No information available.
Religious liberty in the UK
‘Conversion Therapy’
Efforts to legislate on so-called conversion therapy, also known as ‘conversion practices’, risk restricting the freedom of parents and churches that uphold biblical teaching on gender and sexual ethics. Abusive and coercive practices are already illegal.
Conversion therapy is usually defined as attempts to “change or suppress” a person’s sexual orientation and/or gender identity. Encouraging celibacy outside marriage has been described as a conversion practice.235 Activists believe that even “gentle, non-coercive prayer” should be covered by a ban.236 In Victoria, Australia, a conversion therapy law means it is illegal to give pastoral advice or pray with an individual in a way that is not ‘LGBT-affirming’.237
The Westminster Government first promised to “end” conversion therapy in 2018.238 Since then it has become a prominent focus of LGBT activists and some parliamentarians.
The Westminster Government consulted in 2021 on its proposals for a legislative ban, but no outcome of the consultation was announced.239 Draft legislation for pre-legislative scrutiny was promised but never published.240
Two Private Members’ Bills were brought forward in the 2023-24 session of Parliament. Women’s groups became increasingly vocal in their opposition because of the likely impact on conversations about gender. Neither Bill progressed. In the months before the election, a succession of amendments on conversion therapy were tabled. These were not debated by the time Parliament was dissolved for the election. Legal advice for The Christian Institute said all these proposals breached the European Convention on Human Rights.241
The Scottish Government consulted in 2024 on its plans for a new law on conversion practices.242 The proposals were criticised by senior lawyers as ‘legally incoherent’, “impossible to grasp” and “fundamentally illiberal in intent”.243 The consultation closed in April 2024.
Online Safety Act 2023
The Online Safety Bill was introduced to Parliament in May 2022. Alongside welcome measures aimed at keeping people safe online, the original Bill contained a dangerous category of ‘legal but harmful’ material. This was aimed at content deemed to be harmful to adults even though it did not break any laws, and which social media companies would have been expected to police. It led to fears that social media companies would go far beyond what the law set out. Traditional views on marriage, sexual ethics and gender could have been seen as valid targets for censorship, leaving free speech far more restricted online than offline.
The Government dropped the ‘legal but harmful’ provisions and the Bill became law on 26 October 2023.
Counter-extremism strategy
The Government’s counter-extremism strategy goes beyond tackling terrorism and violence to address ‘non-violent extremism’. In 2011 this was defined as “vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs”.244
Concerns were raised that this definition was too vague and subjective. The difficulty in agreeing a legal definition of extremism reportedly led to the Government abandoning a proposed counter-extremism Bill.245 David Anderson KC, the former Independent Reviewer of Terrorism Legislation, said an early draft extremism Bill was the most alarming document he saw in his time in the role, because of its implications for freedom.246
In 2024 the Government published a new non-statutory definition of extremism: “the promotion or advancement of an ideology based on violence, hatred or intolerance” that aims to “negate or destroy the fundamental rights and freedoms of others”, or “undermine, overturn or replace the UK’s system of liberal parliamentary democracy and democratic rights”.247 The new definition was intended to be used to determine who the Government would engage with. The Government said it was “the first in a series of steps to promote social cohesion, democratic resilience, and to counter extremism and religious hatred”.248
The Government’s Independent Reviewer of Terrorism Legislation, Jonathan Hall, warned the new definition risks covering “people who think bad things or have a bad ideology” rather than those “who are doing bad things”.249
‘British values’ in schools:
In 2014 Ofsted inspectors began carrying out ‘British values’ checks on schools across the education system in England. There were multiple reports of Ofsted inspectors failing to understand or respect the ethos of Jewish and Christian schools. Intrusive questions were asked of children and teachers about issues like same-sex marriage and transgenderism.
Ofsted inspections of churches:
The 2015 Counter-Extremism Strategy proposed that out-of-school institutions teaching children would in future have to register with the State. The Government consulted on giving Ofsted legal power to investigate any setting in England that provides instruction to children for more than six to eight hours in any week. The proposals stated that any “extremist” or “undesirable” teaching which is incompatible with ‘British values’ would be prohibited.250
The plans could have encompassed various forms of church youth work, such as Sunday Schools, holiday Bible clubs, church weekends away and some summer camps. Potential sanctions included banning leaders from working with children. Failure to register would have been a criminal offence. In April 2018 the plans were formally dropped.
