Act 2 Chapter 2
PRESS STATEMENT by LEWIS LDOS – Tuesday 2nd June 2009
Queen's Counsel dismisses CalMac legal claims – 'all are being treated equally'
Top Scots advocate Gordon Jackson, former Labour Labour MSP for Glasgow Govan, has ridiculed claims by state-owned ferry company Caledonian MacBrayne Ltd that it is obliged to provide a Sunday ferry service between Stornoway and Ullapool or risk legal action under the Equality Act 2006.
Caledonian MacBrayne claimed last month to have senior 'Counsel's Opinion' to that effect but have repeatedly refused to make that legal advice public.
Now, following instruction by supporters of the traditional Lewis Sunday, Gordon Jackson QC has demolished the ferry company's logic.
'I am not at this stage considering whether or not, in general terms, Caledonian MacBrayne can be prevented from running a Sunday ferry if they wish to do so,' Mr Jackson points out.
But 'Caledonian MacBrayne seem to be suggesting that they are obliged to provide this service because of the Equality Act 2006 and indeed claim to have Counsel's Opinion to that effect... Caledonian MacBrayne have made reference to Section 46 of the Equality Act which makes discrimination on the grounds of religious belief (which includes a lack of belief) unlawful.'
'I find it very difficult to accept or indeed fully understand this argument,' declares Gordon Jackson, pointing out that it is 'quite clear' what this portion of the Equality Act addresses.
'If a service is being provided, ie a ferry is running on a particular date, it would be unlawful to deny that service to any person because of their religious belief or lack of it. Put simply, it would be unlawful to have a ferry running but deny access to, for example, a Jew or Catholic or for that matter an atheist.
It is in my opinion an entirely different matter to decide for whatever reason that a particular service will not be provided to anyone. In that situation all are being treated equally in that no person of any belief or none can travel on the ferry.'
'This is compelling proof that for the last three weeks CalMac have been talking nonsense,' says Lewis LDOS Chairman, local minister Rev. Iain D Campbell.
'We've been suspicious from the start because of their stubborn refusal to make public their legal advice.
'Now we have this hard legal advice of our own – from one of the best advocates in the country – and it blows the CalMac case out of the water.
'At the very least, Gordon Jackson's Opinion confirms that we're being threatened with a Sunday ferry on the basis of a questionable interpretation of the law.
'Every test of local opinion, including a majority of our councillors, shows strong opposition to this service. We don't want it, this incompetent legal blustering has infuriated the community and CalMac should back down now.'
ENDS
-----
The full text of Mr Jackson's Opinion is appended below.
I have been instructed in connection with a proposal by Caledonian MacBrayne to introduce Sunday ferries between Stornoway and Ullapool.
At present the regular ferry between Stornoway and Ullapool does not run on a Sunday. I assume that this is because of the religious feeling on Lewis against a Sunday ferry and a decision by Caledonian MacBrayne to give effect to that.
I am not at this stage considering whether or not, in general terms, Caledonian MacBrayne can be prevented from running a Sunday ferry if they wish to do so. The precise issue for the moment is the apparent reason given by Caledonian MacBrayne as to why they feel obliged to begin this service.
Put shortly, Caledonian MacBrayne seem to be suggesting that they are obliged to provide this service because of the Equality Act 2006 and indeed claim to have Counsel’s Opinion to that effect. I have not had sight of any such Opinion and do not know precisely what is being argued but Caledonian MacBrayne have made reference to Section 46 of the Equality Act which makes discrimination on the grounds of religious belief (which includes a lack of belief) unlawful. The argument seems to be that Caledonian MacBrayne in not running a service would be unlawfully discriminating against those people who wish the service and be doing so on the grounds of religious belief.
