Kirk launches legal battle to reopen churches
●Scottish Government facing court challenge over refusal to recognise ‘right to worship’
Religious leaders in Scotland have started legal proceedings against the Scottish Government over the closure of churches.
Lockdown measures designed to stop the spread of coronavirus have forced the shutting of places of worship.
Representatives from the Church of Scotland, the Free Church of Scotland, the Free Church of Scotland (Continuing) and a number of independent churches have now launched a claim for judicial review.
Rev. William Philip, leader of the Tron church in Glasgow city centre, said: “We are able to do some things
remotely via broadcasting but many – especially the poorest, the oldest and those most vulnerable – have no access to this.
“They are excluded completely from the possibility of Christian worship and the comfort and encouragement in life and death only this can give.
“Due to the severe restrictions upon gatherings and significant distress this has caused, we have faced no alternative but to pursue legal action.”
As part of the latest lockdown rules, places of worship are only permitted to conduct weddings or funerals – with the number of attendees strictly limited – and to broadcast services online.
Communal worship can continue south of the Border subject to restrictions on attendance.
A pre-action letter was sent threatening legal action on January 15, giving ministers until 5pm on January 21 to respond.
Lawyers for the faith representatives will now argue the regulations are in violation of the European Convention on Human Rights and the Scottish
Constitution. However, not every Kirk was in agreement with the move.
A Church of Scotland spokesman said: “We do not think threatening legal action is the right course to take when the country is under threat from Covid-19.
“We fully accept that the latest pandemic restrictions mean that we have to close churches again for the time being.
“The vast majority of our members understand and support these temporary restrictions.
“We will continue to work with the Scottish Government to ensure that reopening churches will happen as soon as it can be done safely.
“We, along with other faith community leaders, encourage people to take measures that will ensure their safety and the safety of others and be vaccinated when the opportunity arises."
“We look forward to the day we can be together again in church.
“In the meantime, we are encouraged by the many church congregations across Scotland who are offering essential support – both spiritual and practical – to their local communities.”
The news came as it emerged trust in the Scottish Government dropped towards the end of last year ahead of the announcement of a new, full lockdown in the first week of January.
Compliance in the rules was also the lowest in November and December in the week the new, more transmissable variant was first announced by the UK Government and reported as being identified in Scotland.
The polling comes after Scotland saw a record number of deaths from Covid-19 in early January, twinned with a record number of hospital cases and those being treated for Covid-19 in intensive care.
The lockdown announcement that followed in early January led to the lowest levels of optimism amongst Scots, with people as optimistic as they were at the start of the first lockdown in March 2020.
Figures published by the Scottish Government in their monthly Public Attitudes to Coronavirus survey show that 45 per cent of Scots said they took advantage of the easing of restrictions, with 54 per cent stating they did not.
This was higher than the equivalent figures for intention to take advantage of the relaxation ahead of the decision to tighten the restrictions.
On December 15 to 16, 38 per cent of Scots said they intended to take advantage of the relaxations versus 51 per cent saying they would not.
Around 60 per cent also said the relaxation of the rules went too far, according to the monthly Yougov survey.
At the time of announcing the initial relaxations, Nicola Sturgeon said: "We are determined to strike the right balance between the understandable desire – which I share – to see family over the Christmas period, but also to do that in a way that does not lead to increased loss of life and harm to health over January."
However, announcing the tightening of restrictions in late December, the First Minister said that announcing the changes “made her want to cry”, but insisted they were needed to “prevent things getting worse – potentially very quickly".
The most common way Scots celebrated Christmas was within their own household, but 9 per cent said they would have a celebration with multiple households, and 17 per cent said they would travel to see family and friends.
Just over a quarter of of Scots – the highest recorded in November and December – told the survey they engaged in non-compliant activities in the week of December 15.
The new, more transmissable variant of Covid-19 was announced by UK health secretary Matt Hancock on December 14 and is thought to have been well established in Scotland at this point, with the majority of cases of Covid-19 believed to be the new variant by early January.
Trust in the Scottish Government had also dropped the week the new variant was announced, falling from an average of around 67 per cent to a low of 61 per cent.
However, the survey states around 60 per cent of Scots say they are extremely likely to take the Covid-19 vaccine.
That proportion has risen steadily since November when 41 per cent said they would be extremely likely to accept a vaccination.