Prevent:
The Prevent strategy was first introduced under Labour after the July 2005 London bombings. After the coalition Government reviewed the strategy in 2011, it began to focus more on non-violent extremists. The Prevent strategy has been controversial. Sir William Shawcross’s independent review, published in February 2023, concluded that Prevent has had ‘positive impacts’ as well as failures and areas for improvement.251 He said Prevent “must ensure a consistent and evidence-based approach to setting its threshold and criteria”.252
Reform of Section 5
The misuse of Section 5 of the Public Order Act 1986 led to several instances of Christians being arrested, detained and even prosecuted simply for expressing their religious beliefs.
In December 2012 the House of Lords overwhelmingly supported former police Chief Constable Lord Dear’s amendment to remove the word “insulting” from the scope of Section 5, voting 150 to 54. In January 2013, the Government conceded defeat.253 The reform officially came into force on 1 February 2014.
Injunctions to Prevent Nuisance and Annoyance (IPNAs)
Under Clause 1 of the Anti-social Behaviour, Crime and Policing Bill 2013, Anti-social Behaviour Orders (ASBOs) were set to be replaced by IPNAs. The proposed injunctions would have outlawed “causing nuisance or annoyance to any person” in a public place and were widely criticised as being too vague.254
In January 2014 the House of Lords voted to replace the proposed threshold with the safer, longstanding threshold of causing “harassment, alarm or distress”. The Government subsequently backed down and agreed to accept the basis of Lord Dear’s amendment.255
‘Hate crime’ and aggravated offences
Certain racially and religiously aggravated crimes automatically carry a tougher penalty in English law. Crimes motivated by hostility to sexual orientation and transgenderism can also receive a more serious sentence. Aggravated offences can be seen as undermining the notion that justice is blind, and creating a hierarchy of victims.
Stand-alone hate crimes, such as ‘incitement to hatred’ offences, pose a major threat to religious liberty.
Incitement to religious hatred law:
The Labour Government passed an incitement to religious hatred offence in the Racial and Religious Hatred Act 2006. After an extensive campaign, vital safeguards were introduced to protect, amongst other things, religious debate and evangelism. As amended, the law (which has a maximum seven-year prison sentence) only outlaws threatening words or behaviour intended to stir up hatred, and there is an explicit protection for free speech and evangelism. The Government opposed these safeguards, which were introduced by the House of Lords, but MPs voted in January 2006 to keep them.
‘Incitement to homophobic hatred’ law :
An ‘incitement to homophobic hatred’ offence was created by the Criminal Justice and Immigration Act 2008. It outlaws any threatening words or behaviour intended to stir up hatred on grounds of sexual orientation and carries a maximum seven-year prison sentence. The then Labour Government drew up the offence along the same lines as the law against inciting religious hatred, but did not include an explicit free speech protection. In response, the late Lord Waddington tabled a cross-party amendment in the House of Lords to protect free speech. The Labour Government was defeated in four separate votes in the Lords. Ministers finally conceded defeat and brought the new incitement law into force with the free speech clause in March 2010.
Scotland:
Until 2024, the stirring up hatred offence in Scotland only covered race. The Scottish Government’s Hate Crime and Public Order (Scotland) Act 2021, which came into force in April 2024, created a new offence covering religion, sexual orientation and transgender identity. After concerns were raised about free speech, the Government agreed to amend the Bill, including lifting the threshold so that intention to stir up hatred is required for an offence to be committed. Specific free speech provisions were also strengthened. There were over 7,000 hate crime reports to Police Scotland in the first week of implementation.256
Islamophobia
The All-Party Parliamentary Group on British Muslims published a definition of ‘Islamophobia’ in November 2018: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness”.257 This was adopted by several political parties but rejected by the Conservative Government. An open letter to the Home Secretary criticised the definition as not being fit for purpose and at risk of being used to “shut down legitimate criticism and investigation”. Signatories included the National Secular Society, Richard Dawkins, Peter Tatchell, Bishop Michael Nazir-Ali and Baroness Cox.258
Employment laws
In 2003 the Labour Government introduced special employment rights for homosexuals. After a long campaign by church schools, churches and Christian organisations, the Government added an exemption so that such bodies are not forced to employ practising homosexuals.