I find it very difficult to accept or indeed fully understand this argument. It is certainly unlawful to discriminate in the provision of services on the grounds of religion. It is, however, in my opinion, quite clear what that truly refers to. If a service is being provided, i.e. a ferry is running on a particular date, it would be unlawful to deny that service to any person because of their religious belief or lack of it. Put simply, it would be unlawful to have a ferry running but deny access to, for example, a Jew or Catholic or for that matter, an atheist.
It is in my opinion an entirely different matter to decide for whatever reason that a particular service will not be provided to anyone. In that situation all are being treated equally in that no person of any belief or none can travel on the ferry.
It cannot, therefore, in my opinion, be argued that this anti discrimination legislation places a legal obligation on Caledonian MacBrayne to provide a particular service. Nor does it matter what the reason for not providing the service is. Put another way, this legislation cannot force any body or person to provide a service which they do not wish to provide at all.
I should, of course, re-state that I am not at all suggesting that Caledonian MacBrayne can be prevented from providing this service if they so wish. I do, however, disagree with their apparent justification for so doing.
GORDON JACKSON QC
Advocates Library,
Parliament House,
EDINBURGH, EH1 2RF
2nd June, 2009.
Queen's Counsel dismisses CalMac legal claims – 'all are being treated equally'
Top Scots advocate Gordon Jackson, former Labour Labour MSP for Glasgow Govan, has ridiculed claims by state-owned ferry company Caledonian MacBrayne Ltd that it is obliged to provide a Sunday ferry service between Stornoway and Ullapool or risk legal action under the Equality Act 2006.
Caledonian MacBrayne claimed last month to have senior 'Counsel's Opinion' to that effect but have repeatedly refused to make that legal advice public.
Now, following instruction by supporters of the traditional Lewis Sunday, Gordon Jackson QC has demolished the ferry company's logic.
'I am not at this stage considering whether or not, in general terms, Caledonian MacBrayne can be prevented from running a Sunday ferry if they wish to do so,' Mr Jackson points out.
But 'Caledonian MacBrayne seem to be suggesting that they are obliged to provide this service because of the Equality Act 2006 and indeed claim to have Counsel's Opinion to that effect... Caledonian MacBrayne have made reference to Section 46 of the Equality Act which makes discrimination on the grounds of religious belief (which includes a lack of belief) unlawful.'
'I find it very difficult to accept or indeed fully understand this argument,' declares Gordon Jackson, pointing out that it is 'quite clear' what this portion of the Equality Act addresses.
'If a service is being provided, ie a ferry is running on a particular date, it would be unlawful to deny that service to any person because of their religious belief or lack of it. Put simply, it would be unlawful to have a ferry running but deny access to, for example, a Jew or Catholic or for that matter an atheist.
It is in my opinion an entirely different matter to decide for whatever reason that a particular service will not be provided to anyone. In that situation all are being treated equally in that no person of any belief or none can travel on the ferry.'
'This is compelling proof that for the last three weeks CalMac have been talking nonsense,' says Lewis LDOS Chairman, local minister Rev. Iain D Campbell.
'We've been suspicious from the start because of their stubborn refusal to make public their legal advice.
'Now we have this hard legal advice of our own – from one of the best advocates in the country – and it blows the CalMac case out of the water.
'At the very least, Gordon Jackson's Opinion confirms that we're being threatened with a Sunday ferry on the basis of a questionable interpretation of the law.
'Every test of local opinion, including a majority of our councillors, shows strong opposition to this service. We don't want it, this incompetent legal blustering has infuriated the community and CalMac should back down now.'
ENDS
-----
The full text of Mr Jackson's Opinion is appended below.
OPINION OF SENIOR COUNSEL
FOR
REV. IAIN CAMPBELL
FOR
REV. IAIN CAMPBELL
I have been instructed in connection with a proposal by Caledonian MacBrayne to introduce Sunday ferries between Stornoway and Ullapool.
At present the regular ferry between Stornoway and Ullapool does not run on a Sunday. I assume that this is because of the religious feeling on Lewis against a Sunday ferry and a decision by Caledonian MacBrayne to give effect to that.
