guidance, how long should be spent on different agenda items.
In conclusion, we should trust local authorities and councillors to serve the interests of the public to whom they are accountable, without the need for any steer about how long they should take over this or that item of business. We should trust councils and the electorate. This Bill is all about choice—the choice of whether to allow or not to allow—and that choice is best made by those who are elected at a local level to serve their local electorate. With these assurances, I again reiterate the Government’s support of this Bill. After we have heard from my noble friend, I hope that the noble Earl will withdraw his amendment.