Nevertheless, the legislation makes it more difficult for church schools, churches and Christian organisations to refuse to employ staff whose conduct does not match their Christian profession.
Also in 2003, the Government introduced similar regulations covering ‘religion or belief’, removing the absolute discretion of churches to employ believers in whatever posts they see fit. In theory the regulations give employment protection for religious believers in secular workplaces. But the greatest concern has been the potential to restrict the freedom of Christian organisations to employ believers.
Equality Act 2006
The Equality Act made it unlawful to discriminate against someone on the grounds of religion or belief in the provision of goods, facilities and services. It contained some exceptions for churches and religious organisations, but did not adequately protect the rights of conscience of individuals in business. The Act also established the Equality and Human Rights Commission and allowed ministers to introduce the Sexual Orientation Regulations.
Sexual Orientation Regulations 2007 (SORs)
The Labour Government introduced the Sexual Orientation Regulations in April 2007. The SORs outlawed discrimination on grounds of sexual orientation in the provision of goods, facilities and services. The SORs were used to fine Christian owners of a bed and breakfast for operating a ‘married couples only’ policy for double rooms. The 2006 Northern Ireland SORs led to the court case against Ashers Baking Company for declining to produce a cake with the slogan ‘Support Gay Marriage’. The SORs also forced all Roman Catholic adoption agencies in England to either close or secularise.
Equality Act 2010
The Labour Government’s Equality Bill debated by Parliament in 2009-10 sought to consolidate all discrimination laws, including the Equality Act 2006 and the SORs, into a single Act. As introduced it would have narrowed the employment freedom of churches and religious organisations even further than the 2003 employment laws (see above). However, this was prevented when the Government was defeated three times in the House of Lords.
Lobbying Act 2014
The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 changed electoral law. It does not target professional lobbyists but instead hinders the work of voluntary groups and grassroots organisations, including Christian groups.
During the passage of the Bill, some 130 groups supported the Commission on Civil Society and Democratic Engagement. The pressure generated by this campaign led to various Government concessions in the Bill.
Education
ⓘ Education policy is devolved to both Scotland and Wales.
Sex education (England)
In September 2020 the Conservative Government introduced a new statutory subject of ‘Relationships Education’ to primary schools in England. Young children are taught about homosexuality, transgenderism and same-sex marriage. Parents have no right of withdrawal. A secondary school subject called Relationships and Sex Education (RSE) – covering “sex, sexuality, sexual health and gender identity” – includes a partial right of withdrawal. Department for Education (DfE) guidance says schools “are free to determine” how they address LGBT content but it should be “fully integrated” when taught.259 The DfE says secondary schools should cover LGBT content and that primary schools are “strongly encouraged” to do so.260
Controversy over inappropriate content being used in schools – and parents being refused access to the material – led the Government to commission an independent review in 2023.261 The findings of the review were never published, but informed new draft statutory guidance published for consultation in May 2024. This guidance sets age restrictions on some topics. Puberty should not be taught about before year 4 and sex education should not be taught before year 5. Explicit discussion of sexual activity should not take place before year 9.262 The draft guidance adds that the concept of gender identity and the idea that ‘gender is a spectrum’ should not be taught at all. It also says schools should ensure that RSE teaching materials are available to parents and that parents are aware of what is being taught.263 The consultation closes on 11 July 2024.
Religious education and school assemblies (England)
The law in England requires the main content of religious education in non-denominational schools to be devoted to the study of Christianity.264 There must also be a daily act of collective worship in schools that is “wholly or mainly of a broadly Christian character”.265 Teachers and pupils can opt out of the act of worship.
Home education (England)
In law, parents are responsible for ensuring their children receive a suitable education, at school or otherwise. Education is compulsory, but school is not.
There have been growing calls for the regulation of home education. Senior Ofsted and local authority figures have made a link between home education and unregistered schools.
The Schools Bill 2022 included a duty on local authorities to maintain a register of school-age children not attending school. Parents would have been required to supply the information for the register to the local authority.
