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Ok here goes.

You may find you can make people sit up and listen to you if you know the laws that govern the ritual side of things.

1. On 2 October 1998 the European Convention on Human Rights will be incorporated into National Law under the Human Rights Act, which received Royal assent on 9 November. The Convention enshrines the right to freedom of association and peaceful assembly, and freedom from religious discrimination (hitherto only outlawed in British law in Northern Ireland). Article 18 states: '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 teaching, practice, worship and observance'. The Act makes it unlawful for any public authority to act in a way which is incompatible with the Convention, and legal proceedings may be brought if a person, company or organisation suffers as a result of an authority's unlawful act.

2. 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 for the protection of the rights and freedoms of others.

3. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

4. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State

5. Partly in response to these changes to the law the Government has commissioned Derby University's Religious Resource and Research Centre to undertake a study of religious discrimination in the UK, and the final report is due to be presented to the Home Office this month. The interim report of January 2000 specifically cited Pagans as an example of a minority religious group affected by such discrimination.


As you can see they cannot stop us from being Pagans at Avebury, so they are trying the next best thing, stopping us from being able to remain there at the times we need to be there, however the carpark is within the boundries of the religious site as defined by the NT and as paganism historically would have celibrated feasts for days you could claim that the campsite is a continuation of the feasting ritual (we do drink a lot of mead and eat there).
My interpretation of this is that if the national trust give us permission to camp solely for the period of our Pagan Festivals and they are the sole owners of this land (the car park), then the local bylaws would be seen as discriminatory as our camping there does not effect the interests of national security or public safety, or the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

As you can see from item 5 the governments own research has given Paganism the heading of "Religion" so we do not have to prove that we are.

I will continue to research this for more information to assist you.

TIG

T TIG

By the way as you see from section 5 a government inquiry has already accepted Paganism as a religion to answer another post here.

TIG

Hi

some excellent points, many thanks. Will write more later, but as an ex-student of Derby Uni - Ill get in touch with them!!
j

Not sure if any of this will be of much use, but the National Trust actually have a whole set of Byelaws of their own, confirmed with the Secretary of State in 1965. These include sections on ‘camping’ and ‘public gatherings’. For more details see…..

http://www.nationaltrust.org.uk/main/nationaltrust/byelaws.htm

I also have to add that Avebury is one of the ancient sites handed to the National Trust by English Heritage in 1994. I believe that while the National Trust are responsible for looking after the sites, the guardianship and overall responsibility is retained by English Heritage.

"5. Partly in response to these changes to the law the Government has commissioned Derby University's Religious Resource and Research Centre to undertake a study of religious discrimination in the UK, and the final report is due to be presented to the Home Office this month. The interim report of January 2000 specifically cited Pagans as an example of a minority religious group affected by such discrimination."

And here's the web-link to the resulting reports:

http://www.homeoffice.gov.uk/rds/pdfs/hors220.pdf

http://www.homeoffice.gov.uk/rds/pdfs/hors221.pdf

Is stopping access to a car park stopping the worship?

As I have said elsewhere - if worshippers were to arrive on foot, for example, then worship could go ahead totally unhindered.

Is there anything to stop worshippers who wish to drive to Avebury coming to some arrangement with a local with a large drive?

Another solution would be a permitting system to allow parking at certain times. A short form filling and sticker purchase could sort this (if NT said no to the suggestion then that perhaps shows the ture sign of any intent).

I work for an organisation that has carparking in its remit. It has the power to set charges, 'dictate' opening and closing times and control vehicle types through, for example, height barriers (this stops posh people in 4x4's as well as traveller-type vehicles so no-one is directly targetted!). This it can do perfectly legally. I guess NT would be in the same position.

I sympathise with the position and I'm sure there is a solution (but it may involve money changing hands as happens at Avebury during daylight hours with the P&D carparking) but there has to be some realism.

As a final thought on denying access for worship - how does the Church get around this aspect when it locks churches when not in formal use?

Regards

Grendel