In earlier and well- publicised remarks, the MP for Kettering stated that he would not meet with any constituent who refused to remove a niqab or burka.
The warning letter advises that “as an MP providing a service… the obligation under the Equality Act not to discriminate… applies to you” and makes clear that Liberty “will be happy to represent any of your constituents that you refuse to meet because they are veiled.”
James Welch, Legal Director for Liberty, said:
“Religion is a perfectly legitimate subject for debate but in the UK at least, it is not a lawful basis for discrimination. Here the struggle for religious freedom was vital to the struggle for democracy itself. Common sense and decency suggest that neither freedom nor integration is achieved by cutting people off from their elected representatives or arresting them for walking down the street.”
“We have written to Mr Hollobone to advise him of the law as enacted by Parliament and feel confident that no well-advised Honourable Member would seek to breach it by meeting with Constituents on a discriminatory basis.”
Article 9 of the ECHR states that everyone has the freedom to manifest their religion or belief in worship, teaching, practice and observance. Any interferences with this right must be both necessary (e.g. to protect other people) and proportionate. The Equality Act 2006 prohibits both direct and indirect discrimination on the grounds of a person’s religion or belief. This prohibition applies to, amongst others, those providing a service or who have functions of a public nature.
Journalists contact Liberty’s press office NOTES TO EDITORS:
1. The niqab is a veil for covering the hair and face except for the eyes. The burka is a loose enveloping garment that covers the face and body.
2. In an interview with the Independent on 17July 2010, Mr Hollobone MP was asked about meeting with veiled constituents. He said "I would ask her to remove her veil. If she said: 'No', I would take the view that she could see my face, I could not see hers, I am not able to satisfy myself she is who she says she is. I would invite her to communicate with me in a different way, probably in the form of a letter.” A link to the article can be found
here.
3. Article 9 of the European Convention on Human Rights:
- Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
- Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others