The Bill was dropped in December 2022.266
Promoting homosexuality in schools
In 2003 Labour repealed ‘Section 28’ – which stopped the promotion of homosexuality in schools – for England and Wales. Section 28 was repealed in Scotland in 2000.
Marriage and the Family
Same-sex marriage
The Marriage (Same Sex Couples) Act 2013 introduced same-sex ‘marriage’ in England and Wales from March 2014.
Religious groups can opt in to conduct same-sex weddings if they wish but the Act specifically excludes same-sex weddings within the Church of England and the Church in Wales.267 It also states that no church or church minister can be compelled “by any means” to carry out a same-sex wedding.268 The Marriage and Civil Partnership (Scotland) Act 2014 introduced same-sex ‘marriage’ in Scotland, with similar protections for church ministers who disagree with it.
After the collapse of devolved government, MPs at Westminster voted in July 2019 to impose same-sex marriage on Northern Ireland.269
Civil partnerships
In 2005 the UK’s Civil Partnership Act came into force, allowing same-sex couples to legally register their relationship. The rights and privileges of marriage and civil partnership are virtually identical. It was seen by many as paving the way for same-sex marriage.
The Supreme Court ruled in June 2018 that it was unlawful that heterosexual couples could only marry while same-sex couples had the choice of marriage or civil partnership. Following this, the UK Government agreed to support a Private Member’s Bill requiring civil partnerships to be extended to heterosexual couples by the end of 2019.270 The Scottish Government also introduced opposite-sex civil partnerships in 2020.271
Marriage tax breaks
In April 2014 MPs voted in favour of a tax break for married couples and civil partners. The transferable tax allowance is worth up to £252 in 2024-25.272
Divorce
In April 2022, the Divorce, Dissolution and Separation Act 2020 came into force, introducing easier ‘no-fault’ divorce in England and Wales. Prior to this, one of five ‘facts’ had to be proven to show that a marriage had broken down irretrievably. These included matters of fault, like adultery, as well as separation of the parties.
Under the new system, a person can get a divorce in six months without having to give a reason and without their spouse being able to contest it.
Parental smacking
The defence of reasonable chastisement protects a parent from being wrongly prosecuted for assault for disciplining their child with a light smack on the hand or bottom. This defence is still the law in England and Northern Ireland. Crown Prosecution Service guidance for England says anything that causes “more than temporary reddening of the skin” is not reasonable and is therefore criminal.273 Acts abolishing the reasonable chastisement defence in Scotland and Wales came into force in November 2020 and March 2022 respectively, criminalising all parental smacking.
Adoption
The Adoption and Children Act 2002 legalised joint adoption by cohabiting heterosexual and homosexual couples in England and Wales. Before this, some 95 per cent of all adoptions were by married couples and the other five per cent were by single persons.274 In England and Wales in 2022-23, over a fifth of adoptions were to same-sex couples.275 The Adoption and Children (Scotland) Act 2007 legalised joint adoption by cohabiting and homosexual couples in Scotland.
Transgenderism
The UK’s Gender Recognition Act 2004 allows an adult who has been diagnosed with “gender dysphoria”276 by two doctors and has lived for two years as if the opposite sex to change legal sex, including on their birth certificate.
There is pressure to liberalise the 2004 Act, so people can change legal sex without any need for a medical diagnosis (gender ‘self-ID’ or ‘self-declaration’). There have also been calls for the minimum age to be reduced from 18 to 16, and for legal recognition for those who say they are neither male nor female (‘non-binary’).277
The UK Government consulted on changing the Act for England and Wales in 2018. Its stated aim was to make it “less intrusive and bureaucratic” to change legal sex.278 The Government announced in September 2020 that the substantive changes to the Gender Recognition Act would not go ahead.279 Instead, the process was moved online and the fee reduced from £140 to £5.
