Sikh solicitors given faith items concession by Home Office

Sikh solicitors are to be allowed to carry their articles of faith when visiting clients in detention centres, under a concession by the UK Home Office following an intervention by the Law Society of Scotland.

The Society took up the issue after Gurpreet Singh Johal, a trainee solicitor at Glasgow law firm Bilkus & Boyle, was told he would have to remove his kirpan, a small ceremonial dagger which is one of the five symbols of faith Sikhs carry, as a legal visitor. Mr Johal later learned that Sikh ministers are permitted to wear the kirpan in detention centres, provided it is properly secured.

The fact that solicitors are also subject to regulatory requirements including robust vetting and police disclosure checks before they can enter detention centres to meet clients, was also founded on by the Society.

Welcoming the decision, Mr Johal said: “Access to a solicitor is a fundamental right for anyone being held in detention centres. I work with clients from a variety of backgrounds, but it’s understandable that in such traumatic circumstances, some people will want legal support from someone who understands their social and cultural context, or can communicate in their own language.

“I was surprised to be told I would need to remove my kirpan before being allowed into the centre, and while an alternative was offered, it did not meet the religious needs of a baptised Sikh. Following my experience I felt it was necessary to involve the Law Society. You always wonder whether you should make a fuss, but even outwith my personal situation, I believe that any barriers put in place to ensure safety and security have to be proportionate when it comes to clients being able to access an appropriate solicitor.

“I was very pleased the Law Society took action in raising this with raising this with the Home Office, particularly as it is acknowledged in Scots law which permits baptised Sikh solicitors to wear the kirpan in court. I cannot thank Neil Stevenson and the Law Society enough for their support.”

Mr Stevenson, who is director of representation and support at the Society, praised the Home Office decision. He added: “We aim to support all members in carrying out their professional duties and want to thank Gurpreet for making us aware of this. In an increasingly diverse legal profession in Scotland, as elsewhere in the UK, we need to be more alive to these issues to ensure that solicitors can properly meet the needs of their clients while not having to unnecessarily compromise on their religious beliefs.”