I am not at this stage considering whether or not, in general terms, Caledonian MacBrayne can be prevented from running a Sunday ferry if they wish to do so. The precise issue for the moment is the apparent reason given by Caledonian MacBrayne as to why they feel obliged to begin this service.
Put shortly, Caledonian MacBrayne seem to be suggesting that they are obliged to provide this service because of the Equality Act 2006 and indeed claim to have Counsel’s Opinion to that effect. I have not had sight of any such Opinion and do not know precisely what is being argued but Caledonian MacBrayne have made reference to Section 46 of the Equality Act which makes discrimination on the grounds of religious belief (which includes a lack of belief) unlawful. The argument seems to be that Caledonian MacBrayne in not running a service would be unlawfully discriminating against those people who wish the service and be doing so on the grounds of religious belief.
I find it very difficult to accept or indeed fully understand this argument. It is certainly unlawful to discriminate in the provision of services on the grounds of religion. It is, however, in my opinion, quite clear what that truly refers to. If a service is being provided, i.e. a ferry is running on a particular date, it would be unlawful to deny that service to any person because of their religious belief or lack of it. Put simply, it would be unlawful to have a ferry running but deny access to, for example, a Jew or Catholic or for that matter, an atheist.
It is in my opinion an entirely different matter to decide for whatever reason that a particular service will not be provided to anyone. In that situation all are being treated equally in that no person of any belief or none can travel on the ferry.
It cannot, therefore, in my opinion, be argued that this anti discrimination legislation places a legal obligation on Caledonian MacBrayne to provide a particular service. Nor does it matter what the reason for not providing the service is. Put another way, this legislation cannot force any body or person to provide a service which they do not wish to provide at all.
I should, of course, re-state that I am not at all suggesting that Caledonian MacBrayne can be prevented from providing this service if they so wish. I do, however, disagree with their apparent justification for so doing.
GORDON JACKSON QC
Advocates Library,
Parliament House,
EDINBURGH, EH1 2RF
2nd June, 2009.
14 comments:
'We've been suspicious from the start because of their stubborn refusal to make public their legal advice.
'Now we have this hard legal advice of our own – from one of the best advocates in the country – and it blows the CalMac case out of the water.
'At the very least, Gordon Jackson's Opinion confirms that we're being threatened with a Sunday ferry on the basis of a questionable interpretation of the law.
'Every test of local opinion, including a majority of our councillors, shows strong opposition to this service. We don't want it, this incompetent legal blustering has infuriated the community and CalMac should back down now.'This diatribe is from someone who is apparently, by some in the community anyway, held in high esteem, why? It makes by feel embarrassed for the people who speak like this and sorry for the people who hang on their every word. These are the arguments of the immature, those who have little understanding of the way the world works. Of course Calmac were not going to release the Counsel’s view they paid for, if LDOS want to challenge Calmacs interpretation they have to do that in Court that is what the Court is for, to arbitrate between two differing views or interpretations of the Law.
Judging from what the LDOS Counsels view is on whether they, Calmac, can or cannot run a Sunday ferry, if I were Calmac I would forget about any sensibilities of some of the residents of Lewis and any interpretation of the Equality Act and just get on with it. If they want to run a Sunday ferry for whatever reason, and that could be just to piss LDOS off, then get on and do it. LDOS with disappear in a puff on their own self important rhetoric, that is until they find another issue that will enable those who hang on their every word to see again how important LDOS are!! It all helps keep the flock quiet I suppose!!
For goodness sake why don't CalMac just start the Sunday Sailings, are they a commercial organisation or not ??
How on earth can they justify having their biggest asset idle for a seventh of its life ?
What is even more pathetic is that I hear the MV Hebrides sails out of Tarbet for Lochmaddy EMPTY YES EMPTY on a Sunday.
And why is it the only people that seem to have a voice on this issue are the LDOS, they certainly do not represent me or many others I know.