In 2017 the Scottish Government consulted on a proposal to allow self-ID. A further consultation on a draft Bill was held in 2020.280 The Gender Recognition Reform (Scotland) Bill completed its passage through the Scottish Parliament in December 2022. In addition to allowing change of legal sex by self-declaration, it reduced the minimum age from 18 to 16. But citing various concerns, including the impact on reserved equality legislation, the Westminster Government exercised its power under Section 35 of the Scotland Act 1998 to prevent the legislation receiving Royal Assent.281 The legislation has therefore not become law. This is the only time Section 35 has been used. In December 2023, following a legal challenge by the Scottish Government, Scotland’s Outer House of the Court of Session ruled that the UK Government had acted lawfully.282
Cass Review:
In 2020, NHS England commissioned an independent review of its Gender Identity Development Service (GIDS) for children and adolescents, managed by the Tavistock and Portman NHS Foundation Trust. The review, led by Dr Hilary Cass, came after a sharp increase in the number of referrals to GIDS, from 77 in 2009-10 to 2,728 in 2019-20.283
Following the Cass Review’s interim report in February 2022 stating GIDS was “not a safe or viable long-term option”, it was announced that GIDS would close and be replaced by services taking a more holistic approach.284
The final Cass Report was published in April 2024. It concluded that giving gender-confused children puberty blockers was based on “remarkably weak evidence”.285 Cass urged the NHS to review its use of cross-sex hormones and ensure that gender-confused children receive a holistic assessment of all their needs.286 The report left open the possibility of drugs for some “for whom medical intervention is clinically indicated” but said: “For the majority of young people, a medical pathway may not be the best way to manage their gender-related distress.”287 Cass recommended a cautious approach to social transition, including clinical involvement from properly trained staff.288
NHS England stopped the routine prescription of puberty blocker treatments to under-18s and is reviewing all treatment provided to those identifying as transgender, including adults.289 NHS Scotland’s only specialist gender service for under-18s has also paused prescribing puberty blockers.290
Medical ethics
Abortion
The present law allows abortion up to 24 weeks’ gestation for a wide range of reasons, but permits abortion up to birth where the child may have ‘a serious handicap’. ‘Serious handicap’ has not been defined. The diagnosis of a comparatively trivial condition, such as a cleft palate, has been used as a ground for an abortion.291 In 2022 in Great Britain, over 98 per cent of the 268,718 legal abortions were carried out for ‘social reasons’.292
In 2008 pro-life MPs sought unsuccessfully to reduce the 24-week limit.
The coalition Government stated on numerous occasions that sex-selective abortion is illegal in Britain. However, the head of British Pregnancy Advisory Service (BPAS) claimed that the “law is silent on the matter of gender selection”.293 The Daily Telegraph carried out an investigation in 2012 that caught two doctors offering abortions to women who said their babies were the ‘wrong sex’.294 The CPS did not charge the two doctors, saying it was not in the public interest.295 In February 2015, MPs rejected an amendment proposed by Conservative MP Fiona Bruce to clarify that abortion on the grounds of sex alone is illegal.
Department of Health guidance on abortion released in May 2014 said there is “no legal requirement” for doctors to see women seeking an abortion before approving it. It suggested that nurses could see the patient instead. The guidance also suggested doctors could talk to the patient over the phone or via a webcam.296 This was seen by some as the biggest liberalisation of abortion practice in England and Wales since the 1967 Abortion Act.
In 2017 and 2018, rules were changed in Scotland, Wales and England to allow women to take the second abortion pill, Misoprostol, at home rather than in a clinical setting.297
In March 2020, temporary provision was made because of COVID to allow women to take both abortion pills at home during the first trimester after a phone or video consultation with a doctor. This was made permanent in England, Wales and Scotland in 2022, despite concerns about policy and examples of women taking the pills well after the first trimester.298 Carla Foster procured an illegal at-home abortion while 32-34 weeks pregnant, and was initially imprisoned before being given a suspended sentence on appeal.299 Her case became a cause célèbre for those seeking to liberalise abortion law, with amendments tabled in 2024 to the Government’s Criminal Justice Bill aimed at full decriminalisation. These amendments fell with the Bill when the election was called.
‘Buffer zones’:
Some local councils used powers under the Anti-Social Behaviour Act 2014 to create ‘buffer zones’ around abortion clinics, preventing any pro-life presence. In 2018 the UK Government reviewed whether it should create buffer zones for all abortion venues nationwide, but said that doing so would not be “proportionate”.300
In 2022, a backbench amendment to the Public Order Bill created a 150-metre buffer zone around every abortion centre in England and Wales. The legislation has not yet come into force. The Home Office published draft non-statutory guidance for consultation in December 2023.301 The final guidance has not been published.
