Mary Kenny
Law interfering in business is far from tactful, writes Mary Kenny
It seems to me to be most regrettable that the McArthur family, who own Ashers Bakery in Belfast, are likely to be prosecuted by the Equality Commission of Northern Ireland for declining an order for a “gay marriage” wedding cake.
The cake was ordered by the gay rights pressure group Queerspace, and it was to depict the Sesame Street characters Bert and Ernie, while carrying the slogan “Support Gay Marriage”.
As the McArthurs are strict Presbyterians, it was surely not altogether unexpected that they would choose not to accept such a request.
Queerspace could easily have chosen another bakery – surely the essence of free trade is competition? – but instead they lodged a complaint with the Equality Commission which, under equal rights legislation, chose to proceed with a discrimination case. Daniel McArthur, who runs the small bakery with his parents, Colin and Karen, has said that he believes the Equality Commission has “picked on us” to “make a political showcase”.
This case is dismaying for a number of reasons. It will be bad for community relations in Northern Ireland – it has already been pointed out that one of the three commissioners behind the legal action against Ashers is Liam Maskey, who comes from a prominent Republican-Sinn Féin family. Inevitably, there will be questions asked whether a strong Sinn Féin influence is being brought to bear against a traditional Unionist small business.
It is also bad for business practice. One of the principles of trade is that a person, or a company, may trade with whoever they please, and by the same token, may decline business if they so choose. It is engraved over the entrance of many a public house that the proprietor may reserve the right to refuse entrance or service to any customer.
I am classified, in my tax returns, as a “sole trader” – being a freelance writer. That is to say I may choose to accept, or decline, an invitation to write for whoever I wish.
Accepting or declining business can be done quite politely and tactfully. But it’s a poor day for freedom of trade when the law has to be dragged into every client interchange.
Traditionally, there was a fine maxim which lawyers upheld called “lex minimis”: the law does not make a great fuss about small matters. Lex minimis was sensible and practical, but it has been overtaken by laws which try to regulate and interfere with every aspect of personal life, from smoking a cigarette in private to the ordering of a cake.
What might have been tactfully settled with a “least said, soonest mended” common-sense approach is now threatening to expand into a bitter, and possibly sectarian, controversy. Shame on those who have made such a mountain out of a molehill.
Christmas party etiquette
Advent hasn’t yet begun but, as usual, Christmas is being hurried upon us, with urgent reminders that it’s only six weeks away. I’m glad to say that, with the exception of a few art gallery cards, I haven’t done anything to prepare for Christmas – not before Advent.
But it’s interesting to note the protocols for Christmas parties, including office parties. I’ve had an invitation which specifies the time and the dress code: “Jackets for men; no jeans or trainers for anyone.” Is it stuffy to spell out a dress code? Or does it just clarify the situation?
Irish soirées tend to have an indefinite time-span, but London parties are often more formal, and the English still rather like the formula of specifying the time for “carriages”. (A formal dinner will say: “Carriages at midnight.”) This completely bewilders overseas visitors who don’t understand that it’s just an old-fashioned way of saying “time to go home”!
Striking a balance between compassion and justice
Pope Francis is following an honourable tradition when he states that the death penalty is wrong and should not be practised in any society. Italy was among the first countries in Europe to abolish capital punishment, led largely by a Catholic conscience.
But, while the death penalty in most societies has been abolished for those found guilty of a capital crime, it has not been abolished for the innocent. From Mexican gangs – who recently put to death more than 20 young students, just to show their power – to gun violence in Dublin, the death penalty still lurks for victims of crime.
Protestant societies have been traditionally tougher on crime, and have handed out stronger penalties – Britain tends to give much tougher prison sentences than Ireland. Catholic societies have perhaps had more sympathy for the felon.
When an offender is repentant, that’s as it should be, but there is a balance to be struck, between compassion for the offender and justice for the victims.
