Swimmer, 10, in legal bid over Sunday closing

A 10-year-old swimmer is challenging a council’s policy of keeping community facilities closed on a traditionally Presbyterian island on Sundays, while it allows those on other islands to remain open.

A leading solicitor is preparing to seek a judicial review on behalf of Ellen MacLeod’s mother Helen over the policy of Western Isles Council, which keeps the Stornoway sports centre shut but allows those in the religiously mixed Benbecula and the predominantly Roman Catholic Barra to open.

It could be yet another blow to the Sabbatarian tradition on Lewis, which this summer failed to prevent the introduction of the first-ever Sunday ferries to and from Stornoway.

Two other council pools on Lewis, at Lionel in the north and Shawbost in the west, shut on Sundays, as does the community-owned Harris Sports Centre in Tarbert.

Glasgow solicitor Cameron Fyfe is acting for Mrs MacLeod.

Mrs MacLeod, a native islander, is convinced most young people on Lewis want to see the £7 million Stornoway centre open over the entire weekend, when they can make most use of it. She does not accept this would impinge on traditional Sabbath observance. As well as the pool, facilities include a fitness centre, games hall, squash courts, health suite, climbing wall, creche, football pitch and running track.

Mrs MacLeod does not want to make any further public comment, but Mr Fyfe told The Herald: “I have been instructed to apply for legal aid on behalf of Ellen to raise an action for judicial review in the Court of Session against the decision of the Western Isles Council not to open their sports centre on a Sunday.

“We have Counsel’s Opinion to the effect that this decision is irrational and in breach of the Equality Act 2006 in that the council allows some of their other sports centres to open on a Sunday.”

Mr Fyfe also wrote words to that effect to the council on August 31, warning: “Our clients consider that this is a breach of the Equality Act of 2006 as sports centres elsewhere in the Outer Hebrides, over which you have jurisdiction, are open on a Sunday.

“Can you please confirm that you will now open the sports centre on a Sunday, otherwise our instructions are to proceed with a court action for judicial review of your decision. The action would be founded on section 46 of the 2006 Equality Act.”

This was the section about which directors of Caledonian MacBrayne sought legal advice. They were warned the company could be breaching section 46 if they did not introduce the first Sunday sailing to and from Stornoway this summer.

The Lord’s Day Observance Society, which had been campaigning against the Sunday service, sought its own legal opinion from Gordon Jackson, QC, which challenged Caledonian MacBrayne’s interpretation.

Ferries now sail twice-daily between Ullapool and Stornoway on Sundays.

A Western Isles Council spokesman said yesterday: “The comhairle will defend any such legal action. Is a court really going to dictate the opening hours of facilities to a local authority?

“That would be somewhat bizarre, particularly in these times of extreme budgetary pressures when opening hours are being looked at with a view to possible savings.

“The comhairle is confident that the opening hours of Lewis Sports Centre compare favourably with other such facilities in Scotland.”