Gillian Mackay MSP’s Abortion Services (Safe Access Zones) (Scotland) Bill will introduce 200-metre buffer zones around every abortion venue in Scotland.
Northern Ireland:
In July 2019, MPs at Westminster voted to make abortion law in Northern Ireland the most liberal in the UK. Abortion is now allowed in Northern Ireland up to 12 weeks gestation without giving a reason and – as with the rest of the UK – up to 24 weeks for most reasons and up to birth on the grounds of disability.
Human Fertilisation and Embryology (HFE) Act 2008
The HFE Act liberalised UK law on the use of embryos. The most controversial elements included allowing scientists to create animal-human hybrid embryos, permitting the selection of embryos to be born as ‘saviour siblings’ for a child with a serious medical condition, and abolishing ‘the need of a child for a father’ requirement in IVF.302 The work on animal-human hybrids was abandoned as a failure a year after the Act was passed.303
GM babies
The HFE Act permitted future regulations allowing scientists to create genetically modified children for women who have mitochondrial disease. The coalition Government introduced these regulations in February 2015, making the UK the first country in the world to legislate for techniques to create GM children with three or four parents.304 The procedures involve germline modification, which could affect future generations in unknown ways. The first licence to create three and four-parent babies was granted by the Human Fertilisation and Embryology Authority in March 2017.305
Assisted suicide/euthanasia
Euthanasia by acts of commission, such as by administering a lethal injection, is illegal in the UK, as is assisting someone to commit suicide. Pro-euthanasia campaigners have made repeated attempts to change the law.
In 2015, Labour MP Rob Marris introduced a Private Member’s Bill to legalise assisted suicide in England and Wales. In September 2015 it was defeated in the Commons, by 330 votes to 118.
MSPs rejected the Assisted Suicide (Scotland) Bill in May 2015 by 82 votes to 36, but new legislation brought forward by Liam McArthur MSP is currently before the Scottish Parliament.
In June 2014 the UK Supreme Court dismissed an appeal to allow doctors to assist in suicides. Judges upheld an earlier decision by the High Court, saying that it is a matter for the UK Parliament to decide.306 The European Court of Human Rights has confirmed that the law on assisted suicide is a matter for Member States.307 In December 2019, the High Court in London denied a paralysed man, the late Paul Lamb, permission to judicially review the law on assisted suicide. The Court of Appeal also rejected his appeal.308
Organ donation
Presumed consent systems for organ donation, also known as ‘opt out’, have been introduced throughout Great Britain. They replaced the previous ‘opt-in’ framework. The law in Wales changed in 2015, in England in 2020 and in Scotland in 2021.
Under this system, a competent adult who has not recorded an opt-in or opt-out decision may be deemed after their death to have authorised the donation of their organs and tissue for transplantation.
Some argue that presumed consent systems increase organ donation rates. Others believe that this is doubtful and that improving staff training and infrastructure, and increasing public awareness, are more effective.
Opt-out systems may be seen as increasing the power of the State at the expense of individuals and families.
Public morality
Drugs
The law categorises illegal drugs as either class A, B or C according to their harmfulness. The classification determines the criminal penalties for possession and supply. The most harmful drugs, such as cocaine and heroin, are class A. Class B includes cannabis and speed (amphetamines) and class C includes sleeping pills.
In November 2003 the Government reclassified cannabis from class B to class C. This came into force in 2004 across the whole of the UK. However, the drug was restored to class B in 2009 due to overwhelming evidence of cannabis damaging mental health.309
There is an ongoing campaign to dismantle the UK’s drugs legislation. Two House of Commons committees – the Health and Social Care Committee and the Scottish Affairs Committee – have called for possession of drugs for personal use to be decriminalised.310
‘Drug consumption rooms’ allow addicts to bring their own drugs and take them under supervision. The first such facility in the UK is due to open in Glasgow this year. In Scotland there were more than 1,000 drug-related deaths in each of the last six years.311 It has the worst drug-death rate in Europe.312
Gambling
In 2005 the Labour Government passed the Gambling Act. It removed restrictions controlling some of the worst excesses of casinos, betting shops and slot machines. It formally legalised ‘virtual casino’ machines, known as fixed-odds betting terminals (FOBTs), in betting shops and elsewhere. The Act also greatly reduced restrictions on opening new casinos, repealed the 24-hour membership requirement and lifted the general ban on all gambling advertising. In addition, slot machines with unlimited stakes and prizes were allowed for the first time.
