SPIRIT v LAW
Canon David Jennings
Rector of Burbage with Aston Flamville
Canon Theologian, Leicester Cathedral
In his letter to the Church in Galatia, St Paul writes: ‘But if you are led by the Spirit, you are not subject to law’ (Galatians 5:18). Now, clearly St Paul was not referring to the law as determined by legislation within a democratic state, but rather the limitations of the Law of Moses in enabling righteous living. In many respects, as was evidenced by Jesus, the Law restricted the doing of good, and being led by the Spirit of God. However, there is a sense in which the law of the state can impede the doing of good and righteous living, and is thereby open to question and challenge.
The recent issue of the eviction of travellers from an illegal site at Dale Farm, Essex raises this precise issue. It is quite clear and well acknowledged that the portion of the site in dispute does not have planning permission, and its use is thereby illegal. There is no doubt that the due process of law in this respect was followed by Basildon Council and the right of appeal was followed. However, does that make the subsequent act of eviction right or even righteous? The facts of the use of the site and the lives of the residents raise significant questions. There is no dispute that the site is on designated green belt, although Basildon has given planning consent to developers in other parts of the district to build on green belt land; also, the previous use was that of a scrap yard and that the travellers have legal ownership of the site. It has been suggested that the council even tarmaced the site. One half of the site has the appropriate planning consent, and there has been settled occupancy throughout the disputed ten years.
There are a number of other clear issues. Firstly, the law should be obeyed and upheld. Secondly, that in any resolution of the dispute, only peaceful means should be employed by all, including the authorities. Thirdly, the health and welfare needs of those caught up in the dispute should be acknowledged and respected. Fourthly, the issue of children’s education should be addressed. Fifthly, although perhaps too late, other ways of resolving the issue should have been more proactively pursued. Finally, the needs of travellers and the preservation of their way of life should take precedence over any prejudicial response. The stupidity of the Dale Farm dispute is that it is likely to cost £18 million to remove the travellers, the local school is at risk of closure with children losing their right to education, and relations between other authorities and their traveller communities undermined. Could not retrospective planning permission have been given, as it is often in other situations, or is it just because some people do not like travellers? Responding to a question from one of the Pharisees about the greatest commandment in the Law, Jesus replied: ‘”Love the Lord your God with all your heart, with all your soul, and with all your mind.” That is the greatest, the first commandment. The second is like it: “Love your neighbour as yourself.” Everything in the law and the prophets hangs on these two commandments.’ (Matthew 22:37-40). Travellers are our neighbours whom we should love as ourselves.
© Revd Canon David Jennings