Between the Cllrs and LDOS, they are begining to sound like a bunch of teenagers with a very large dose of RAGING HORMONES and the teenage strop to go along with it. For GODs sake, someone give them a new "soother" and let the ADULTS get on with taking ADULT decisions. Come on Calmac, show some balls!!!!!!!
Ffs..the plane flies on Sunday, the pubs are open, the newspapers are printed on Sunday, the mail is sorted on Sunday, the cows are milked on Sunday, the chickens lay eggs on Sunday, we even dare to hang our washing out on Sunday but only because we can't f*** off for the weekend and come home on Sunday. If you don't want to go on the boat on Sunday - Don't, but let others that do get on with it you sad bunch of unchristian b******s
Please, please please get the ferry going on a sunday. I want the minority showing me how to become civilised. Oh and i want a bridge because Skye has one and it breaches my human rights that i cannot walk across the minch and i can't afford to use the ferry...and i want to help the local economy by shopping on the mainland on sundays...and i want the sports centre and golf club open at nights because i can't make it any other time. Hey, this is going to be fantastic!!!
THIS WILL NOT HAPPEN.
What nonsense - there is no difference discriminating against ones belief in either way ie not letting someone sail on an existing ferry due to religious belief or not letting a boat sail at all because of someones religious belief? what is the difference? religious belief causing obstruction to those who have a different belief a crazy intereptation of the law but then LDOS im sure are well vesred in interpreting large tracts of text to suit themselves
Please, please please get the ferry going on a sunday. I want the minority showing me how to become civilised. Oh and i want a bridge because Skye has one and it breaches my human rights that i cannot walk across the minch and i can't afford to use the ferry...and i want to help the local economy by shopping on the mainland on sundays...and i want the sports centre and golf club open at nights because i can't make it any other time. Hey, this is going to be fantastic!!!
this is madness how can the council who runs ferries off other islands its authority reaches on a sunday but for some reason Harris and Lewis have to be held in this time warp of idealism. how can the same council advocate planes flying on a sunday but no ferries going?
the world didn't end when planes flew and the shops didn't all rush to be open on a sunday dd they ... and who the heck knows whether we (the islanders) want a sunday ferry as no one has bothered to ask us
And why is it the only people that seem to have a voice on this issue are the LDOS, they certainly do not represent me or many others I know.
People who go to church have always to me been good people who do good things. I think about Moldova, Blythwood, Kirkcare old folks home, Hebrides Alpha, singing in the town center on a Saturday afternoon. (Actually miss out the last one).
Now we hear of: demands for challenging Cal Mac to disclose private information, QCs getting hired, demands for MPs to answer their question within 24 hours etc. You would think the Third Reich have just marched through Cromwell Street.
My perception, admiration and respect for these people is sadly clouded by there now outrages behavior. If the LDOS want to observe the Sabbath day which is I take it there remit, Fine, observe it but leave the rest of us to get on with it.
I notice that their QC replied to the LDOS on the 2nd fo June and by 5pm they are able to meet and respond to the press. How quick is that. Do they meet daily, rush and drop every thing at the drop of a hat? Or is it just a couple of guys making LDOS policy on the hoof?
9:36am
On the Hoof naturally, who, apart from a child, would come up with the statements that this bunch do?
Added to that they only work 1 day a week so they have little else to do between Sundays apart from convene press conferences!
6:02 that is the best and only view i have heard from a secularist - fantastic use of irony!
Should we not e-mail our councilor and them know our personal stance re Sunday sailing? I don't see them knocking doors to find out anytime soon.
Record of Western Isles council on consultation with the plebs, oops, general public:
School closures: FAIL
AMEC windfarm: FAIL
Eisken windfarm: FAIL
Pairc interconnector: FAIL
Sports Centre Sunday opening: FAIL
Sunday ferries: FAIL
etc.
and all from a council that accuses the MP/MSP of not interacting with it. If that's true I wonder where they learned that from! Hypocrites.
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