Licences were granted for 16 huge new casinos – with the smallest of them considerably bigger than most that existed before the Act. As Prime Minister, Gordon Brown rejected plans for the one super casino allowed by the legislation.313
In October 2016 the Conservative Government announced a review of gaming machines, asking whether changes should be made to maximum stakes or prizes. FOBTs have been called the ‘crack cocaine’ of gambling and allowed gamblers to stake £100 every 20 seconds – up to £18,000 an hour. In May 2018 the Government announced that the maximum stake on FOBTs would be reduced from £100 to £2. This was implemented from April 2019.314 The Scotland Act 2016 devolved power over the number of FOBTs allowed per betting premises licence – but only for future licences. The Wales Act 2017 gives equivalent power to the Welsh Parliament.
Following a wider review of the Gambling Act 2005, the Government published a White Paper in April 2023 setting out plans to “reform the regulation and legislation governing the gambling sector”.315 These included stake limits on online slots, strengthening informational messaging about gambling risks and allowing some casinos to have more gambling machines. The measures were subject to further consultation and most were not implemented before the election.316
Sunday trading
Sunday trading was legalised in England and Wales in 1994, when the Sunday Trading Act allowed six hours of unregulated trading for large stores.
In 2015-16, the Government sought to further liberalise the law by giving local authorities or mayors the power to extend Sunday trading hours in their area. In March 2016 the proposed legislation was defeated in the Commons following cross-party opposition.
Deregulation undermines Sunday as a day of rest. It would also put further pressure on employees to work on Sundays. Employee protections in the legislation have proved to be weak.
Online pornography
There has been increasing concern about children accessing pornographic content online. A study for the Children’s Commissioner found that children as young as nine were being exposed to pornography, with half of 13-year-olds having seen it.317
The Digital Economy Act 2017 would have required pornography websites to have age-verification checks to prevent under-18s accessing the content. Although Parliament passed the legislation, it was not brought into force by the Government, and was formally dropped in 2019. Ministers said future online harms legislation would include similar protections.318
However, the draft version of the Online Safety Bill first presented to Parliament in 2021 did not cover content created by porn companies themselves or contain clear standards for age checks. Significant amendments to make the regime more robust were later added by the Government under significant cross-party pressure.
The final legislation requires both social media and pornography websites to implement measures that are “highly effective at correctly determining whether or not a particular user is a child”. The Online Safety Act became law in October 2023, but Ofcom’s enforcement regime is not yet in place. Ofcom’s weak track record enforcing a parallel system for video-on-demand services, as well as the scale of its responsibilities under the new Act, has led to fears over how effective the Act will be.
The Constitution
The constitutional settlement in Britain provides that Britain is not a secular State. The [Protestant Reformed] Christian nature of the constitution is evident not only in the monarch’s coronation oath, but also in the establishment of the Church of England.
Council prayers
In February 2012, a High Court judge ruled that local councils had no lawful power to hold prayers during official business. In response, the coalition Government fast-tracked the commencement of new laws which overtook the Court’s ruling. The Localism Act restored the right of councils to hold prayers as part of their formal meetings. The later Local Government (Religious etc. Observances) Act 2015 was supported by the coalition Government and the Opposition and provided the legal right for smaller councils not covered by the Localism Act to hold prayers at the start of their meetings.
Parliament
Christians should be concerned about any ‘party list’ system which concentrates power in the hands of the political parties and prevents the public from voting for a particular candidate. Many Christians may want to vote for a person whose views on moral issues are not the same as party policy, but such a system would compel them to vote for the party as a whole. Christians often tell the Institute they are disappointed that their MP feels pressured to follow the party whip. In a ‘party list’ system of proportional representation, a political representative is entirely dependent on the party for his or her position, meaning such pressure can only grow.
Clearly there is no uniquely biblical model for the existence of a second chamber or how one should be organised. However, it is worth noting that in recent years it has been the House of Lords, not the Commons, which has been the more effective protector of religious liberties.